PROMOTING RULE OF LAW IN GEORGIA (PROLoG)

CA # AID-114-A-15-00004

QUARTERLY REPORT YEAR FOUR APRIL 1, 2018 – JUNE 30, 2018

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PROMOTING RULE OF LAW IN GEORGIA ACTIVITY (PROLoG) QUARTERLY REPORT YEAR FOUR APRIL 1, 2018 – JUNE 30, 2018

Prepared under the USAID’s Promoting Rule of Law in Georgia (PROLoG) Activity, Cooperative Agreement Number AID-114-A-15-00004

Submitted to: USAID/Georgia as of July 23, 2018

Implementer East-West Management Institute, Inc.

Responsible Parties: Giorgi Chkheidze, Chief of Party, Tbilisi, [email protected] Mark Dietrich, Project Director, Washington, D.C. [email protected]

Disclaimer This report is made possible by the support of the American People through the United States Agency for International Development (USAID). The contents of this report are the sole responsibility of East-West Management Institute, Inc. and do not necessarily reflect the views of USAID or the United States Government

2 TABLE OF ACRONYMS

ACCESS Advancing CSO Capacities and Engaging Society for Sustainability ADR Alternative Dispute Resolution CA Cooperative Agreement CEPEJ European Community for the Efficiency of Justice CIDA Civil Development Agency CRRC Caucasus Resource Research Center CLE Continuing Legal Education COE Council of Europe COP Chief of Party DCOP Deputy Chief of Party ECtHR European Court of Human Rights EHRAC European Human Rights Advocacy Centre EMC Human Rights Education and Monitoring Center EWMI East-West Management Institute Free-Uni Free University of Tbilisi GDI Georgian Democracy Imitative GBA Georgian Bar Association GIZ German Society for International Cooperation GTUC Georgian Trade Unions Confederation GYLA Georgian Young Lawyers’ Association HCOJ High Council of Justice HRC Human Rights Center HRCS Human Rights Center of the Supreme Court HSOJ High School of Justice JAG Judges Association of Georgia LAS Legal Aid Service L-N Lexis - Nexis M&E Monitoring and Evaluation MOJ Ministry of Justice NCCL National Center for Commercial Law NIHR Free Uni national Institute for Human Rights NGO Non-governmental Organization Coalition The Coalition for an Independent and Transparent Judiciary PDO Office of the Public Defender PROLoG Promoting Rule of Law in Georgia TSU Tbilisi State University TDI Tolerance and Diversity Institute TOT Training of Trainers TI Transparency International - Georgia USAID United States Agency for International Development USG U.S. Government WUSL Washburn University School of Law

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Executive Summary

Sub-Purpose 1: Strengthen Legal Framework

Judicial Reform

PROLoG continued supporting the so called “Fourth Wave” judicial reform process within the framework of the Parliamentary Judicial Reform Working group (PJR WG). After Chairman of the Parliament Irakli Kobakhidze took a chairing role, the PJR WG held two working meetings to discuss two topics: legislative amendments to the law on judicial discipline, including grounds of discipline, and amendments needed to reduce the backlog in courts. PROLoG’s expert Victoria Henley, former Director-Chief Counsel of the California Commission on Judicial Performance, examined a new consolidated version of the draft amendments to the law on judicial discipline and submitted a detailed set of recommendations. In addition, PROLoG engaged with USAID and other USG representatives at the Mission and assisted in the preparation of a written set of recommendations that were provided to the PJR WG on behalf of the U.S. Embassy (see Annex 1 of this report). These recommendations are based on the advice of PROLoG’s local and international experts, and concern the work of the High Council of Justice (HCOJ), reform of the grounds and procedures regarding the disciplinary responsibility of judges, and reform of the admission system at the High School of Justice (HSOJ). Notably, with this set of recommendations the USG suggested that the Government of Georgia and HCOJ impose a moratorium on the life appointment of judges until a comprehensive reform process is finalized.

To facilitate the efficient functioning of the court system and improve the quality of justice, PROLoG, at HCOJ’s request and in collaboration with other international donors, started Phase One of a needs assessment study to identify the proper overall number of judges in Georgia. PROLoG contracted Dr. Jesper Wittrup, and other donors contracted local experts, to conduct a comparative quantitative analysis of the number of judges in European countries and prepare a qualitative analysis aiming to address the methodological concerns associated with a purely quantitative analysis. A final assessment of the proper overall number of judges in Georgia is anticipated at the end of Summer 2018.

PROLoG supported a five-day workshop in Borjomi for judicial exam test writers to validate the tests they developed for admission to the High School of Justice. The workshop was assisted and facilitated by the National Assessment and Examination Center (NAEC). Also, PROLoG hired a company to update existing exam software in compliance with new regulations, and enhance its security and safety.

To enable the Georgian judiciary, as well as the Government and wider donor community, to see the weaknesses in and opportunities for the judiciary’s IT infrastructure, software and network, and to plan how to effectively invest in new e-justice tools, including creation of a searchable legal database, PROLoG, together with the other partner donor organizations, signed a contract with ICT Business Council to provide an assessment of the IT infrastructure and software asset management within Georgian judiciary.

Human Rights Legislation and Policy Development

During this quarter, PROLoG grantees monitoring implementation of the Human Rights Action Plan 2016-2017 and developed final reports on three categories of issues: 1) criminal justice, right to fair trial, the Prosecutor’s Office, protection of human rights in the penitentiary system, and fight against torture and other forms of inhuman and degrading 4 treatment; 2) freedom of expression and assembly, freedom of religion, and LGBTI rights; and 3) rights of a child, gender equality and women’s rights, and rights of persons with disabilities. The findings of the reports were presented to the Human Rights and Civil Integration Committee at the Parliament after representatives of Government of Georgia presented their report on the Implementation of the Government Action Plan on Human Rights (2016-2017).

During the reporting period ALFG finalized the project “Strengthening the Due Process Rights and the Role of Lawyer in Justice System.” The primary goal of the project was to promote the equality of arms in criminal proceedings through advocacy in support of the parties’ equal rights to collection and introduction of evidence. On April 24, ALFG held a presentation of its research on Equality of Arms and Adversarial Proceeding in the Process of Evidence Collection Introduction and Examination.

Civil Society Engagement in Judicial Reform and Legislative Development Process

This quarter PROLoG continued its support for the Coalition’s advocacy activities aimed at the reform of the justice system. The highlights of this quarter were the Coalition’s legislative proposals submitted to the Parliament to address a number of institutional problems of the Georgian court system. The Coalition submitted legislative initiatives to the Parliament as a part of the “Fourth Wave” judicial reform process. The proposals aim to increase institutional independence of the HSOJ, restrict the court chairs’ powers and change their appointment procedure, define norms governing the work of the High Council of Justice mainly with an aim to increase transparency of the Council’s work and ensure substantiation of its decisions, and to streamline the process of appointment of Supreme Court and lower instance court judges. The initiatives were presented at press conferences. The Coalition also engaged with the PJR WG to push for the adoption of these recommendations and participated in the discussions concerning other stakeholders’ proposals.

Commercial Law Reform

PROLoG, in cooperation with the MoJ and GIZ, supported a presentation of the main principles of the draft Law on Entrepreneurs (LoE) and the Regulatory Impact Assessment results. The draft law received very good feedback from the MOJ. It is expected that the draft law will be presented to the Parliament for approval in the near future.

Sub-Purpose 2: Improve Management of Justice System Institutions

Legal Aid Service

PROLoG assistance to the state-funded Legal Aid Service (LAS) focused on support for the training of LAS lawyers. PROLoG supported the second round of training on effective communication and conflict resolution, and the training of LAS lawyers from East Georgia on involuntary psychiatric assistance. PROLoG continued to work with the newly elected LAS Council to plan its retreat so that the Council could better understand its role and learn more about the challenges and achievements of the LAS.

Civil Society Capacity to Raise Awareness, Monitor and Provide Justice System Oversight

On June 28, Georgian Young Lawyers’ Association (GYLA) and Transparency International Georgia (TI-G) presented their sixth joint report on monitoring the High Council of Justice, which covered 2017. The report highlighted the persistent problems of transparency and accountability of the HCOJ’s work, including regarding judicial appointment, promotion and

5 discipline. The two watchdogs also maintain that the judicial system continues to be dominated by a group of highly placed judges, which the “three waves” of judicial reform implemented to date have failed to reign in. This, they believe, causes suppression of dissent within the system and the marginalization or elimination of all independent-minded judges and officials.

Sub-Purpose 3: Enhance Capacity of Legal Professionals

During the reporting period PROLoG supported university-level legal education through various activities aimed at enhancing professional skills and human rights training. In particular, the Legal Ethics Chair finalized a Bachelor-level course on legal ethics and organized Georgia’s first-ever Legal Ethics Conference. PROLoG also supported two moot court competitions on labor law and trial advocacy, as well as several public awareness rising events conducted by Ilia University’s Human Rights Chair. PROLoG also supported clinical education through: a) development of two amicus briefs for the Constitutional Court (Free Uni); b) drafting of articles and research papers on legal ethics topics (New Vision Uni); and c) assisting Ilia Uni to establish a live client Human Rights Clinic.

PROLoG continued its support to GBA’s Continuing Legal Education by developing four new model courses on human rights-related subjects and training thirty prospective trainers. GBA also conducted seven trainings on PROLoG-supported human rights course modules, training 142 lawyers in Tbilisi and Kutaisi. PROLoG, in cooperation with the EU4Justice Judiciary Support Project, implemented a human rights program for the 45 judicial assistants of Tbilisi and Kutaisi Appellate Courts, and started preparation for the 2018 Judicial Summer School for judicial assistants. PROLoG-hired experts, together with HSOJ, selected judge- trainers and started revision of the Basic Human Rights Course for judges.

On May 4, a package of important amendments to Georgia’s Law on Advocates passed its third hearing vote in the Georgian Parliament. The amendments – made possible through active cooperation between the Legal Affairs Committee of the Parliament, the Georgian Bar Association and PROLoG – will facilitate the institutional strengthening of the GBA. PROLoG and its predecessor project (JILEP) have actively worked on these amendments since 2012.

Taking into account the developments that took place during the GBA elections in December 2017, and until answers to questions regarding the election process are fully provided, USAID and PROLoG decided in January 2018 to limit direct technical assistance to the GBA to activities where the beneficiaries are current or future lawyers and where the activities will ensure the training of GBA members, development of the internship system, or bar examination reform. PROLoG suspended the portions of its grant to GBA that relate to capacity building assistance and bench-bar meetings, but extended the grant until the end of November 2018. Under PROLoG’s grant, GBA completed the Spring 2018 session of its professional ethics clinical program. PROLoG’s expert James Moliterno visited Georgia to assist the GBA Ethics Commission to serve better the interests of the GBA, clarify the Commission’s problems and restore its organizational reputation, and to help the Ethics Commission resolve issues so as to help GBA better serve the interest of its members.

From April 1-6, PROLoG hosted its first visit of a high-level U.S. judge to Georgia, a visit by Judge Allyson K. Duncan of the U.S. Fourth Circuit Court of Appeals. Judge Duncan is the first African-American woman to sit on the Fourth Circuit, the current Chair of the International Judicial Relations Committee of the U.S. Judicial Conference, and the immediate past President of the Federal Judges Association. Judge Duncan had high-level

6 meetings with parliamentarians and ministers whose work relates to the judiciary, met with first instance, appellate and Supreme Court judges, and conducted public events and trainings for judges, law professors and law students. Judge Duncan was also interviewed by Georgian media, and a Facebook post with a quote by Judge Duncan on the public’s right to criticize the judiciary had a reach of over 15,000.

PROLoG also brought its first group of Georgian judges to New York and Washington, DC from April 14-27. The eight first instance judges, who came from across Georgia and included both court chairs and trial court judges, learned how U.S. courts and judges deal with heavy caseloads, case assignments, case management and judicial ethics, as well as many other topics. While in New York, the judges met with court leadership and administrators at the New York state courts and learned about case management, case processing, dispute resolution, and judicial education. The judges also met with U.S. federal court judges and administrators, the chair of the New York State Judicial Institute (New York’s judicial training institution), and representatives of the American Bar Association and Bar Association of the City of New York. The judges also observed court proceedings, learned about how cases are assigned under both the federal and state case management systems, and toured court buildings. While in Washington, DC, the judges visited the Federal Judicial Center, where they learned about the operation of the U.S. federal judicial system and the education of federal judges. They also visited the Administrative Office of the U.S. federal courts. None of the judges had been to the United States before, and the experience was extremely informative on both a professional and personal level.

PROLoG also arranged for four Georgian judges from Tbilisi and Gori City Courts to attend a course on “Leadership for Judges” at the National Judicial College in Reno, Nevada from June 4-7. The Georgian judge participants all have high-level English abilities and took the course together with U.S. judges. The four-day course focused on the theory and practice of effective leadership, effective communication skills and team work, as well as leading change and transformation. The Georgian judges participated in group work together with their U.S. colleagues and also visited courts in Reno and met with their judicial counterparts.

PROLoG also formed an alumni group for judicial exchange participants so that the exchange alumni can coordinate their information sharing efforts and plan future activities.

Sub-Purpose 4: Improve Access to Justice of Marginalized Groups

In the reporting period, PROLoG-funded legal aid organizations, including partner NGOs TI and GYLA, provided legal aid to 5467 beneficiaries and representation to 811 individuals.

The Constitutional Court of Georgia issued very important decisions after granting two strategic litigation complaints submitted with PROLoG support by TDI and Tbilisi Free University Constitutional Law Clinic. In cases on the equal rights of religious organizations, Court stated: “Recognition of the special role of the [Georgian Orthodox] church is related to its historical contribution and does not serve the purpose to create privileged legal conditions for the GOC at present time. The historical role should not be considered as the source of privileged legitimacy. Differentiation and creation of a legally predominant condition is not and should not be the goal of the constitution [...] Granting certain rights to the GOC does not imply creation of obstacles for other religious organizations to enjoy the same rights.”

In the reporting period, PHR successfully litigated a case seeking compensation for moral damage due to continuous domestic violence. The Tbilisi City Court agreed with PHR and set

7 a precedent obliging a perpetrator to pay compensation of GEL 3500 for moral damage. The perpetrator has appealed.

PROLoG grantee TDI, under its awareness raising grant, conducted screenings in Gori and Akhaltsikhe of a documentary on the challenges faced by Georgia’s minorities. TDI showed the documentary and engaged attendees in discussions with the video’s protagonist. The video screenings, which took place in the local Centers of Civic Engagement, were very interesting for the local population and the excitement of meeting with protagonists motivated the discussions even more. Since November 2017, TDI’s Facebook page Images of Diversity, which features its videos on minorities of Georgia, has received 147,000 views and 7578 likes. TDI was invited to submit the videos it produced in 2017 and its project Images of Diversity for the 2018 ADAMI media prize1 in two categories: web videos and web pages. TDI also produced multiple new mini documentary videos and educational articles.

