Statement on the Initiative to Investigate Crimes Committed in the Process of Administration of Justice

News | Statements 4 March 2015

The Coalition for an Independent and Transparent Judiciary is welcoming the Georgian Government’s statements, which concern thousands of complaints submitted to the General Prosecutor’s Office since October 1, 2012 and declare the initiation of effective legal actions to address them.

In October 2013 the Coalition created the Miscarriages of Justice, Property Rights and Economic Governance Working Group which aims to support development of an effective public policy, legislative and institutional reforms, and rule of law in the fields of property rights and economic governance.

The Coalition believes that there is a need for creating an effective mechanism to address miscarriages of justice, adequately evaluating the condition of victims, and carrying out measures for improving their legal status. We want to emphasize the need to establish the truth that will be shared both by us and international community. This will assist Georgia in completing systemic reforms, addressing the lack of trust and polarization of the society and starting a new phase in the development of Georgia.

In view of the complexity of this issue, we believe that it is necessary to create a package of deep and comprehensive reforms which will not be limited to the creation of a structural unit within the Prosecutor’s Office, but will cover such issues as:

  • Independent and effective investigation;
  • Effective mechanism for reviewing court decisions which have come into force and the role of the court in the process;
  • Liability of alleged criminals;
  • Clear and transparent procedure for the compensation and restitution.

It is important to avoid a superficial and unprepared reform implemented for demonstrational purposes and with an aim to meet the pressure coming from the public. The mechanism developed as a result of such a reform is not going to be equally accessible for all stakeholders and will not contribute to the sense of justice in the society.

In view of the above challenges and risks we believe that the process of work to address miscarriages of justice has to be carried out in the form of dialogue with stakeholders. It should ensure greater public involvement and participation as a result of which a package of comprehensive reforms will be developed and effectively implemented.

The Coalition is ready to host a public forum to allow for the exchange of views and opinions among stakeholders involved in the process.

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