Situation during visit
(See: E/CN.4/2006/6/Add.3)
Information received in the reporting
period
assembly those judges can only be
nominated by the Head of the SC.
2. Under the new system, the procedure of
appointment of judges is vague; members
of the High Council of Justice appointed
by the President and the Parliament can
veto any candidate for being appointed as
a judge.
3. After the reform, new mechanism of
transfer of judges from one court to
another is actively used in practice; in
other words, a judge from the first instance
court in Tbilisi can be transferred without
any justification and time-limit to any
other district, city and/or appellate court in
any other region of the country. This
mechanism is frequently used as
punishment and/or reward.
4. Reportedly, there is no objective criteria
set by the law for giving benefits to
judges, which leads to the subjective
decisions taken in this regard.
5. Grounds for disciplinary responsibilities
under the law are too broad, which might
lead to subjecting judges to disciplinary
sanctions for a minor misdoing; this is
particularly striking because the procedure
of disciplinary responsibility of the judges
is secret and cannot be disclosed to
anyone; after the reform no one is familiar
with the details of its implementation in
practice.
A/HRC/19/61/Add.3
76
Recommendations
(E/CN.4/2006/6/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)
Chairman of the Supreme Court of
Georgia chairs the meetings of the High
Council;
2007 Law on the ―Rules of
Communication with Judges of General
Courts of Georgia‖;
Revision of the Code of Judicial Ethics to
ensure compliance with the European
Standards of Judges‘ Ethical Behaviour
adopted by the Conference of Judges on
20 October 2007;
A competitive selection process for judges
is conducted periodically by the High
Council of Justice; training improved,
salaries raised;
Illegal decisions by judges were
decriminalized by law; amendments to the
Law on ―Disciplinary administration of
justice and disciplinary responsibilities of
judges of common courts of Georgia‖ of
19 July 2007 make explicit that wrongful
interpretation of the law based on intimate
convictions of the judge cannot form the
basis for disciplinary proceedings and the
judge cannot be prosecuted for such
conduct;
On 10 October 2008, amendments to the
Constitution of Georgia merged the
Prosecution Service with the Ministry of
Justice; a new Law on the Prosecution
Service, adopted on 21 October 2008,
incorporated the prosecution service in the
Ministry of Justice; the Chief Prosecutor
is nominated by the Minister of Justice
and appointed by the President.
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