The Coalition is reacting to the draft decree, which was published on the High Council of Justicewebpage on December 1, 2020. The decree is supposed to regulate the process of selection of Supreme Court judges by the High Council of Justice. The Coalition believes that the proposed rules do not ensure an open and transparent process. They also considerably limit the ability of the Council members to actively engage in interviews and pose questions to candidates at their own discretion.
It’s been one year since the independent investigative mechanism became effective and there are still insufficient guarantees of its institutional and functional independence. The establishment of this Service was crucial in the fight against torture and ill-treatment in the country, however, further steps are needed to strengthen the State Inspector’s Service.
Beginning with November 9, 2020, a curfew was enacted in 7 major cities of Georgia. This decision by the Government of Georgia was met with sharp political and judicial criticism.
Georgia signed the European Convention on April 27, 1999, which entered into force on May 20, 1999. The European Court of Human Rights heard a total of 104 cases against Georgia in 1999-2019. As of July 2020, Georgia has 545 pending cases
The XXVIII extraordinary judicial conference is scheduled for October 30, 2020. According to the agenda, the conference is supposed to appoint 2 judge members of the High Council of Justice of Georgia, including the Council Secretary.
The Parliament of Georgiaundermines its constitutional mandate and thus puts the constitutionality of the measures of responsibility introduced for preventing the spread of Covid-19 under question.
On October 20, 2020, the Institute for Development of Freedom of Information (IDFI), with the support from the European Union (EU) held a presentation of the project - Monitoring Covid-19 related public spendings and human rights protection during the state of emergency and after.
Based on the appeals of “Institute for Development of Freedom of Information” and “Media Development Foundation” the Constitutional Court of Georgia, by its decision of June 7, 2019, ruled that the provisions of the Law of Georgia on Personal Data Protection, specifically Article 5 and paragraphs 1 and 3 of Article 6 were unconstitutional as they prohibited access to the full text of court decisions delivered within the scope of public hearings by Common Courts of Georgia.
The existence of strict guarantees for the protection of privacy is essential for the establishment of a free and democratic society. The constitutional right to privacy is an integral part of the concept of freedom.
The Coalition for an Independent and Transparent Judiciary believes that the proposed draft amendments to the Law of Georgia on Common Courts are fragmented and do not address the challenges and problems that are characteristic not only to the process of selection of Supreme Court judges, but also to the judiciary, in general.