PROLoG grantees closely worked with their constitutional law mentors, former Constitutional Court judges Ketevan Eremadze and Konstantine Vardzelashvili, on up to 10 applications to the Court. They will decide how to proceed, and several claims will be submitted in Fall 2018.

The European Human Rights Advocacy Center (EHRAC)’s mentorship of PROLoG’s legal aid grantees to strengthen the skills of lawyers to submit applications to the European Court of Human Rights and other international bodies is greatly benefiting grantees. EHRAC representatives traveled to Tbilisi in June and conducted three days’ of intensive training and legal clinics for each organization. The NGOs discussed with EHRAC cases they believe are worth submitting to different international mechanisms.

PROLoG recruited a local expert through an open call competition to assist the Gender Equality Council in drafting legislative amendments on sexual harassment. The expert drafted a package of legislative amendments that was sent for revision to relevant stakeholders by the Parliament’s Gender Equality Council.

1 https://www.adamimediaprize.eu/ 8

SUB-PURPOSE 1: STRENGTHEN LEGAL FRAMWORK

A. Significant Results, Accomplishments, Activities

Judicial Reform

Legislative Amendments

PROLoG continued supporting the so-called “Fourth Wave” of judicial reform within the framework of the Parliamentary Judicial Reform Working Group (PJR WG). After Chairman of the Parliament Irakli Kobakhidze took a chairing role, the PJR WG held two working meetings (April 13, June 23) to discuss legislative amendments to the law on judicial discipline, including grounds of discipline, and amendments needed to reduce backlog in courts. To assist the reform of the judicial legislative framework, PROLoG provided the PJR WG with additional technical assistance. In particular, PROLoG’s expert Victoria Henley, former Director-Chief Counsel of the California Commission on Judicial Performance, reviewed a new version of the draft amendments to Article 2 of the Georgian Law on the Disciplinary Responsibility and Disciplinary Proceedings of Judges of Georgian Common Courts (grounds of judicial discipline) and submitted a detailed set of recommendations to the PJR WG on how to improve the draft.

In addition, PROLoG engaged with USAID and other USG representatives to prepare written recommendations to the PJR WG on behalf of the U.S. Embassy (See Annex 1 of this report). The Embassy’s recommendations are based on PROLoG’s local and international experts’ recommendations, and concern the work of the High Council of Justice (HCOJ), reform of the grounds and procedure of the disciplinary responsibility of judges, and reform of the admission system at the High School of Justice (HSOJ). Notably, with this set of recommendations the USG suggested that the Government of Georgia (GoG) and HCOJ impose a moratorium on life appointments until a comprehensive reform process is finalized:

“The HCOJ already appointed 123 judges for life, filling 123 out of 338 judicial positions in Georgia’s common court system. The appointment process raised numerous questions among civil society representatives, as well as within the Georgian government. The HCOJ continues appointing judges for life through an opaque procedure. Introducing clear rules to guide decision-making by the HCOJ will increase trust in HCOJ decision-making on judicial appointments. Moreover, it will increase the possibility of the highest caliber professionals entering the system.

The HCOJ or the Parliament should impose a temporary moratorium on lifetime judicial appointments until the fourth wave of reform regulates HCOJ operation and introduces the rules that will clearly guide judicial appointment process.”

Nevertheless, the discussions headed by the Chairman of the Parliament did not substantially advance the process aimed at reforming the grounds of judicial discipline and discussions did not move to other areas listed in the PJR WG agenda, such as improving rules of operation of the HCOJ and reforming the HSOJ. Given that, it can be stated that the “Forth Wave” of judicial reform, launched almost a year ago within the PJR WG framework, has as of now failed to meet the expectations of PROLoG and other donor organizations working.

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Management Assistance to the HCOJ

Improving Qualification Examination

During this quarter, PROLoG built upon assistance previously provided to the HCOJ to improve judicial qualification examinations. PROLoG supported a one-week workshop in Borjomi, where 27 judicial examination test writers/evaluators selected by the HCOJ worked together in teams to critically assess and validate the tests. National Assessment and Examination Center (NAEC) experts gave feedback and final instructions. In addition, based on HCOJ’s request, PROLoG contracted the IT company Wandio to update the judicial examination software (JESS), initially developed in 2012 with JILEP’s support. The software update aims to comply with the new regulations, as well as meet the necessary safety and security requirements recommended by PROLoG’s judicial examination expert, Kelly Early. The sub-tasks of the service include: (1) update the examination module, (2) enhance security, (3) add statistical forms, and (4) redesign the software to make it more user friendly, including adding an online payment system.

The multiple choice portion of the judicial examination is scheduled for July 21, and the essay portion is scheduled for July 28. The software update will be finalized in July. During the next quarter, PROLoG representatives will follow-up with HCOJ and NAEC to get feedback on the updated software, as well as the exam questions developed as a result of PROLoG’s latest technical assistance.

Study to Define the Proper Number of Judges and Staff

As a follow-up to PROLoG expert Jesper Wittrup’s feasibility study, PROLoG, in consultation with the HCOJ and international donors CoE and EU4Justice, decided to move forward with conducting a full study to define the proper number of judges and staff in Georgia’s courts, but to do so in two phases. Phase One, which was launched this quarter, is a relatively small-scale study to identify the proper overall number of judges in Georgia. Phase Two will be an assessment of the distribution of judges and judicial staff among courts, with the intent to construct a “smart version” of a case weighting system (CWS) and analyzing the workflow process. Phase Two will take place only upon the successful completion of Phase One.

PROLoG, in collaboration with EU4Justice and CoE, started Phase One of the study to identify the overall number of judges needed in the Georgian judiciary. During the last quarter, PROLoG contracted Dr. Wittrup, and other donors contracted local experts, to conduct comparative quantitative analysis of the number of judges in European countries and prepare a qualitative analysis to address the methodological concerns associated with a purely quantitative analysis. In June, Dr. Wittrup made a one-week visit to Georgia to conduct a series of intensive working meetings with local experts Tea Machaidze, Eka Lomtatidze, Mariam Makhishvili, and Elene Janelidze. A final assessment of the overall number of judges in Georgia is anticipated at the end of Summer 2018.

Audit of Information Technology Infrastructure and Software Asset Management

The so-called Third Wave of judicial reform required all Georgia’s courts to publicize decisions starting March 2017. Nevertheless, not all courts fulfil this legal requirement. According to judicial officials, the current searchable database does not support the efficient online publication of court decisions. To enable the Georgian judiciary, as well as the Government and wider donor community, to see the weaknesses and opportunities for the

10 judiciary’s IT infrastructure, software and network, and to plan how to effectively invest in new e-justice tools, including creation of a searchable legal database, in the reporting quarter PROLoG, together with the other partner donor organizations (EU4Justice, GIZ and CoE) contracted with ICT Business Council to provide an assessment of the IT infrastructure and software asset management within the Georgian judiciary. The consultancy will cover at least: (1) an audit of the IT infrastructure and its security; (2) an audit of the case management software and its ability to be upgraded or modified to comply with standards and legislations; (3) an audit of IT business processes, including human resources; and (4) an audit of network management, security and compliance with best standards and practices. Since May 1, ICT conducted 21 meetings with representatives of the judiciary, including the Supreme Court, Appellate Courts, Tbilisi City Court, and some of regional courts. In June, ICT Business Council submitted an initial report on IT infrastructure and software asset management of judicial system. The second part of the report, which will cover an assessment of compliance of existing software with the existing laws and regulations, particularly the electronic case management software (including electronic case assignment module), is anticipated next quarter.

Human Rights Legislation and Policy Development

Support for the Human Rights Council and Effective Implementation of the Human Rights Strategy and Action Plan

During this quarter, the grantees monitoring implementation of the Government Human Rights Action Plan 2016-2017 developed draft final reports with their preliminary findings on three categories of issues: 1) criminal justice, right to fair trial, the Prosecutor’s Office, protection of human rights in the penitentiary system, and fight against torture and other forms of inhuman and degrading treatment; 2) freedom of expression and assembly, freedom of religion, and LGBTI rights; and 3) rights of a child, gender equality and women’s rights, and rights of persons with disabilities. The preliminary results of the monitoring were presented to stakeholders during the thematic meetings organized under the umbrella of Human Rights Monitoring Week, in cooperation with the Human Rights Secretariat of the Government Administration. The representatives of state institutions, NGOs and international organizations discussed the findings and shared their views. The grantees will finalize the reports based on the outcomes of the meetings and other feedback. The final reports will be submitted to the Human Rights Committee of the Parliament as well as to the wider public. A specially developed web-page (http://hrm.org.ge/) was also presented during the meetings to provide interested individuals with the ability to monitor the implementation and progress of the Action Plan.

Due Process Rights

PROLoG continued its support for CSO activities to reform the legal framework and address pressing challenges to ensure the effective observance of due process guarantees.

During this quarter, ALFG finalized the project “Strengthening the Due Process Rights and the Role of Lawyers in the Justice System.” The primary goal of the project was to promote the equality of arms in criminal proceedings through advocacy in support of parties’ equal right to collect and introduce evidence. In the framework of the project ALFG conducted research on Equality of Arms and Adversarial Proceeding in the Process of Evidence Collection Introduction and Examination, as well as drafted legislative amendments to address gaps in the Criminal Procedure Code of Georgia. The package with its explanatory

11 note, along the U.S. expert Judge Richard Gebelein’s opinion on it, was submitted to the Parliament. The presentation was held on April 24.

GYLA continued implementing its advocacy strategy to reform the Code of Administrative Offenses and carried out various activities. GYLA’s top management held meetings with the Head of Governmental Administration, Shalva Tadumadze, and the chairperson of the Supreme Court, Nino Gvenetadze. GYLA submitted to the Parliament its opinion on the amendments to be introduced to the Code of Administrative Offenses concerning the increase in the amount of fines for placing posters and banners in Tbilisi. GYLA, together with the Coalition, also submitted a statement for the UN Special Rapporteur on the rights to freedom of peaceful assembly and association with information about how the Code of Administrative Offenses is used to restrict the right to assembly.

GYLA continued working on strategic litigation cases and identified two more cases to challenge the main principles of the Code of Administrative Offences and guarantee access to due process rights for persons accused of administrative violations. GYLA also held meetings at Free University and Ilia State University to raise students’ awareness of importance of reforms and discussed claims filed by GYLA before the Constitutional Court.

Anti-Discrimination

During the reporting period, PROLoG expert Besarion Bokhashvili, together with the PDO’s Equality Department and EU Project on Combating All Forms of Discrimination in Georgia, continued to analyze common courts judgments on discrimination and study case materials to reveal the structural and systemic problems identified in the case law of domestic courts. The expert already prepared first and second drafts of the analytical document, which is now in the review process. The final report is expected in July.

Gender Equality

PROLoG continued directing its efforts to strengthen gender equality and the regulatory framework governing women’s rights by supporting the Parliament’s Gender Equality Council. PROLoG engaged a local expert to assist the Council in drafting legislative amendments on sexual harassment. The expert drafted a package of legislative amendments that was sent for revision to relevant stakeholders by the Gender Equality Council.

The Gender Equality Council requested PROLoG to provide it with a local expert to advise it on the drafting of a legislative package on women’s labor rights. PROLoG announced a call for an expert who will deal with the following: prohibition of discrimination due to health conditions, appearance, pregnancy or maternity; prohibition of discrimination in pre- contractual relations; prohibition of discriminatory terms in vacancy announcement texts; issues related to pregnancy or post-pregnancy period; issues related to compensation for overtime work and other issues ensuring women's equal labor rights, etc. In addition, the expert will develop an explanatory note justifying the purpose and importance of the recommended changes to bring Georgia's legislative framework into harmony with Georgia`s international obligations.

Civil Society Engagement in Legislative Development Process

Advocacy to Improve Judicial System The highlights of this quarter were the Coalition’s legislative proposals submitted to the Parliament to address a number of institutional problems of the Georgian court system. The

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Coalition also continued to push for judicial reforms through the Make Courts Trustworthy campaign and by engaging with the Parliamentary Judicial Reform Working Group (PJR WG). The Coalition Steering Committee also published statements in response to important developments in the justice sector.

The Coalition submitted legislative initiatives to the Parliament as a part of the “Fourth Wave” judicial reform process. The proposals aim to increase institutional independence of the HSOJ, restrict the court chairs’ powers and change their appointment procedure, define norms governing the work of the High Council of Justice with an aim to increase the transparency of the Council’s work and ensure substantiation of its decisions, and streamline the process of appointment of Supreme Court and lower instance court judges. The initiatives were presented at press conferences. The Coalition also engaged with the PJR WG to push for the adoption of these recommendations and participate in discussions concerning other stakeholders’ proposals. The Coalition’s representation in the Working Group is limited to one person, but it still provides an opportunity for civil society’s meaningful engagement in the reform process. This reporting period the Working Group meetings were mainly dedicated to the discussion of the grounds of judicial disciplinary liability (see above under Judicial Reform).

The Coalition also continued its Make Courts Trustworthy campaign. Coalition representatives met the American Chamber of Commerce and the International Chamber of Commerce to communicate the Campaign’s objectives. In addition, GEPRA, the company assisting the Coalition in its PR activities, developed a short video on how court chairs interfere with the independence of individual judges. The video was circulated in social media. This reporting period the Coalition also published a number of statements in response to important developments in the justice sector:

The Coalition’s May 7 Statement reacted to the HCOJ decision to increase the powers of Mikheil Chinchaladze, Chair of Tbilisi Appeals Court. The Coalition criticized the Council for establishing narrow specializations at Tbilisi Appeals Court and giving the unilateral power over appointing judges to these specializations to Judge Chinchaladze. The Coalition believes that this decision may negatively affect the randomness of case allocation, which is the purpose of the newly introduced electronic case assignment system.

This Coalition also addressed the UN Special Raporteur on the Rights to Freedom of Peaceful and of Association to communicate the problems of the Code of Administrative Offences (see above section on Due Process Rights). The Coalition believes that the Code of Administrative Offences illegitimately deprives individuals of their constitutional rights and requires fundamental revision to meet the standards set by international agreements endorsed by Georgia. The Coalition requested the Rapporteur to evaluate the practice of restricting freedom of peaceful assembly and expression and provide recommendations for reforming the legislation on administrative offences.

The May 31 Statement supported Ana Subeliani and Tamaz Akhobadze, former Ministry of Justice employees who lost their jobs. The court had previously ordered MoJ to reinstate both individuals in their positions because their dismissal was caused by certain officials’ biased opinions unrelated to their work performance. The administrative bodies refused to execute the court decisions. The Coalition’s Statement emphasized that the institutional connection of the National Enforcement Bureau to the Ministry of Justice creates a risk that the enforcement of decisions unacceptable to the Minister of Justice may be artificially protracted or left unexecuted.

