Recommendations
(E/CN.4/2006/6/Add.3)
Situation during visit
(See: E/CN.4/2006/6/Add.3)
(h) Necessary measures be
Not respected in practice.
taken to establish and ensure
the independence of the
judiciary in the performance
of their duties in conformity
with international standards
(e.g. the Basic Principles on
the Independence of the
Judiciary). Measures should
also be taken to ensure
respect for the principle of the
equality of arms between the
prosecution and the defence
in criminal proceedings.
Information received in the reporting
period
Government: Under the 11.07.2007 N
5279 amendment to the Law of Georgia
on the Disciplinary Responsibility and
Disciplinary Prosecution of Judges of
Common Courts of Georgia, article 2 was
reformulated to provide more specific
grounds for disciplinary proceedings
against judges.
Special measures have been undertaken
for strengthening guarantees of
impartiality and independence of judges.
Non-governmental sources:
1. Formation of the High Council of
Justice: reportedly, politicization of the
High Council members appointed by the
President and the Parliament is not
excluded; only the head of the Supreme
Court of Georgia (the SC) can nominate
judges for the membership to the High
Council of Justice. Although, the judges to
be nominated by the head of the SC are
elected by the Assembly of Judges, in the
75
A/HRC/19/61/Add.3
Steps taken in previous years
(See: A/HRC/4/33/Add.2,
A/HRC/7/3/Add.2 and
A/HRC/16/52/Add.2)
2008, the victim applied to the
Administrative Chamber of the Tbilisi
City Court, which accorded the person in
9000 GEL (approx. 5280 USD).
Rehabilitation programmes are provided
by a non-profit, non-governmental
organization, which offers professional
medical, social and psychological services
to the victims and their family members.
Activities are conducted in centre‘s
facilities and through outreach
programmes.
Reform in line with the Criminal Law
Reform Strategy and the Government‘s
Action Plan to be completed in early
2009. Its guiding principles are:
Strengthened independence and
impartiality of the judiciary;
Improve social guarantees for judges as
well as non-judicial staff in the judiciary;
improved training for both categories;
Systemic reorganization of the judiciary
ensuring effectiveness and efficiency of
the whole judicial process;
Development of infrastructure for the
judiciary including construction of new
buildings and the provision of necessary
technical equipment; and
Reform of established court/case
management systems.
Constitutional amendments were
introduced in December 2007 to minimize
the authority of the President in the
judicial system; the High Council of
Justice appoints and dismisses judges; the
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