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The Coalition also engaged in discussions about the election of the new Chief Prosecutor. The Coalition held a press conference and published a statement calling on the Government to select a new Chief Prosecutor through new, reformed rules. The need for appointing the new Chief Prosecutor arose after the scandalous resignation of Irakli Shotadze, former Chief Prosecutor, due to the failure to property investigate and prosecute the Khorava Street murders. The June 22 Statement called on the Government to suspend the ongoing selection process, fundamentally reform the rules for selecting the Chief Prosecutor to ensure his independence, and distance the Minister of Justice from this process by not allowing her to lead the work of the Prosecutorial Council and nominate candidates for the position of Chief Prosecutor

Coalition Working Group Grant Projects

This reporting period PROLoG monitored three advocacy projects awarded through the NGO Coalition WG Advocacy Competition. The awards were made to the International Society for Fair Elections and Democracy (ISFED), Georgian Democracy Initiative (GDI), and Partnership for Human Rights (PHR).

ISFED, in collaboration with the Institute for the Development of Freedom of Information (IDFI), is analyzing the judicial professional education system in Georgia, focusing on the legal and functional independence of the High School of Justice and the quality of initial judicial training. Together with an international expert, the project team selected the Netherlands, Portugal, Belgium, Austria, Germany, Denmark, France and Poland as examples of best practice for judicial training system organization and commenced studying these systems. The local team has already prepared the first draft of the institutional framework analysis and the analysis of the training programs. The draft will be reviewed by the international expert, Marina Naumovska-Milevska, and then submitted to PROLoG during the next quarter. The project team has had difficulties in accessing individuals for interviews, particularly former HSOJ listeners. For this reason, only nine interviews have been conducted to date. The team will be exploring new ways for reaching their target audience to allow for more robust findings.

GDI is in its second quarter of monitoring the electronic system of case distribution in the common courts of Georgia. The project team has studied the legislation regulating the case assignment and is in the process of finalizing this chapter of the report. The paper will be updated and finalized during the next reporting period. GDI developed the case assignment monitoring methodology in consultation with a data analysis expert Davit Kotishadze, and has been requesting public information on the practices of the nine target common courts.2 Since the courts and the HCOJ were not very cooperative and failed to provide the requested information in full or on time despite multiple requests, GDI established relations with the Supreme Court that resulted in the provision of full and quality data. GDI will process the received information and will draft the six-month report of its monitoring in the next quarter. The report will be discussed with the Coalition by September.

PHR had the first full quarter of work on improving the collection of data and analysis of violence against women in Georgia, stemming from Georgia’s Istanbul Convention commitments. The team is working on the analysis of Council of Europe and European Parliament’s approach on implementing gender statistics and the best practices of European gender equality institutes and Danish state, as well as the practices in Georgia. To document the state of gender-disaggregated statistics in Georgia, the team is continuously requesting

2 Supreme Court of Georgia, Tbilisi and Kutaisi Appeals Courts, Tbilisi, Batumi, Gori, Rustavi and Kutaisi City Courts and Alkhaltsikhe District Court. 14 public data from relevant state bodies: Prosecutor’s Office, Ministry of Internal Affairs (MIA), Ministry of Education and Science, and Ministry of Health, Labour and Social Affairs. PHR had to initiate an administrative complaint against the MIA and the Prosecutor’s Office for providing incomplete information. While the former is still undecided, the latter complaint was not granted and PHR has taken the matter to court and is awaiting the court’s decision. However the court system itself failed to provide the requested data, which has also been appealed, and PHR is awaiting the decision on these appeals. PHR is also in the process of finalizing two infographics based on the findings thus far, which will be published electronically next quarter. In addition, PHR has been actively involved in trainings and meetings on improving gender-disaggregated data collection processes, forging new cooperative relationships with the Swedish Statistics Bureau and UN Women’s Research and Data Section, which will be instrumental to the project’s research and development of recommendations.

Support to GYLA and TI Advocacy Efforts

During the quarter TI, as Chair of the Coalition, led most of the Coalition’s activities. TI managed the development and submission of legislative proposals and organized press conferences and meetings with stakeholders. TI worked very closely with GEPRA to facilitate development of videos and other visual products for the Make Courts Trustworthy campaign. TI developed materials for a video on uninvestigated cases allegedly committed by judicial officials. The video will be released next quarter.

GYLA, together with the other members of the Coalition, worked on legislative proposals. In particular, GYLA prepared draft proposals concerning judicial selection and appointment and the nomination of Supreme Court judicial candidates. GYLA also participated in drafting a proposal to regulate the work of the HCOJ.

GYLA also individually submitted opinions on draft legislation on various human rights issues. For example, GYLA provided an opinion on the rights of persons with disabilities that recommended the Government introduce the service of personal assistants, a special plaintiff status, the principle of reasonable accommodation for persons with disabilities, etc. GYLA also submitted an opinion on the draft Juvenile Code of Georgia. GYLA suggested introducing the state’s obligation to ensure fulfilment of the rights of the child with the maximum use of available resources, deleting the norms establishing obligations for children, administering disputes over the rights of the child in a shortened time period, obliging the government to take responsibility for providing a shelter for homeless children, etc.

This quarter GYLA completed a report on cases of domestic violence. Interviews with victims, judges, prosecutors, police officers, and other stakeholders were finalized and data was analyzed. The report explores the challenges and problems related to the effective state response to the cases of domestic violence. The release of the report is planned for next quarter.

This quarter GYLA also submitted an interim report to the Universal Periodic Review (UPR) mechanism. Among other topics, the report includes information on the implementation of the UPR recommendations in the field of judiciary.

Commercial Law Reform

PROLoG, together with GIZ and the EU-funded project “Support to the Development of Private and Administrative Law Systems in Georgia,” supported the process of drafting of a

15 new Law on Entrepreneurship (LoE) in cooperation with the MOJ. After finalization of the draft law, PROLoG and GIZ contracted the ISET Policy Institute to conduct a Regulatory Impact Assessment (RIA) to evaluate the impact of the draft LoE. On May 2, PROLoG, the MOJ and GIZ, supported a presentation at the ISET Policy Institute of the main principles of the draft LoE and the RIA results. Alexander Baramidze, First Deputy Minister of Justice, gave a very positive evaluation of the draft law and stressed the importance of the RIA mechanism for assessing potential impacts of the law. During the presentation of the draft law it was noted that the changes to be introduced concern almost all aspects of commercial activity in Georgia. They introduce additional corporate consents and approvals, minimum capital requirements for Joint Stock Companies, and the need to maintain reserve capital, among others. The ISET Policy Institute presented the RIA results and the three policy options considered in the document. The presentation was attended by those stakeholders (judges, lawyers, notaries, representatives of relevant ministries) who took part in the stakeholder survey conducted by ISET, as well as by representatives of the business community, governmental agencies and civil society organizations. It is expected that the draft LoE, along with changes to other related laws, will be sent to the Parliament for approval in the near future.

In 2014, a reform of the Civil Procedure Code of Georgia (CivPC) was initiated by the MOJ Private Law Reform Advisory Council, in cooperation with the Association of Law Firms of Georgia (ALFG). The primary purpose of the reform was to strengthen the adversarial aspects of civil litigation and tackle problems with the CivPC related to interim security measures, court representation and ex parte decisions. PROLoG and its predecessor project (JILEP) supported ALFG and MOJ efforts by providing an international expert, Professor Bahadur from Washburn University School of Law (Kansas). In July 2015, ALFG finalized the first draft of changes, partly based on Prof. Bahadur’s recommendations, and conveyed the documents and explanatory notes to the MOJ. In 2016, the draft was revised to reflect a new reform initiative of the MOJ to introduce summary judgments into the CivPC. The working group finalized the document at the end of 2017, and submitted the draft to the Legal Affairs Committee of the Parliament in early 2018. In parallel, at the initiative of the MOJ and with the support of GIZ, a special working group composed of judges and lawyers was formed in November 2016 to consider more extensive revisions to the CivPC. ALFG is represented in this working group. On May 5-6, the two working groups had a possibility to gather and share opinions about the draft amendments and, as a result, a consolidated version of the draft was developed. However, there are some issues that still need to be agreed upon between the two working groups. To facilitate this process, PROLoG intends to support a joint meeting of the two working groups together with the working group of the Parliament’s Legal Affairs Committee to discuss the main points of the draft CivPC amendments.

Monitoring and Evaluation (M & E) Results

Sub-Purpose 1: Legal Framework Strengthened No quarterly reporting required under indicators

B. Key Issues and Challenges

The main challenge remains the opposition of judicial leadership (except for the Chief Justice) to reform the judiciary by amending in a comprehensive way the laws discussed within the PJR WG. The process aimed at reforming the grounds of judicial discipline has not substantially moved forward. At this stage the political leadership, particularly the Chair of the Parliament, must take more active and decisive steps to ensure a proper and timely outcome of the Fourth Weave of judicial reform. PROLoG, in coordination with USAID, the

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U.S. Embassy and other donors, will maintain engagement with the Parliament, Ministry of Justice and HCOJ on these issues.

The Coalition experienced problems with holding a public forum on the Fourth Wave of judicial reforms. The idea of the forum was to present and discuss the Coalition’s legislative proposals with the involvement of stakeholders from the Parliament and judiciary. Invitations were sent out, but the forum scheduled for June 6 was cancelled due to the extraordinary parliamentary session related to the creation of a special parliamentary investigatory commission on the case of Khorava Street murders. The forum has been postponed until September.

C. Plans for next quarter

The following activities are expected to take place during the next reporting period:  Support the HCOJ to publish court decisions by providing support in assessing its current software systems for making court decisions available to the public (IT Audit follow-up);  Support a study to define the overall number of judges and one visit of the expert to Georgia; support a public presentation of the study on the overall number of judges Georgian courts need;  Support grantees to present the final monitoring reports on the Human Rights Action Plan;  Finalization of the analysis of case law of the common courts on discrimination;  Support the Gender Equality Council in finalizing the respective provisions regarding sexual harassment;  Retain a local expert to help the Gender Equality Council draft legislative initiatives relative to the Labor Law and gender equality.  Support GYLA’s efforts to reform the Code of Administrative Offenses including organizing a Coalition Forum;  The NGO Coalition will elect the New Chair and Deputy Chair;  The NGO Coalition will assess the impact of the Make Courts Trustworthy campaign and plan a new set of public relation activities;  The Coalition will take part in the work of the Parliamentary Judicial Reform Working Group;  GYLA will release its report on cases of domestic violence;  A meeting between the MOJ and ALFG working groups and a working group of the Legal Affairs Committee of the Parliament to discuss the main points of the draft amendments to the CivPC is planned for August.

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SUB-PURPOSE 2: IMPROVE MANAGEMENT JUSTICE SYSTEM INSTITUTIONS

A. Significant Results, Accomplishments, Activities

Provide Management Assistance to the HCOJ

See reporting under Sub-Purpose 1, Strengthening Legal Framework, Judicial Reform Support.

Improve the Function of the Legal Aid Service

PROLoG supports the state-funded Legal Aid Service (LAS) by conducting a survey with the help of the Caucasus Research Resource Center (CRRC) to support LAS to identify the social guarantees and needs of LAS lawyers. CRRC will analyze the social guarantees, health insurance, salary and bonus of other legal professionals in public entities as well as LEPLs. CRRC, in cooperation with LAS, prepared a draft letter that was sent to institutions that perform similar tasks, including the courts and investigative units of the Prosecutor’s Office and the Ministry of Finance.

On April 19-20, PROLoG organized a second round of training for LAS bureau chiefs, consultants and managers on effective communication and conflict resolution. The training was attended by 20 lawyers representing different regions of Georgia. During the two-day workshop the participants were introduced to the importance of having good communication skills for workplace success. The communication expert overviewed different methods of effectively using communication channels, talked about conflict resolving tools and how to use them effectively, and other related issues.

On June 30-July 1, PROLoG organized a training for 28 LAS lawyers representing East Georgia on involuntary psychiatric assistance. The training of LAS lawyers on these issues was recommended by the Public Defender’s Office in 2017. The topics covered during the trainings were: international and Georgian legislation on psychiatric assistance; psychiatric deficiencies and its forms; method of interrogation of doctor psychiatrist; patient’s rights and placement in psychiatric institution; and European Court of Human Rights decisions. The training was conducted by Tamar Khazhomia, judge of Tbilisi City Court’s Administrative Collegium, and two expert psychiatrists, Manana Eliashvili and Nana Zavradashvili. The training was very interactive and the participants had an opportunity to engage in active discussions with the experts.

Support Institutional development of Georgian Bar Association (GBA)

See reporting under the Sub-purpose 3, Enhance Capacity of Legal Professionals.

Civil Society Capacity to Raise Awareness, Monitor and Provide Justice System Oversight

High Council of Justice Monitoring (GYLA and TI)

On June 28, Georgian Young Lawyers Association (GYLA) and Transparency International Georgia (TI-G) presented their sixth joint report on monitoring the HCOJ, which covered 2017. The report highlighted the persistent problems of transparency and accountability of the Council’s work, including judicial appointment, promotion and discipline. The two watchdogs also maintain that the judicial system continues to be dominated by a group of highly placed judges, which the “three waves” of judicial reform implemented to date have

18 failed to reign in. This, they believe, causes the suppression of dissent in the system and marginalization or elimination of independent-minded judges and officials.

The presentation attracted an unprecedented number of judicial representatives. In addition to Chief Justice Nino Gvenetadze, who made opening remarks at the event, Secretary of the HCOJ Giorgi Mikautadze attended and spoke, along with approximately 25 other members of the Council (both judge and non-judge) and judges of Tbilisi City and Appeals Courts. The judicial representatives were somewhat receptive of the critique and offered the watchdogs the possibility of an even more detailed discussion of their findings. This gives hope for a constructive engagement between the judiciary and civil society that would benefit the advancement of judicial independence and integrity in Georgia.

Court Monitoring (GYLA)

During the previous quarter GYLA finalized its year-long monitoring of Tbilisi, Kutaisi, Batumi, Gori and Telavi City/District Courts and Tbilisi and Kutaisi Courts of Appeals. This quarter GYLA drafted a report of the findings for the year of monitoring (February 2017 to February 2018). GYLA attended 2144 hearings in total and found that much of their critique of the previous 11 monitoring reports still stands. For example, imprisonment and bail are still overwhelmingly used as preventive measures and a sizable portion of these measures are not sufficiently substantiated. However, when it came to cases of domestic violence, GYLA found that the courts were often unreasonably lenient in preventive measure decisions, potentially risking the well-being of the victims. GYLA will present the monitoring report next quarter.

Monitoring and Evaluation (M & E) Indicator Results

Indicator 2.1.7: Number of training programs and other events held designed to strengthen the management and sustainability of justice sector institutions, as well as coordination among them.

Year 4 Target: 10 Results for quarter: 7 (Workshop of Judicial Examination Experts on Test Validation with NAEC (June); Training of LAS bureau chiefs, consultants and managers on effective communication and conflict resolution, April 19-20; Training for LAS lawyers on involuntary psychiatric assistance, June 30-July 1; James Moliterno meeting with full composition of the Ethics Commission and Disciplinary Collegium of the Supreme Court, May 1; GBA Ethics Commission training by James Moliterno May 4-5; Judicial Exchange to New York and Washington, DC (April 2018); Judicial Exchange to National Judicial College (June 2018)).

B. Key Issues and Challenges

The state-funded Legal Aid Service faces challenges in effectively implementing an appraisal system. The key challenge is the readiness of LAS lawyers to accept the new system. In addition, the newly elected LAS board members should be proactive and support LAS in the development and implementation of reforms.

C. Plans for next quarter

The following activities are expected during the next reporting period:  LAS Council retreat;

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 LAS Training on important civil matters;  Law on Advocates Working Group meeting;  Training on involuntary psychiatric assistance for LAS lawyers for West Georgia;  Training for LAS lawyers on crime provocation;  GYLA will release the court monitoring report for February 2017-March 2018.

SUB-PURPOSE 3: ENHANCE CAPACITY OF LEGAL PROFESSIONALS

A. Significant Results, Accomplishments, Activities

Enhance Professional Skills Training

Legal Research, Analysis and Writing

PROLoG supports activities aimed at improving teaching methodology at Georgian law schools., Namely, Free University works on developing teaching materials and relevant teaching methodology for the law schools’ “Introduction to Law” course. The purpose of this activity is to determine the human rights and skills components that are commonly included in introduction to law courses and develop model lesson plans and teaching resources so that law school professors are able to teach these components interactively to first-year law students. In previous months Free University conducted several professor workshops, identified common topics and started drafting them, but due to authorization processes in Georgian law schools was not able to finalize the project. Meanwhile Free University’s grant expired in February, and during the reporting period PROLoG was engaged in the process of issuing a targeted grant to Free University which commenced in June. Thus, finalization of the course was shifted to the next reporting period. During Summer 2018, draft lectures for the “Introduction to Law” course will be shared with Prof. Rory Bahadur from Washburn University School of Law (WUSL), who will advise on the methodology to be applied throughout the model sessions, and in September a professor workshop will be conducted to share the finalized course content and methodology with interested law schools.

For many years PROLoG has supported cooperation between FreeUni and WUSL on the development of amicus briefs for submission to the Constitutional Court. This year as well, both universities worked on two amicus briefs to be submitted to the Court. The first case concerns the principle of non-discrimination in funding of religious organizations for compensation of damages caused by the Soviet regime, while the second case contests restriction of access to court judgments on the basis of personal data protection which allegedly violates Article 41 of Georgian Constitution (freedom of information). During the reporting period the universities conducted research and drafted the briefs, which will be submitted to the Constitutional Court in July and accompanied by public discussions of these issues.

Free University also worked on publication of the Regulatory Impact Assessment (RIA) Guidebook for NGO representatives. During the previous reporting periods, Free University conducted two trainings for NGO representatives and drafted the comprehensive Guidebook, which includes a model RIA on the draft Law on an Independent Investigation Mechanism. The Guidebook is presently undergoing stylistic edits and will be ready for publication in the next reporting period. Once available, the Guidebook will serve NGOs as a tool for legislative advocacy. In addition, FreeUni has included the materials used for the Guidebook in its elective course on legislative drafting for Bachelor’s Degree law students.

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Moot Courts/Mock Trials

During the reporting period PROLoG supported two student moot court competitions. On June 23-24, Free University organized the National Trial Advocacy Competition for students. This was the seventh year the competition has been held in Georgia. The competition uses a mock trial format, which allows students to play the roles of prosecutor and defense attorney in a hypothetical criminal trial and helps students learn the art of case preparation and courtroom advocacy. This year teams from Georgian National University, Tbilisi Open University, Free University, Sulkhan-Saba Orbeliani Teaching University, Technical University of Georgia, Ilia State University, and two regional universities, Akaki Tsereteli State University (Kutaisi) and Batumi Shota Rustaveli State University, competed for the title of national champion. The competition was judged by representatives from the Prosecutor’s Office of Georgia, practicing lawyers, and judges from the Tbilisi City Court. The teams from Georgian Technical University and Ilia State University competed against each other in the finals, with the team from Georgian Technical University being declared national champion. The award ceremony was attended by U.S. Mission to Georgia Chargé d’Affaires Elizabeth Rood, Deputy Chairperson of the Supreme Court Vasil Roinishvili and others, who congratulated winning teams and encouraged students to participate in similar activities.

This was also the second year that PROLoG supported the participation of Georgian students in the Hugo Sinzheimer Moot Court Competition (HS MCC), which is an initiative by five labor law academics, including Georgian professor Zakaria Shvelidze. The aim of the HS MCC is to deepen and improve the knowledge of employment and labor law at the European level. It offers an opportunity for the students to experience the operation of European labor law in as realistic a setting as possible. This year for the first time, the PROLoG-supported Ilia University Human Rights Chair organized a competition to select students for the Georgian national team. Three Ilia University Master's Degree students as well as one student from the University of Georgia were selected for the team. On June 15-17, the third HS MCC was held in Cassino, Italy. Twelve teams from the European Union participated in the competition, with Georgia the only team from outside the EU. The competition was judged by renowned professors from different European universities, lawyers and judges from the Netherlands and Austria, as well as Dr. Jean Michel Servais, former president of International Labor Organization, and Dr. Silvana Sciarra, judge of the Constitutional Court of Italy. After successful wins against teams of Lithuania and France, Georgia defeated the Polish team in the semi-finals and advanced to the finals. The Georgian team won the competition by defeating Germany in the finals.

Legal Ethics Chair

During the reporting period, the PROLoG-supported Legal Ethics Chair at New Vision University (NVU) organized Georgia’s first academic conference on legal ethics. Laura Berger, Acting Director of USAID’s Democracy, Governance and Social Development Office, and David Kereselidze, Head of the Academic Council at NVU, made opening remarks at the conference. PROLoG’s invited expert, Professor James Moliterno from Washington & Lee School of Law (U.S.), spoke on the professional responsibilities of lawyers and expression standards for social media. Legal experts, judges, notaries, professors and Georgian Bar Association Ethics Commission members made interesting presentations on various legal ethics issues. The conference was widely attended by lawyers, law professors and students. Current issues and challenges related to legal ethics in Georgia were discussed, raising the awareness of Georgia’s legal community.

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The Legal Ethics Chair also organized one public lecture on “Publicity of Ethics Commission’s Decisions in the Context of Personal Data Protection.” Protection of personal data in the decisions of the Georgian Bar Association’s Legal Ethics Commission has been an active issue for the past two years. The speakers discussed the Legal Ethics Code, the personal data protection law, and relevant court decisions. Ms. Chachava also talked about the decision of the European Court of Justice in a case involving Google. The public lecture was attended by lawyers, students and legal experts.

NVU has adopted a semester-long course on legal ethics for Bachelor Degree students. The course covers lawyers’ ethics, judicial ethics, arbitrators’ ethics and mediators’ ethics. The methods used throughout the course involve a mix of lectures, individual exercises and small group activities, as well as case briefs and discussions. The following materials have been developed and assembled for the course: syllabus, case-based exercises, background reading, and actual domestic and international cases. James Moliterno, PROLoG’s expert, was involved in the development of the course syllabus. In total, 18 Bachelor Degree students benefited from the classes. The final exam, a process simulation, was held on June 28.

In this reporting period the Legal Ethics Chair also completed an article on “Conflict of Interest, its Avoidance and Effective Mechanisms.” The Chair is also writing two other articles (Applicability of Georgian Attorney-Client Privilege Rules to Foreign-Licensed Attorneys, and Lawyers’ Fees); one will be published next quarter and the other in Fall 2018. The Chair engaged students working at the NVU Legal Aid Clinic in the process of research and writing. Students’ articles and research papers will be published on NVU’s legal ethics online platform by the end of the year.

During the reporting period the NVU Legal Aid Office hired new interns to systematize the decisions of the GBA Ethics Commission (EC) and establish a search mechanism for them. The process of systematization of the EC decisions has begun, and the Legal Ethics Chair and students present and discuss selected EC decisions every week.

Support Human Rights and Gender Scholarship

Human Rights Chair

PROLoG continues supporting Ilia State University to establish a live client Human Rights Clinic where students will have opportunity to work on real human rights cases under the mentorship of PROLoG’s Human Rights Chair and a clinical lawyer.

Ilia University Human Rights Chair, together with the Dean of the law school and the head of the quality assurance department, finalized all internal policy documents for the human rights clinic, including the clinic’s charter. The Human Rights Chair worked together with PROLoG’s expert Professor Bridget Arimond (Northwestern University) during her June visit to Georgia and amended clinic’s management documents according to her recommendations. On June 12, the Human Rights Chair hosted a training by Professor Arimond on “Legal Clinic – Learning and Cooperation.” Professor Arimond discussed the main goals, role and importance of establishing a university legal clinic, cooperation with other clinics, involving NGOs in these activities, and rules of confidentiality.

The Human Rights Chair also organized a series of public awareness raising activities. On April 4, Ilia State University School of Law, in cooperation with PROLoG, held a public lecture on “Judicial Ex-Parte Communications Law and Policies: The Challenge of 21st Century Technologies” with Judge Allyson K. Duncan of the U.S. Court of Appeals for the

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Fourth Circuit. Judge Duncan discussed ex-parte communications law and policies in the U.S., which was followed by a lively discussion with practicing lawyers, professors and law students. On May 3, the Human Rights Chair and GYLA held a joint public discussion “Does the Code of Administrative Offenses of Georgia Violate Human Rights?” The speakers discussed two major lawsuits submitted by GYLA to the Constitutional Court: Katamadze, Mzhavanadze and Malazonia v. Parliament of Georgia and Peradze and Guruli v. Parliament of Georgia. The event sparked a lively discussion on freedom of speech and abuse of force by the police.

On May 25, the Human Rights Chair held another public lecture “Religious Morality vs. Law and Literature” with Levan Berdzenishvili, Ilia State University professor, writer and translator. Tamar Gurchiani, the Human Rights Chair holder, moderated the public discussion. Levan Berdzenishvili analyzed great literary texts such as the Epic of Gilgamesh, myths of Prometheus, Homer's Iliad, and the Odyssey, and discussed the conflict between freedom of expression and religious morality. On June 16, the Human Rights Chair hosted the public lecture/discussion “Drug Policy and Human Rights - American Approach and Challenges in Georgia” with U.S. Professor Bridget Arimond and David Subeliani, civic activist from the White Noise Movement. Professor Arimond discussed drug policy in the U.S. and whether drug addiction should be addressed by the criminal justice model or the public health model. David Subeliani discussed drug policy and practice in Georgia, as well as global challenges and approaches to this issue.

National Institute for Human Rights

Free University’s grant expired on February 28, and during the reporting period PROLoG was engaged in issuing a targeted grant to Free University to further support the National Institute for Human Rights (NIHR) research and teaching of human rights through a series of research papers, moot courts and public outreach activities; that grant commenced in June. In the reporting period, NIHR started preparation for two major human rights events: the Annual Human Rights Academic Conference and the Human Rights Summer School for students. The Summer School will be held in September in cooperation with the Constitutional Court of Georgia, and the topic will be the Principle of Proportionality in Equality Jurisprudence. NIHR is working on the agenda and the speakers for the summer school, and the selection of the participants will be finalized in July. NIHR also plans to conduct the third Annual Human Rights Academic Conference in November, which will be dedicated to 100th Anniversary of the First Republic of Georgia. Moreover, NIHR continues to work on a research paper: the Right to Privacy in a Comparative Perspective. FreeUni professors have almost finalized the draft of the research, which will be shared for feedback at a professor workshop in July. The purpose of the workshop is to create a forum for the exchange of opinions on the research and identify gaps within the Georgian perspective. The discussion results will be included into the research, which will be finalized by September.

Publication of the Civil Code Commentary

PROLoG, in cooperation with GIZ, prepared for printing the second volume of the Civil Code Commentary, which covers property law-related issues (Articles 147-312). During this quarter, PROLoG started the layout and printing of 1000 copies of the book. PROLoG intends to organize a public presentation of the book on July 20. Speakers at the event will include Nino Gvenetadze, Chief Justice of the Supreme Court, Professor Lado Chanturia, Editor of the Commentary, who serves as a judge to the European Court of Human Rights in respect to Georgia, and representatives of USAID/PROLoG and GIZ. Representatives of the judiciary and the MOJ will also be invited. 200 free copies of the Commentary will be

23 distributed among the participants. To ensure the sustainability of the Civil Code Commentary project, PROLoG, in cooperation with GIZ, agreed to transfer the remaining four volumes of the Commentary to an academic institution via open tender for management and finalization. It is expected that the tender will be announced during the next reporting period.

Support HSOJ/Courts Training in Human Rights for Judges and Judicial Personnel

PROLoG’s work-plan for 2017-2018 includes revision of the basic course on human rights for judges. PROLoG proposed to the High School of Justice (HSOJ) to update the existing course and divide it into two separate courses, one for civil/administrative law judges and one for criminal law chamber judges. During the reporting period, PROLoG hired two human rights experts, Levan Meskhoradze and Konstantine Korkelia, who will develop the course for civil/administrative law judges and train future judge-trainers in the delivery of this course. HSOJ selected two judges who will serve as future trainers for this course, Tbilisi Appellate Court judges Tamar Alania and Giorgi Tkavadze. In the next quarter the HSOJ judge-trainers will undergo training of trainers (ToT), where PROLoG-hired experts will discuss with them course content, agenda, training materials and teaching methodologies. After the ToT, judge-trainers will conduct pilot training for judges on their own, with PROLoG’s experts monitoring the process and giving feedback and suggesting improvements for the course.

PROLoG continues to work with judicial assistants to increase their capacities and knowledge of human rights. During the reporting period PROLoG implemented the human rights program for judicial assistants that was successfully piloted in 2017 at Tbilisi City Court. The program involves intensive training covering both basic and practical aspects of human rights relevant to practice in Georgian courts, as well as a hands-on mentoring component involving actual cases. Human rights experts Besarion Bokhashvili and Konstantine Korkelia, as well as former deputy chairman of the Constitutional Court Konstantine Vardzelashvili, conducted trainings in human rights and constitutional law issues for the judicial assistants of Tbilisi and Kutaisi Appellate courts. A total of five trainings were conducted between April and June. The trainings covered the underlying principles of human rights law, jurisprudence of international human rights institutions and its impact on domestic practice, as well as the case law of the European Court of Human Rights regarding particular rights enshrined in the European Convention on Human Rights. They also covered the Constitutional Court's primary areas of practice and focused on requests by the common courts for an opinion from the Constitutional Court. The program was implemented in partnership with the EU4Justice Judiciary Support program and covered 45 judicial assistants from the appellate courts and Kutaisi City Court.

PROLoG, in partnership with other donor organizations (EU4Justice, CoE, UNICEF, OHCHR), started preparation for the 2018 Judicial Summer School, which is a continuation of a successful practice adopted in a form of a Judicial Winter School. The Summer School will be conducted from July 28-August 2, and is a one-week intensive course offering an innovative and diverse curriculum tailored to meet the needs of judicial assistants in their daily work. It is supported by the HCOJ, as well as Supreme Court and the HSOJ. Topics to be covered during the Summer School include: prohibition of discrimination, freedom of expression, case law on Article 6 of the European Convention on Human Rights, rights of the child, restorative justice and mediation. In addition, there will be practical sessions on legal writing and judicial reasoning, among others. During the reporting period, the organizing committee of the Summer School worked on the agenda and speakers for the Summer School, and conducted the selection of participants.

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Company Law Course for Judges

PROLoG, in cooperation with the HSOJ and GIZ, organized three trainings on “Corporate Law and Governance in Georgia and the EU” for 15 judges from various courts in Georgia in April, May and June 2018. The course was developed with the support of international and local experts retained by PROLoG and GIZ last year, and then piloted with a team of judge- trainers. This round of trainings was conducted independently by Ketevan Meskhishvili, a judge-trainer. The participants received copies of the draft Law on Entrepreneurs and the Regulatory Impact Assessment Report on the draft Law, which were officially presented to the public on May 2. PROLoG intends to continue its support to the HSOJ for this course, and will have judge-trainers provide the company law course trainings for court staff.

Judicial Exchange and Mentoring

In mid-December 2017, PROLoG received additional funds from USAID to further strengthen the professional capacity of individual civil and administrative judges in Georgia to work effectively, efficiently, and provide additional opportunities to acquire skills in such areas as leadership, change management, court management, judicial ethics and discipline, protection of human rights, gender awareness. During the previous quarter PROLoG prepared for these new and diverse activities. The present reporting period was the first quarter in which PROLoG’s new expanded judicial exchange activities took place.

From April 1-6, PROLoG hosted its first visit of a high-level U.S. judge to Georgia, a visit by Judge Allyson K. Duncan of the U.S. Fourth Circuit Court of Appeals. Judge Duncan is the first African-American woman to sit on the Fourth Circuit, was the first African-American to serve as President of the North Carolina Bar Association, and is the current Chair of the International Judicial Relations Committee of the United States Judicial Conference. She is also the immediate past President of the Federal Judges Association, and in that role was a member of the International Association of Judges. Among her activities while in Georgia, Judge Duncan had high-level meetings with parliamentarians and ministers whose work relates to the judiciary, met with first instance, appellate and Supreme Court judges, and conducted public events and trainings for judges, law professors and law students. Judge Duncan was also interviewed by Georgian media, and a Facebook post with a quote by Judge Duncan on the public’s right to criticize the judiciary had a reach of over 15,000.

PROLoG also brought its first group of Georgian judges to New York and Washington, DC from April 14-27. The eight first instance judges, who came from across Georgia and included both court chairs and trial court judges, learned how U.S. courts and judges deal with heavy caseloads, case assignments, case management and judicial ethics, as well as many other topics. While in New York, the judges met with court leadership and administrators at the New York state courts and learned about case management, case processing, dispute resolution, and judicial education. The judges also met with U.S. federal court judges and administrators, the chair of the New York State Judicial Institute (New York’s judicial training institution), and representatives of the American Bar Association and Bar Association of the City of New York. The judges also observed court proceedings while in New York, learned about how cases are assigned under both the federal and state case management systems, and toured court buildings. In addition, the judges learned about judicial independence from a sitting judge when they visited Fordham Law School. They also visited the Center for Court Innovation, which is working to simplify the processing of minor offenses. While in Washington, DC, the judges visited the Federal Judicial Center, where they learned about the operation of the U.S. federal judicial system and the education of

25 federal judges. They also visited the Administrative Office of the U.S. federal courts, met with Lexis-Nexis representatives, and visited both the U.S. Supreme Court and U.S. Capitol Building. None of the judges had been to the United States before, and the experience was extremely informative on both a professional and personal level.

PROLoG also arranged for four Georgian judges from Tbilisi and Gori City Courts to attend a course on “Leadership for Judges” at the National Judicial College in Reno, Nevada from June 4-7. The Georgian judge participants all have high-level English abilities and took the course together with U.S. judges. The four-day course focused on the theory and practice of effective leadership, effective communication skills and team work, as well as leading change and transformation. The Georgian judges participated in group work together with their U.S. colleagues and also delivered a presentation on their initiative to create an advisory board for judges. The judges also visited courts in Reno and met with their judicial counterparts.

In addition, PROLoG conducted a number of activities to ensure that judges participating in exchange opportunities share their experiences and lessons learned with their fellow judges so as to multiply the impact of the study tours. For example, with participants of the April study tour, PROLoG facilitated a large presentation to the judges at Tbilisi City Court by the four Tbilisi judges in that exchange. PROLoG also traveled to Poti and Kutaisi to participate in information sharing activities that built upon the presentations already conducted by those participants. In addition, PROLoG ensured that the judges from Gurjaani and Akhaltsikhe conducted knowledge-sharing sessions for the judges in their courts, and in July PROLoG will travel to Gurjaani for a follow-up presentation. PROLoG also formed an alumni group for judicial exchange participants so that the exchange alumni can coordinate their information sharing efforts and plan future activities. A group meeting of the alumni association was held on June 22, with 10 of the 12 alumni judges, including many from the regions, in attendance.

PROLoG is currently organizing additional judicial exchanges between Georgia and the U.S. This includes additional study visits for Georgian judges, intensive placements of Georgian judges in U.S. courts, and multi-week placements of U.S. judges in Georgian courts. During the upcoming quarter, PROLoG anticipates sending eight Georgian appellate judges and one appellate judicial assistant on a study tour to Washington, DC and San Francisco, California. PROLoG also anticipates sending nine Georgian Supreme Court justices on a study tour to New York and Washington, DC that will include a visit to the U.S. Supreme Court. In addition, PROLoG will send two Georgian first instance judges on intensive placements in U.S. courts, and bring two experienced U.S. judges to Georgia for two-week placements during which they will advise and mentor Georgian civil and administrative judges. PROLoG will also initiate an Alumni Support Program that encourages judicial exchange alumni to share knowledge gained and lessons learned during exchange visits, promote best practices from the U.S. judicial system, and work towards incorporating those best practices into the Georgian judicial system.

Support GBA Training in Human Rights as a Part of the Continuing Legal Education for Lawyers

PROLoG is continuing to support GBA to develop model courses on human rights-related subjects. In May-June, more than 30 carefully selected GBA trainers were trained on four different topics. The ToT workshops supported by PROLoG covered: a) case law of the European Court of Human Rights concerning Georgia (civil and administrative), b) case law of the European Court of Human Rights concerning Georgia (criminal) c) role of the fair trial in protection of property rights, and d) persuasive legal writing. All courses were designed in

26 an interactive way. As a result of the ToT workshops, GBA has built a pool of qualified trainers able to teach the courses to their colleagues. The topics for the modules were chosen based on a survey of GBA member lawyers.

Prior to the training, PROLoG hired Georgian legal experts Giga Batlidze, Maka Nutsubidze and Levan Meskhoradze to develop model courses on the above topics. The workshops involved a mixture of individual exercises and small group activities. The participant trainers- to-be were assigned to prepare presentations, which were evaluated by the experts after the workshops. Starting in July, GBA will start delivering the abovementioned Continuing Legal Education courses to its members.

During the reporting period GBA organized seven trainings on PROLoG-supported human rights course modules on: a) anti-discrimination law b) plea bargaining and human rights c) fair trial and access to justice in administrative proceedings; and d) legal writing for practicing lawyers. 142 GBA member lawyers were trained from Tbilisi and Kutaisi.

Institutional Strengthening of GBA

Taking into account the developments that took place during the GBA elections in December 2017, and until answers to questions about the election process are fully provided, USAID and PROLoG decided in January 2018 to limit direct technical assistance to the GBA to activities where the beneficiaries are current or future lawyers and where the activities relate to the training of GBA members, internship system or bar examination reform. PROLoG suspended portions of the grant to GBA that relate to capacity building assistance and bench- bar meetings, but extended the grant until the end of November 2018. PROLoG considers GBA a key institution to ensure rule of law in Georgia and has supported the organization in the establishment of high standards for the legal profession, which includes reform of the bar examination, well-structured internship system, continuing education, and an enforceable Code of Ethics.

Supporting Advancement of Law on Advocates

On May 4, a package of important amendments to Georgia’s Law on Advocates passed its third hearing vote in the Georgian Parliament and became law. The amendments – made possible through active cooperation between the Legal Affairs Committee of the Parliament, the GBA and PROLoG – will facilitate the institutional strengthening of the GBA. PROLoG and its predecessor project (JILEP) have actively worked on these amendments since 2012. Under the amendments:  Higher standards for regulating advocates’ activity were established.  Standards for entering the legal profession were improved. Under the amendments, a Georgian citizen who has passed the qualification exams for advocates and completed a one-year professional preparation program may become an advocate. However, persons who have at least three years of experience as a judge of the Constitutional Court of Georgia, a judge of common courts of Georgia, and/or a prosecutor are only be required to complete the three-month theoretical component of the one-year professional preparation program before becoming a lawyer.  The term of the chairman of the Ethics Commission was reduced from four to two years, and he/she can now be re-elected only twice. Six alternate members will be elected together with the members of the Ethics Commission, enabling the Commission to continue its activities without interruption if one of the members leaves the Commission.

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 The functions of the Ethics Commission were increased in that its members were given the authority to request information on the basis of motions submitted by the parties. The Ethics Commission also now must reason its decisions and provide its decisions to the parties.  The procedures for appealing a disciplinary sanction and the procedures for considering such an appeal at the Disciplinary Panel of the Supreme Court of Georgia were improved.  Standards were established for calculating the time in which someone who passes the qualification exams for advocates has to become a lawyer, and the time period for becoming a lawyer was increased.

Strengthening Ethics Commission

PROLoG decided to bring U.S. professional expert James Moliterno to help the GBA Ethics Commission clarify the Commission’s problems and restore its organizational reputation, and to help Commission resolve issues that will help the GBA better sever the interest of its members. Mr. Moliterno visited Tbilisi from April 30 to May 6. During this period several activities were planned with the GBA and Ethics Commission.

On May 1, Mr. Moliterno met with the full composition of the Ethics Commission and the Disciplinary Collegium of the Supreme Court. The proportionality of sanctions was one of the issues discussed, due to the Supreme Court’s approach that the Ethics Commission exists to satisfy the private interests of complaining parties and ignoring the actual mission of the Commission to protect the public. Likewise, the Supreme Court judges have difficulties understanding that the Ethics Commission is a quasi-judicial body. They believe that the Commission should engage in negotiations with the charged lawyer, dismissing complaints if the charged lawyer restores losses to an aggrieved client. At the end of the meeting, Mr. Moliterno explained the public interest nature of the Ethics Commission mission, speaking of the Commission’s mission of building public trust in the legal profession and thereby the justice system. He also explained the difficulties of the proportionality of sanctions because there are so many appropriate factors to consider, and encouraged both the Commission and the Supreme Court to more thoroughly explain their reasoning in decisions so that the sanction level will be better reasoned.

A Commission retreat was held on May 4-5, and was dedicated to issues identified by the new composition of the Ethics Commission and its staff lawyers. The issues included: 1. Reform of the Ethics Commission so as to separate the court and investigative functions 2. Proportionality of sanctions and the rule of imposition of sanctions 3. Standard of proof: what should be the standard of disciplining of a lawyer 4. Type of claims that can be directed for mediation 5. Role of the Ethics Commission in strengthening the legal profession and improvement of ethical standards; the capacity of the Commission to react to ethical violations witnessed in social media, TV, daily work and life Mediation is authorized by the Law on Advocates but has not previously been used by the Executive Board. The major misunderstanding here is that if a complaining client is satisfied through mediation with the lawyer, there is no need for an Ethics Commission proceeding. Excessive use of mediation would deprive the Ethics Commission of its opportunity to create a body of decisions and also deprive the public of protection from lawyers who pose a risk. Mr. Moliterno quoted from the American Bar Association lawyer mediation standards and

28 reports, which make clear that some issues are appropriate for mediation and some are not. The expert specified that mediation should not be used in matters where lawyer discipline is appropriate, and that mediation should never control the continued pursuit of a disciplinary procedure. The possible creation of an Ethics Commission “Investigator” role produced a very strong discussion. Mr. Moliterno spoke about the importance of defining the role and risks related to such a position, because it would empower a single person to screen complaints to the Ethics Commission and it is always easier to corrupt one person than three or fifteen. Until the role of an Investigator is clearly understood, the creation of such a position is risky. In the end, the conclusions reached involved encouraging more detailed explanations and reasoning regarding sanctions, so that they are brought to the same excellent level that has been reached regarding the explanations of violation in Ethics Commission decisions.

Support Bar Examination System Development

On June 2, 3, 9, 10, 16 and 17, bar exams organized by GBA were held at Tbilisi Free University. In total, 1015 applicants were registered for the exams, out of which 843 applicants took the exams. 245 applicants (29%) passed the exams successfully, out of which 156 applicants are women and 89 male. The video instruction previously developed with PROLoG’s assistance was provided during the exam.

PROLoG provided the GBA test writers with translation of PROLoG expert Jean Gaskil’s bar exam-related documents. This will help the bar exam test authors to draft guidelines on the development of analytical questions.

Clinical Law Program in Lawyers Professional Ethics

On May 2, Mr. Moliterno met with 20 very engaged students from the clinic associated with the Ethics Commission, together with their instructor Tamar Khubuluri, a lawyer at the Ethics Commission. The students were interested in discussing confidentiality issues, fee issues including fee sharing and referral fees, and lawyers’ public criticism of fellow lawyers and judges. They were especially active in the confidentiality discussion. Mr. Moliterno did a small role play to demonstrate the onset of the duty of confidentiality, and also had the students interview each other based on stories preliminary distributed to “clients,” their classmates.

The Spring 2018 session of the nine-week Professional Legal Ethics clinical program was completed in June, and a moot Ethics Commission hearing was organized by the students to summarize the knowledge received during the course. The closing meeting of the clinical program was held on June 27 at the GBA office, and each student was awarded a certificate of completion. Chairman of the GBA David Asatiani and PROLoG Chief of Party Giorgi Chkheidze addressed the students and underlined the importance of the program and role of clinical program in the improvement of advocacy skills.

On June 28, an informational meeting was held with the Sulkhan-Saba Orbeliani University to discuss the terms of cooperation with the Ethics Commission clinical program. As a result of the meeting, students who participate in the clinical program will receive more credits and the number of students will increase in future.

Supporting Professional Associations - Association of Law Firms in Georgia (ALFG)

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On April 24, ALFG presented its final documents drafted through PROLoG’s grant support: Corporate Ethical Rules for lawyers and a document on the organizational legal form of law firms in Georgia. The Corporate Ethical Rules provides an overview and recommendations to be followed by law firms related to: confidentiality issues within law firms where the non- lawyers are employed, ethical obligations of intern lawyers in the law firm; boundaries of dissemination of confidential information within a law firm; transfer of a lawyer/non-lawyer to another law firm; and use third persons for the processing of confidential information during the delivery of legal services. The document on organizational legal form of law firms determines the standard managerial functions in law firms, as well as mechanisms of work so law firms avoid conflicts of interests. In addition, ALFG provided proposals for amendments to the Code of Ethics for Lawyers to improve the confidentiality obligations.

On May 3, ALFG met with the PROLoG ethics expert James Moliterno. ALFG developed a proposed Code of Conduct, which would be voluntary for now and that members would pledge to abide by. Mr. Moliterno responded to questions about the wisdom of various provisions in the Code of Conduct and their drafting/language choices. Discussions were held about the fact that non-lawyers may be owners of legal service delivery/law firms in Georgia. Although the expert expressed general support for such arrangements, which exist in the UK and Australia, the group agreed that it is dangerous for such arrangements to exist as they do in Georgia, with no means of regulating the conduct of the non-lawyer owners. Mr. Moliterno promised to send some materials on the systems for such regulation that exist in the UK and Australia, as well as developments in Europe regarding multidisciplinary practice.

Monitoring and Evaluation (M & E) Indicator Results

Sub-Purpose 3: Skills and Knowledge of Legal Professionals Enhanced

3.1.1. Number of law students, lawyers, judges, and court personnel benefitting from improved teaching facilities and curricula supported by the USG (F Indicator).

Quarter: 269 (106 Male and 163 Female) Year 4 Target: 1100 LOP Target: 4,000

Students trained: 44 (18 Male; 26 Female) Lawyers trained: 148 (73 Male; 75 Female) Judges trained: 27 (10 Male; 17 Female) Court Personnel trained: 50 (5 Male; 45 Female)

B. Key Issues and Challenges

PROLoG is working with Free University to implement adequate cross-training and a better communication strategy to help new grant managers avoid the negative consequences of staff turnover, which is a result of substantial transitions at Free Uni that have occurred since the death of its founder and main benefactor in 2014. PROLoG, in coordination with USAID, will further engage with the respective representatives of the partner law school to ensure improved continuity and cooperation.

The HSOJ has been unusually slow in responding to PROLoG’s offers related to new CLE courses. The reasons might be member turnover inside the “Independent Board,” as well as HSOJ’s limited human capacities.

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Taking into account the developments that took place during the GBA elections in December 2017, and until the answers to the questions regarding the election process are fully provided, USAID and PROLoG decided in January 2018 to limit direct technical assistance to the GBA to activities where the beneficiaries are current or future lawyers and where the activities will ensure the training of GBA members, development of the internship system, or bar examination reform.

It will be a challenge to find a sufficient number of judges with sufficiently high-level English to participate in all of the envisioned English-language judicial exchange activities. Although the National Judicial College (NJC) and intensive placement opportunities were well-advertised, and although there was a relatively long period in which to submit applications, only 14 judges applied for those opportunities; of those, only six already had certificates or educational backgrounds demonstrating that they had the English language background to take advantage of the opportunities. Three of the candidates selected for the NJC training did not have a certificate or degree from an English language institution, and so an outside provider was retained to test their legal English. All three were certified as having a proficient English level to attend seminars and understand speakers at a conference, but observations at NJC by EWMI home office staff indicated they may not have fully benefited from the opportunity because of their English level. As a result, it may be that future exchange opportunities envisioned for English speakers will need to be modified for non- English speaking judges.

Although the judges who attended the NJC leadership training all felt the training and experience of interacting with U.S. judges worthwhile, observations by EWMI home office staff found the course content somewhat general and not directly related to how leadership and communications techniques are used in the judiciary, raising a question of how much the judges will be able to apply the knowledge gained in their work. It appears that it may not be worth sending more judges to the NJC’s course on leadership or adapting/translating the leadership course for use in Georgia.

C. Plans for Next Quarter:

The following activities are expected during the next reporting period:

 Free University will finalize the “Introduction to Law” course materials and teaching methodology;  One professor workshop will be conducted to share content of “Introduction to Law” course;  Free University will submit two amicus curiae briefs to the Constitutional Court;  RIA Guidebook will be published and disseminated among stakeholders by Free Uni;  Research on “Right to Privacy in a Comparative Perspective” will be finalized by Free Uni and one professor workshop will be conducted on the research;  One Human Rights Summer School for students will be organized by Free Uni;  2018 Judicial Summer School will be organized by Free Uni;  One ToT in Basic Human Rights Course will be conducted for HSOJ future judge- trainers;  One pilot training for judges in Basic Human Rights Course will be conducted;  Constitutional Court’s Annual Summer School will be organized;  Ilia Uni Summer School will be organized;  Ilia Uni Law School will launch its human rights and constitutional law clinic;  Ilia Uni Human Rights Chair will conduct public lecture on human rights issue;

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 GBA will conduct 15 CLE trainings on PROLoG-supported human rights courses;  New Vision University will finish and fully launch legal ethics online platform;  First legal ethics moot court competition will be organized;  Finalize preparations for eight Georgian appellate judges and one appellate judicial assistant to participate in a July 2018 study tour to Washington, DC and San Francisco, California;  Finalize preparations for sending nine Georgian Supreme Court justices on a study tour to New York and Washington, DC in September 2018;  Finalize preparations for sending two Georgian first instance judges on intensive placements in U.S. courts in September 2018;  Finalize preparations for bringing two experienced U.S. judges to Georgia for two- week placements during which they will advise and mentor Georgian civil and administrative judges;  Work with judicial exchange alumni to ensure that judges participating in exchange opportunities share their experiences and lessons learned with their fellow judges so as to multiply the impact of the study tours, including initiating an Alumni Support Program to help fund selected activities by exchange alumni to expand the impact of the judicial exchanges;  Prepare for judicial exchange opportunities during the upcoming work plan year, including the visit of a high-level U.S. judge to Georgia;  Three two-day trainings on Corporate Law and Governance and the EU for a new group of court staff will be organized at the request of the HSOJ;  GBA working meeting with the representatives of universities regarding the bar exams;  GBA workshop on test writing manual elaboration.

SUB-PURPOSE 4: IMPROVE ACCESS TO JUSTICE TO MARGINALIZED GROUPS

Grants in Support of Legal Aid and Awareness Raising

The goal of PROLoG Sub-Purpose 4 is to increase access to justice for marginalized groups, as well as to increase the knowledge of the legal rights of minorities and women among the public and legal professionals.

In the reporting period an important success was that on July 3, the Constitutional Court of Georgia granted two complaints filed by PROLoG grantees on behalf of religious associations. The Constitutional Court declared unconstitutional Tax Code Article 168 (paragraph 2, sub. b), according to which the building, restoration and painting of temples and churches ordered by the Patriarchate of the Georgian Orthodox Church (GOC) is exempted from the value-added tax (VAT). The Court also declared unconstitutional the legal provision of Law on State Property that provides only the GOC with the privilege to receive state property free of charge (Article 6(3), paragraph 1). The Court held that the disputed articles placed the GOC in a more favorable position than other religious organizations. In both cases, the interests of the plaintiffs were represented by the Tolerance and Diversity Institute (TDI) and the Tbilisi Free University Constitutional Law Clinic.

In the reporting period GYLA submitted three applications to the Constitutional Court. In addition, GYLA lodged two new applications before the European Court of Human Rights on discrimination, right to fair trail and property rights. TI Georgia’s lawyers appealed a case at the Constitutional Court concerning the norms of the Law on Public Servants.

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In the reporting period Tbilisi City Court established a new practice in a case litigated by PHR, which claimed compensation for moral damage for continuous domestic violence. The Court set a precedent, obliging the perpetrator to pay compensation of GEL 3500 for moral damage due to continuous domestic violence. The perpetrator has appealed.

TDI’s Facebook page Images of Diversity, a platform developed under the TDI awareness raising grant, features videos on minorities of Georgia. The platform has become increasingly popular, and during the last quarter gained 1,383 new page likes. To date the platform has received 147,000 views and 7578 likes. TDI was invited to submit the videos it produced in 2017 and its project Images of Diversity for the 2018 ADAMI media prize3 in two categories: web videos and web pages. This quarter TDI started production of a mini documentary video about Armenians in Georgia, prepared a video about the Catholic Church in Georgia, and a photo story about Sri Lankan students residing in Georgia. TDI also prepared three educational articles: one about the Evangelical-Baptist Church in Georgia (The Church That Women Saved); one about Azerbaijanis (What We Should Know About Azerbaijani); and one about the Evangelical-Lutheran Church.

PROLoG grantees closely worked with their constitutional law mentors, former Constitutional Court judges Ketevan Eremadze and Konstantine Vardzelashvili, on up to 10 applications to the Court. They will decide how to proceed, and several claims will be submitted in Fall 2018.

The European Human Rights Advocacy Center (EHRAC)’s mentorship of PROLoG’s legal aid grantees to strengthen the skills of lawyers to submit applications to the European Court of Human Rights and other international bodies is greatly benefiting grantees. EHRAC representatives traveled to Tbilisi in June and conducted three days’ of intensive training and legal clinics for each organization. The NGOs discussed with EHRAC cases they believe are worth submitting to different international mechanisms.

PROLoG recruited a local expert through an open call competition to assist the Gender Equality Council in drafting legislative amendments on sexual harassment. The expert drafted a package of legislative amendments that was sent for revision to relevant stakeholders by the Parliament’s Gender Equality Council.

Information on legal aid grant programs

Georgian Young Lawyers’ Association (GYLA):

During the reporting period GYLA provided 4178 consultations and 614 representations. GYLA lawyers litigated cases mostly involving domestic violence, divorce, child custody, alimony, property rights, and reimbursement of damage, with the aim to empower women victims and provide them with meaningful legal protection. GYLA conducted 17 field visits to remote areas of Georgia and provided legal consultations to vulnerable and marginalized people.

GYLA successfully finalized four cases concerning violence against women and started work on six new domestic violence cases, representing victims before administrative bodies and common courts. GYLA also assisted minority representatives in two cases to ensure access to justice. In addition, GYLA successfully finalized case against state institutions concerning

3 https://www.adamimediaprize.eu/ 33 discrimination on the grounds of disability, and applied to the Public Defender’s Office (PDO) to establish the fact of discrimination and issue a recommendation to the state institutions involved.

GYLA litigated one case of sexual harassment in the workplace before the PDO. The victim reported harassment to the employer who ignored the fact so the victim had to resign. GYLA demanded not only to establish the fact of discrimination against the employer but also demanded from the PDO to establish a violation of anti-discrimination laws by the employer due to the fact that no anti-harassment regulations were adopted by the employer. GYLA also provided legal assistance to the victim of sexual harassment allegedly committed by the former head of a local NGO.

GYLA started work on one case of hate crime, several new criminal cases concerning crimes allegedly committed by law enforcement officers, and one case of alleged ineffective investigation. GYLA also provided legal assistance to 11 persons who were arrested on May 12 during the special police operation conducted in the nightclub Bassiani.

GYLA submitted three applications to the Constitutional Court: In Gamsakhurdia v. Parliament, GYLA argues that preventing a crime victim from obtaining a copy of the criminal case file, (Criminal Procedure Code Article 57 ) is repugnant to Article 42(1) (right to fair trial), Article 42(3) (right to defense) and Article 41(1) (right to gain access to information retained in a state agency) of the Georgian Constitution.

In Student’s Solidarity and Irakli Kupradze v. Georgian Parliament, GYLA argues unequal treatment in regards to privileges affordable only for students in self-governmental union rather than other association member while challenging the constitutionality of the provision of the statute on Constitutional Court prohibiting non-registered unions from applying the Constitutional Court. The article 39 of statute on the Constitutional Court enables legal entities to lodge the complaint before the court. The article does not say anything about non- registered unions thereby depriving them their right from having access to the Constitutional Court. The restriction does not comport with the right to fair hearing before the court that is protected by the article 42 (1) of Georgian Constitution.

In the case of Irakli Shavadze v. Georgian Parliament, GYLA applied to the Constitutional Court arguing the unconstitutionality of provisions of the Law on the Common Courts that allow the HCOJ to refuse to permanently appoint a judge who has met the criterion of honesty and competence without being required to explain the rationale of its decision. GYLA argues that such an unlimited power granted to the HCOJ violates Article 29 of Georgian Constitution, which provides the right to be free from unjustified removal of public office.

During the reporting period, GYLA lodged two new applications before the European Court of Human Rights. One case is LEPL Supreme Religious Administration of Georgia's All Muslims v. LEPL State Agency on Religious Affairs, the LEPL Muslim Union of Georgia and the LEPL Administration of Georgia’s All Muslims. The applicant sought to be recognized as a member of the Representative Council of the LEPL Muslim Union of Georgia and the LEPL Administration of Georgia’s All Muslims as a result of an October 2014 agreement. Membership in the Council would enable the applicant to receive compensation based on Government Decree N117 (2014), which envisages granting compensation to religious entities for damage inflicted during the Soviet period. The case went through all the three court instances. The Appellate Court granted the applicant’s claim. However, in November 2017, the Supreme Court ruled against the applicant without giving valid legal grounds and

34 misinterpreting the applicable legislation and factual circumstances. On June 5, GYLA lodged an application to the ECtHR arguing that the Supreme Court’s decision denying the applicant the right to become a member of the Council and to provide the applicant with compensation violates the applicant’s rights under Article 6 (right to a fair trial) and Article 1 of Protocol 1 (protection of property) of the European Convention on Human Rights.

The second case is Lazarashvili v. Georgia, which concerns the refusal of the Social Service Agency (SSA) to grant compensation to Ms. Lazarashvili, the former judge of the Supreme Court of Georgia. The SSA rejected her request noting that according to the Organic Law on Common Courts, compensation was granted only to those judges of the Supreme Court whose term of office expired or who reached the retirement age. Considering the fact that her term of office was terminated based on her own application, the Agency was deprived of the possibility to satisfy her claim for compensation. In the application submitted to the ECtHR, GYLA argues that the Organic Law on Common Courts is discriminatory, as the applicant is not entitled to enjoy with the right to compensation compared to the group of judges in essentially the same situation. The application was lodged on May 9, with GYLA arguing a violation of Article 1 of Protocol 12 of the European Convention (general prohibition of discrimination).

Transparency International-Georgia (TI):

TI Georgia’s Advocacy and Legal Advice Centers (ALAC) operated in Tbilisi, Kutaisi, Zugdidi and Batumi. Between April 1 and June 30, 288 persons contacted ALAC offices. All were consulted verbally and provided with free legal advice. Of the 288 initial contacts, 115 were brought to the ALAC offices for further consultation and assessment of their documents. 65 of those cases were relevant to the scope and focus of TI’s activities and the ALAC lawyers represented those beneficiaries directly at the courts or state institutions.

The Tbilisi office successfully finalised five court cases of illegal dismissals. Kutaisi office had five successful cases, four related to the illegal dismissals and in one case TI lawyers helped beneficiaries regain property rights over their land plots. The Zugdidi office successfully finalised three cases related to property rights. The Batumi office had five successful cases, all related to the property rights. Three mobile clinics were conducted. The first field visit was made to Ozurgeti Municipality (Guria), the second mobile clinic was made to Oni Municipality (Racha), and third to Kakheti region. All three clinics related to property rights issues. TI Georgia lawyers submitted one case at the Constitutional Court. The case concerns the norms of the Law on Public Servants that regulate parental leave. According to the law, men who have children under 3 years are not entitled to the same benefits as women. The court application was launched in June 2018. The lawyers are arguing that these norms are discriminatory and should be deemed unconstitutional.

Human Rights Center (HRC):

In the reporting period, HRC offices in Tbilisi and Shida Kartli Kakheti provided 180 legal consultations and successfully finalized nine cases on domestic violence, divorce, and alimony.

HRC organized several field visits and discussions in Telavi Municipality, Lagodekhi Municipality, Tsalka and Shida Kartli. HRC involved different experts and partners in the discussions with public school students and ethnic minority representatives to discuss topics

35 such as violence against women and protection of victims of violence, as well as the rights of minority representatives under the Constitution of Georgia, international conventions and national legislation. These meetings took place in different villages of Kvemo Kartli and in Samtkhe Javakheti.

On June 29, HRC organized the roundtable “Violence against women and stalking – a review of national and international mechanisms: miscarriages and achievements” to discuss existing challenges and ways of overcoming them. Different state and non-governmental organization representatives participated in the meeting, discussing cases of stalking, domestic violence, problems that investigative bodies still face, and presenting their experience and practice.

Two cases went through the preliminary hearing at the Constitutional Court. One application is related to Article 10, Part I of the Law on the Elimination of Domestic Violence, Protection and Support of Victims of Domestic Violence, which states that the authorized body “may” issue a restraining or protective order as a temporary measure. HRC believes that the Law should clearly obligate a police officer to issue a restraining order if domestic violence is a concern. Another application concerns the establishment of effective mechanisms to combat violence against women, appealing Article 10 of the Law on the Violence against Women and Domestic Violence in relation to Article 15 (right to life) and Article 20 (right to personal and family life) of the Constitution of Georgia.

Georgian Trade Union Confederation (GTUC):

GTUC’s Tbilisi office provided consultations to 186 women and its Batumi office provided consultations to 46 women. The consultations related to pre-contractual relations, prohibition of discrimination, occupational safety and health standards, term and form of the labor contract, termination of labor relations, equal pay for equal work, length of maternity leave, rule and amount of reimbursement, length and rule of sick leave, work time, overtime work, etc. GTUC lawyers provided 43 representations before the common courts.

GTUC conducted six trainings in Telavi, Kutaisi, Tbilisi, Borjomi, Batumi and Poti on national and international standards, mechanisms and practice on labor rights of women. GTUC currently has pending cases on the violations of women’s labor rights and gender discrimination. The complaints in two cases were submitted to the Supreme Court, and GTUC lawyers are waiting for the final decision.

GTUC lawyers took two new cases on violation of women’s rights and gender-based discrimination and submitted claims to the Tbilisi City Court.

A GTUC lawyer litigated a case for plaintiffs who got notices of termination of labor relations, all of whom have reached pension age. After losing the case at Gori City Court, GTUC applied to the Court of Appeals claiming age and gender discrimination in addition to procedural violations. The appellate court satisfied all the requirements of the appellants, except for a finding of age discrimination. Under the court’s decision, all the applicants are reinstated and they are granted of compensation for forced delay. The respondent party appealed appellate court decision to the Supreme Court of Georgia. GTUC is waiting for the respondent party’s complaint in order to respond to their demands.

On April 17, a GTUC attorney attended the meeting of the Gender Equality Council of the Parliament at which the Action Plan of the Council was approved. The Action Plan includes GTUC initiatives, including development of a methodology for measurement of work value.

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Human Rights Monitoring and Education Center (EMC):

During the reporting period EMC provided consultations on 10 cases. The cases concerned: double citizenship, discriminatory approach towards ethnic minorities during border crossing, tax privileges for religious organizations, ineffective responses by the police, granting refugee status for a gay person from Egypt, a public celebration of Novruz Bairam in Marneuli and formalistic obstacles created by local municipality; legal status of the cultural centre of Marneuli; discrimination in labor relation bases on ethnic identity (Gardabani); disciplinary offences in the public school of Marneuli; and FOI regulation.

During the reporting period, the European Court of Human Rights declared the Kobuleti boarding school case inadmissible with the argument of not exhausting domestic remedies. The Supreme Court of Georgia has made a decision in regards to this case and confirmed discrimination but decision is not made in the part of responsibility of the Ministry of Internal Affairs in the case, based on this argument the European Court considered the case inadmissible. In the reporting period, EMC once again appealed improper investigation from the police to MIA. Also, in cooperation with the Public Defender, the organization agreed on the meeting with the Human Rights Department at MIA to discuss possibilities of preventing aggressive behaviours of locals towards opening the boarding school.

Due to non-enforcement of the decision made by the Public Defender regarding the discriminatory denial of the Kobuleti municipality's to connect the school building to the sewage system, the Public Defender addressed the Court and requested for the administrative body to follow the recommendation. In the mentioned administrative dispute, EMC joined as the third party in the name of Georgian Muslims. It is noteworthy that this case is the first precedent, when the Public Defender addresses a court regarding non-fulfilment of its decision.

In the reporting period, EMC was working on application to be submitted to the Constitutional Court related to the practice by the Prosecutor’s Office of using the complicated standards for granting the status of victims/victim’s legal successor and the problem of limited procedural rights of the victims. The EMC claims that giving such normative content to the norm regarding granting the status of victims is arbitrarily and prevents the victims from exercising their procedural rights, which contradicts the standards of Article 42 of the Constitution. In addition, in the appeal, the EMC argues against the unjustified restriction of the procedural rights of a victim by the Criminal Procedural Code, which limits the possibility of effective control over the investigation and real involvement in the investigation

Tolerance and Diversity Institute (TDI):

Legal Aid Grant: During the reporting period TDI delivered 95 legal consultations and 21 representations.

In a major ruling, the Constitutional Court of Georgia granted two applications by religious associations on July 3. According to the plaintiffs, provisions of the Tax Code and the Law on State Property violate Article 14 of the Constitution and create a discriminatory environment for religious organizations. In both cases, the plaintiffs’ interests were represented by TDI and the Tbilisi Free University Constitutional Law Clinic.

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The Court reached a very important conclusion in its decision: “recognition of the special role of the church is related to its historical contribution and does not serve the purpose to create privileged legal conditions for the GOC at present time. The historical role should not be considered as the source of privileged legitimacy. Differentiation and creation of a legally predominant condition is not and should not be the goal of the constitution[...] Granting certain rights to the GOC does not imply creation of obstacles for other religious organizations to enjoy the same rights.”

During the reporting period, based on TDI’s statement, the Public Defender of Georgia addressed the National Bank of Georgia with general recommendations, stating that commercial banks have improperly used the legitimate procedure of client scrutiny, which led to the alleged violation of the rights of citizens of Nigeria who could not control their own funds via bank accounts and could not travel by public transport with the exemptions available for other students as they did not have bank cards.

TDI worked on a case of racially motivated violence against Nigerian men who were expelled from a football stadium, physically abused and verbally insulted by Georgian citizens. Despite calling police, no actions were taken to protect them. TDI addressed the Prosecutor's Office, the Ministry of Internal Affairs (MIA), the Human Rights Department of MIA, and the Public Defender to take immediate actions to investigate the April 8 incident and hold the offenders liable, as well as to study and respond to the alleged abuse and/or misuse of official authority exercised by the police officers.

TDI organized visits in Kvemo Kartli, in both Gardabani and Rustavi. TDI met with local religious communities and civil society representatives to introduce its project to the representatives of local religious and ethnic groups, offer free legal aid service, and identify and analyze the problems and needs of religious and ethnic communities in Kvemo Kartli.

TDI participated in civil society advocacy work against draft amendments to the criminal legislation of Georgia. According to the initiative submitted by the MP Emzar Kvitsiani, “insult of religious feelings” must be punishable by the Criminal Code of Georgia. TDI, together with other NGOs and religious organizations, expressed concern regarding the proposed amendments and addressed the Parliament of Georgia to drop the draft law. As a result, discussion of the amendments was stopped.

TDI continued advocacy of the restitution of property confiscated during Soviet times, analyzed legal status of confiscated buildings, and studied existing international practice on the restitution of property. TDI’s lawyers are finalizing a policy paper to advocate for an initiative on the restitution of the confiscated property and plan to present the document to respective state agencies, religious associations and interested parties in Fall 2018.

Awareness Raising Grant: Tolerance and Diversity Institute (TDI) is implementing a nationwide awareness raising grant “Promoting Diversity Enhancing Dialogue and Empowering Minorities and Women” to raise public awareness about discrimination problems faced by religious and ethnic minorities and foreigners residing in Georgia and to empower representatives of minority groups.

Initiated in November, TDI’s Facebook page Images of Diversity has become very popular. To date it has received 147,000 views and 7578 likes, and during the reporting period the Facebook page gained 1,383 new page likes. The mini documentary video on a Nigerian woman in Tbilisi received great interest from Facebook users and has 1100 likes; a photo story about Zacheus and Julieta also gained 1000 likes; and an article about Catholics in

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Georgia received the most interest from readers (205 Likes). TDI is working to produce more products, and the number of likes is expected to increase in the following months. Page views also increased during the reporting period. Based on a Google search, the top sources of page views are several media platforms, including www.on.ge, www.newposts.ge and others. The content of the platform is shared by media professionals, civil activists, students, politicians and other actors. The platform became inspiration for journalists of national TV channels, who prepared in-depth coverage about Muslims, the problem of racism in Georgia, cultural diversity, and so on. The protagonists of the videos became popular in media and academic circles - they are interviewed by journalists and invited as guest speakers by other civil society organizations.

In response to a request to do so, TDI submitted its videos produced in 2017 and the project Images of Diversity for the 2018 ADAMI Media Prize in two categories: 1) web videos (short online videos submitted by a producer in one of the EaP countries), and web pages (for websites covering the themes of integration and cultural diversity).4 The ADAMI Media Prize was created in 2015 to encourage filmmakers, journalists, and audio-visual media professionals in the EU Eastern Partnership countries (Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine) to promote topics of migration, tolerance, and cultural diversity. The goal of the contest is to encourage the media and civil society to fight messages of hate and ignorance, and to create a platform for networking and exchange among media professionals in the region and Europe.

In May, TDI screened Images of Diversity mini documentary videos in the Centers of Civic Engagement in Gori and Akhaltsikhe. TDI showed the documentary videos and engaged attendees in discussions with the video protagonist.

TDI started production of a mini documentary video about Armenians in Georgia and selected the protagonist of the video. TDI also prepared a video about the Catholic Church in Georgia. The video presents the history of Catholic Church in Georgia, overviews the repression of the Church during Soviet times, introduces Georgian Catholics who contributed to the history, culture and social life of Georgia, and tells of the Church’s social and charity work. TDI also started work on a video about Evangelical-Lutheran Church in Georgia, collecting visual materials from the Parliamentary Library, archives, museums and private collections. The video should be ready in July.

TDI started preparing materials for a video on the confiscated property of religious communities during Soviet times. During May and June, TDI collected photo materials and conducted interviews with representatives of religious organizations that lost their property during the Soviet Union and have not received compensation.

A photo story about Sri Lankan students residing in Georgia was also prepared in this quarter. It presents how Sri Lankan students live in Georgia, how they follow their national traditions and celebrate holidays. A photo story about the Evangelical-Lutheran Church in Georgia and their social work will be finalized in July.

During the reporting period, TDI prepared three educational articles. One is about the Evangelical-Baptist Church in Georgia (The Church That Women Saved). The article tells about the formation of the religious organization in Georgia, its daily challenges, its initiatives on interreligious dialogue, and its collaboration with other religious communities. A second is about Azerbaijanis (What We Should Know About Azerbaijani Fellow Citizens).

4 https://www.adamimeadiaprize.eu/competition-2018/ 39

It gives information about the ethnic origins of Azeri community, their settlement in Georgia, and famous ethnic Azerbaijanis who had cultural and historic contributions. The article also reviews the modern-day challenges and problems of integration, civic and political participation of the ethnic minority. The third article about the Evangelical-Lutheran Church reviews the history of German settlers in Georgia, and their inventions and contributions to the development of entrepreneurship in Georgia, culture and architecture. The article informs about political repressions during the Soviet times and the present-day challenges and discrimination by the State.

An article about Muslims in Georgia is being prepared. The article will cover the approach of famous Georgian writers, public figures, Orthodox clergy towards Muslims in the 19th Century, examples of tolerant attitudes and peaceful coexistence. The article also introduces the modern-day challenges of Muslim community and cases of discrimination.

Georgian Democracy Initiative (GDI):

During the reporting period GDI provided 360 consultations, 5 representations in common courts, and 22 consultative meetings in the villages of Akhaltsikhe, Adigeni, Ninotsminda, Khulo Municipalities. GDI’s partner organization CPD was actively involved in organizing the consultation meetings. In total, the consultation meetings were attended by 322 individuals. During the consultation meetings, GDI lawyers provided general information about women's rights, domestic violence, early marriage and its consequences. In the reporting period GDI was involved in litigatin five cases related to family issues (divorce, alimony, etc.) and assisted four women victims of violence.

GDI in coordination with EHRAC under their mentorship program worked on the case of T.T - a victim of physical, psychological and sexual abuse from her partner, a MIA high official. According to T.T’s request investigations against him started several times but were terminated, as a result he was only given a warning as an administrative penalty. GDI and EHRAC jointly submitted the application in 2017, requesting from the court to establish procedural and material violation of the Article 3 (Prohibition of Torture), as well as determination of discrimination on the grounds of gender. Until today, material breach of Article 3 of the Convention against Georgia (in light of Article 14 regarding the violence against woman) has not been established. The Court registered the application and communicated with the government in June 2018 asking to respond to specific factual questions. GDI also applied to Tbilisi City Court with a claim requesting materials of investigation launched against the T.T’s ex-partner on his abusive behavior that were later terminated. GDI lost this case in the court and now is waiting for the judgment to be delivered to submit appeal. Another claim GDI submitted to the City Court was related to illegal detention of T.T. that was partially satisfied by the court and ordered the state to pay compensation. This lawsuit referred to the fact of illegal detention of T.T for non-compliance with demand of a law-enforcement officer. T.T was battered by her ex-partner and then he unlawfully restricted her liberty in the street and called the police who later on arrested her.GDI also applied to the Inspector of Personal Data to investigate the fact that perpetrator has unlawfully checked and obtained personal information about T.T. in personal data base of MIA. In response to GDI’s request to investigate the case, Inspector of Personal Data found out that the perpetrator did unlawfully checked and obtained personal information from MIA databases.

Union Sapari:

During the reporting period Sapari conducted informational meetings in Zugdidi and

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Tsalenjikha on June 25-26. The goal of the meetings was to create a network between the local NGOs and to share experience gained during project implementation. They also discussed women’s rights, violence against women, property rights related issues and legal aid opportunities.

Sapari lawyers provided 88 legal consultations to victims of violence in Tbilisi and several regions (Zugdidi, Tsalenjikha, Kutaisi, Batumi), and also provided psychological service to 27 female victims of sexual, physical and psychological violence. Sapari has 30 ongoing cases involving domestic violence and assisting parents, usually mothers, in obtaining child support from the former spouse in cases of divorce.

Sapari is involved in E.B case, a victim of the gender-based violence from her ex-partner, acting policeman who systematically abused her psychologically, sexually and physically, but police officers did not write restraining orders despite of E.B’s several calls to 112. In May, after another incident E.B called emergency service, police arrived 45 minutes later and they didn’t even try to restrict her abuser ex-partner to enter her house along with them. At that time, victim’s ex-husband was also with the victim. Violator shot E.B and her ex- husband four times, this resulted in his death and E.B got wounded severely. Sapari requests start of investigation to punish the violator and those two policemen who let E.B’s abuser ex- partner in the house. Sapari also addresses improper response of police authorities to the issue of violence against women

Partnership for Human Rights (PHR):

During the reporting period PHR provided 13 representation and legal consultations in 40 domestic violence and gender-based violence cases. The cases were about domestic violence and family law issues, such as measures under restraining and protective orders, the results of violation of domestic violence and gender-based violence orders, divorce, alimony and property issues. Applicants often complained about the insufficient reaction of police forces in response to domestic and gender-based violence. For example, police-officers still prefer issuing a written acknowledgement instead of a restrain order.

PHR representatives were invited to media outlets at least 14 times during the reporting period. They were invited to 10 TV and radio shows, and four times they were respondents in online and print media. They also had outreach activities on several TV shows regarding sexual harassment, domestic violence and gender-based violence, and existing barriers and challenges.

PHR organized two meetings with groups of teachers in Imereti region and one public discussion with representatives of day centers in Tbilisi. PHR discussed violence against women and domestic violence, as well as issues related to teachers’ role in supporting gender-based violence child victims and survivors, with teachers, local social worker and media representatives.

PHR successfully litigated the case of N.S., which claimed compensation for moral damage for continuous domestic violence. Tbilisi City Court agreed with PHR’s position and established a precedent by obliging the perpetrator to pay compensation of GEL 3500 for moral damage. The perpetrator appealed the case.

PHR is litigating six ongoing cases on sexual harassment, representing the sexually abused women before the PDO. In the cases where the perpetrator used his official status to abuse women, PHR plans to apply to court calling for discrimination and requesting compensation.

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Support Community Councils’ Project

During the reporting period, the National Centers for Civic Engagement (NCCE) hosted eight informational meetings in the local NCCE offices: Batumi, Kutaisi, Telavi, Gori, Rustavi, Sagarejo, Zugdidi, Ozurgeti. The following speakers attended the regional meetings: 1. Members of the Parliament of Georgia (Giorgi Khatidze, Irina Pruidze, Nino Tsilosani; 2. Prime Minister’s Advisor (Sopo Japaridze); 3. Human Rights Secretariat of the Government of Georgia (Mariam Japaridze, Tornike Dvali); 4. Ministry of Internal Affairs of Georgia, Human Rights Protection and Monitoring Department (Londa Toloraia, Goga Khatiashvili, Bela Pipia); and 5. Public Defender’s Office, Department of Equality (Ketevan Shubashvili, Ana Kvachadze, Marieta Akhvlediani.

The speakers covered the following topics: National Strategy for the Protection of Human Rights, women’s rights, mandatory gender quotas and the Istanbul Convention, and family violence and the Anti-discrimination Law. Members of the Parliament of Georgia, Prime Minister’s Advisor and Human Rights Secretariat representatives discussed the National Strategy for the Protection of Human Rights and the Human Rights Action Plan for 2018- 2020, which covers 27 thematic directions. The speakers overviewed legislative initiatives and reforms that took place after the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) was ratified by Georgia last year. They talked about the role and scope of work of the Inter- agency Commission on Gender Equality, Violence against Women and Domestic Violence established under the Government Administration.

Members of Parliament discussed women’s role in the political, economic and social life of Georgia and issues of equality between men and women, emphasizing the necessity of at least a temporary measure imposing gender quotas for political parties so as to attract more women into the decision making processes of the country. Representatives of the Human Rights Protection and Monitoring Department under the Ministry of Internal Affairs talked about the Department’s aims, future plans and current actions towards the protection of human rights and elimination of family violence.

Representatives of the Equality Department at the Office of the Public Defender talked about the Department’s role in exercising the authority provided under the Law on Elimination of All Forms of Discrimination. One of the challenges in the course of a discrimination investigation has been the limited power of the Ombudsman’s Office towards private entities (only public institutions and civil servants have an obligation to provide the Public Defender with information); this significantly hampers the process of investigation when private persons or organizations are involved. The representatives of the Public Defender's Office also talked about the Public Defender's latest report, according to which women, persons with disabilities, religious minorities and representatives of the LGBT community remain the most vulnerable groups. During 2017, 73% of the applications alleging discrimination concerned public institutions, an increase from previous years, and 27% in private organizations and companies.

Long discussions followed the speakers' presentations. The following positions were expressed:  Local Gender Equality Councils should be strengthened by empowering their limited rights to make them capable use their resources fully;  Shelter-related problems – It is important to have long-term measures in place to help victims of domestic violence so that the victim is not forced to return to the perpetrator;

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 The role of local governance in carrying out measures to solve these problems should be increased as they are the governmental body closest to people.

Summarizing the meetings, it was emphasized that active public involvement is crucial for ensuring the protection of human rights and reducing the number of cases of domestic violence.

Attendees at the regional meetings included: human rights activists, representatives of civic society organizations and women NGOs, media, local authorities from Mayors’ offices and City Assemblies (Gender Equality Council members), regional representatives of the Public Defender’s Office, and youth and citizens from the villages of Telavi, Gori, Sagarejo, Ozurgeti Municipality. The speakers also held meeting with the students at Batumi, Kutaisi, Telavi and Gori State Universities, and discussed actual and thematic problems. Of 612 participants, 73% were female and 31% youth. The meetings were covered by local media, and NCCE arranged interviews for the speakers with local news outlets. In addition, information about upcoming meeting was provided to media, and news and photos of the meetings were promoted on the NCCE website and Facebook.

NCCE also reviewed documents and materials related to government activities on women’s rights issues and prepared a leaflet on services that the government provides to citizens who are the victims of domestic violence and other services related to protecting women’s rights. The leaflets were distributed at every regional meeting.

Monitoring and Evaluation

4.3.5. Number of legal professionals benefitting from training on rights of marginalized groups provided with USG assistance (F Indicator):

Quarter: 42 (24 Male and 18 Female) Year 4 Target: 200 LOP Target: 750

Lawyers: 34 (21 Male, 13 Female) Judges: 8 (3 Male, 5 Female)

B. Key Issues and Challenges

The challenge for PROLoG is to assist legal aid grantees to conduct their activities before the conclusion of the grants and identify strategic litigation cases appropriate to PROLoG’s purposes. PROLoG will work on extensions of PHR’s and TDI’s legal aid grants and limit the scope of the extensions to strategic litigation. PROLoG will also assist and monitor the non-cost extension of the nationwide awareness raising grant implemented by TDI to raise public awareness about the discrimination problems faced by religious and ethnic minorities and foreigners residing in Georgia and to empower representatives of minority groups. PROLoG will continue cooperation with the expert hired to draft a legislative package on prohibition of sexual harassment and coordinate with the Gender Equality Council of the Parliament on further steps.

NCCE started the second phase of community council meetings in February 2018. The main challenge remains the availability and engagement by high level officials and MPs for the regional visits.

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C. Plans for next quarter

The following activities are expected during the next reporting period:

 Continue monitoring the implementation of legal aid grants, participate in the field visits of grantees;  Work on extension of PHR and TDI legal aid grant;  Continue monitoring the implementation of awareness raising grant;  Work on extension of TDI awareness raising grant;  Conduct thematic workshops with the involvement of partner legal aid grantees;  Work with Ilia University’s Human Rights Clinic to arrange second training for legal aid grantees under the mentoring program on the Constitutional Court;  Continue working with constitutional law mentors to ensure effective communication with partner NGOs on their potential and ongoing applications to Constitutional Court;  Continue working with EHRAC to ensure effective communication with partner NGOs on their ongoing cases;  Plan and conduct next phase of EHRAC trainings;  NCCE develops questions for focus group discussions on family violence. NCCE conducts focus groups in regional offices.  NCCE conducts 10th informational meeting in Akhaltsikhe.

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Annex 2: Success Stories

Amendments to the Law on Advocates Discussed with Members of Parliament

On March 31, EWMI/PROLoG hosted a meeting of the working group created by the Legal Affairs Committee of the Parliament on the Law on Advocates. The meeting was dedicated to discussion of the amendments to the Law on Advocates proposed by the Georgian Bar Association and that have passed the first hearing in Parliament. The meeting was attended by members of the Parliament and representatives from the Georgian Bar Association, Legal Aid Service and Association of Law Firms of Georgia, as well as practicing attorneys. Eka Beselia, Chairperson of the Legal Affairs Committee, and David Asatiani, Chairman of GBA, led the meeting. They presented the amendments, which include: principles of legal practice, circumstances for disclosure of a client’s identity; special exemptions for prosecutors and judges from internship requirements; expansion of the Ethics Commission functions by allowing it to request documents; and changing the terms of remuneration of Legal Aid Service lawyers under Article 53 of the Civil Procedural Code of Georgia. PROLoG has been working with the Parliament and the Georgian Bar Association to build up and strengthen Bar Association’s institutional capacity since 2015. This event was implemented under the PROLoG component designed to improve the management of justice system institutions.

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High-Level U.S. Judge Visits Georgia

From April 1-6, PROLoG hosted its first visit of a high-level U.S. judge to Georgia: Judge Allyson K. Duncan of the U.S. Fourth Circuit Court of Appeals. Judge Duncan is the first African-American woman to sit on the Fourth Circuit, was the first African-American to serve as President of the North Carolina Bar Association, and is the Chair of the International Judicial Relations Committee of the United States Judicial Conference. She is also the immediate past President of the Federal Judges Association, and in that role was a member of the International Association of Judges. While in Georgia, Judge Duncan attended a High Council of Justice session and had a high- level meeting with Secretary of the High Council of Justice (HCOJ) Giorgi Mikautadze. She also met with the justices of the Supreme Court of Georgia and gave the justices a presentation on judicial independence in the U.S. courts. In addition, Judge Duncan met with and gave a presentation to women members of the Supreme Court, High Council of Justice and U.S. judicial exchanges on “Diversity, Gender Equality and the Rule of Law.” Judge Duncan also met with parliamentarians and ministers whose work relates to the judiciary, including Parliament’s First Vice-Chair Tamar Chugoshvili, Minister of Justice Thea Tsulukiani, and Head of Parliament’s Judicial Affairs Committee, Eka Beselia. Judge Duncan also conducted multiple public events and trainings for judges, law professors and law students. These included a public conference on judicial independence at the High School of Justice (HSOJ) that was opened by Chief Justice Gvenetadze and HCOJ Secretary Mikautadze, and included Secretary Mikautadze, HCOJ judge member Tamar Oniani, and Judge Duncan as panel members. Judge Duncan also conducted a master class for court chairs and judges from Tbilisi Appellate Court and Tbilisi, Rustavi and Mtskheta City Courts on “Judicial Integrity in the U.S. Courts.” In addition, Judge Duncan gave a lecture at Ilia State University for professors and students on “Judicial Ex Parte Communications Laws and Policies: The Challenge of 21st Century Technologies” and met with NGO representatives.

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Human Rights Training For Judicial Assistants of Appellate Courts On April 13-15, a two-day workshop was organized for Tbilisi and Kutaisi Appellate, as well as Kutaisi City Court judicial assistants. Two parallel workshops were conducted by human rights experts, Besarion Bokhashvili and Konstantine Korkelia who covered underlying principles of human rights law, human rights jurisprudence of international human rights institutions and its impact on domestic practice, as well as Article 8 (right to respect for private and family life) and Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights (ECHR). Overall 43 judicial assistants attended the training. Additional workshops will be conducted in April-May, and will involve separate training for Criminal and Civil/Administrative law chamber judicial assistants in Tbilisi and Kutaisi. This is replication of a human rights program USAID/PROLoG started in 2017 for so called “writing” judicial assistants and covered Tbilisi City and Supreme Courts. The program aims at strengthening the judicial assistants’ legal skills and their knowledge of international human rights standards. Program involves intensive training covering both basic and practical aspects of human rights relevant to practice in Georgian courts, as well as a hands-on mentoring component involving actual cases. This year human rights program will be implemented in Georgian Appellate courts with the cooperation of EU4Justice judiciary support project. USAID/PROLoG is actively engaged in strengthening judicial education in Georgia and continues to support different activities and trainings in this direction.

Group of judicial assistants from Tbilisi and Kutaisi Appellate Courts ……… Since 2010, USAID/EWMI has worked with Georgia’s state institutions, civil society organizations, and law schools to strengthen the justice system to ensure due process, judicial independence, and the protection of human rights through wide-ranging activities. We also work to strengthen both legal education and the legal profession.

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USAID/PROLoG supports Women’s History Month with Series of Activities

During the Women’s History Month USAID/PROLoG Legal Aid Grantees - Human Rights Center, Georgian Democracy Initiative, Partnership for Human Rights, Tolerance and Diversity Institute, Union Sapari, GYLA as well as USAID/PROLoG-funded Human Rights Chair at Ilia State University organized the series of the events in Tbilisi and other regions of Georgia, specifically in Kvemo Kartli, Samtskhe Javakheti, Imereti. The events aimed to respond the problems that are currently faced by women in Georgia and to raise awareness of women’s rights in the country. The topics of the meetings with representatives of general public covered problems in the field of gender-based violence, early marriage and domestic violence, while explaining to them ways how to defend their rights in case of need. NGO representatives also met medical personnel to discuss approaches how to identify victims of domestic violence and how to prevent violence in future. The relevant statistics was also presented to the attendees. Public lectures, debates and panel discussions organized by the Human Rights Chair from Ilia Uni. covered the topics such as “Who is Kato Mikeladze?”, “The Role of Gender in Judicial Decision-Making” with participation of Anna Dolidze, Member of the High Council of Justice, “Gender Based Violence – Investigation, Litigation and Protection of Victims”, “Equal Pay for Equal Work“ discussing the standards and methodology for collecting gender- disaggregated data and the challenges the National Statistics Office faces. Tolerance and Diversity Institute conducted video screenings and follow up discussions at IliaUni Tbilisi, Kutaisi and Batumi. TDI showed mini documentary videos: Hurie - story of a Muslim girl from highland Adjara. She speaks about her experience, social stereotypes against women wearing a headscarf in public, and her fight against those stereotypes by means of civic activism and religious practice; Nigerian Girl in Tbilisi - who reflects on racist attitudes as well as positive environment she experienced in Georgia. PROLoG is actively engaged in strengthening legal education and raising the awareness of women’s rights in Georgia and continues to support various projects, events, activities, seminars as well as trainings.

TDI public lecture at IliaUni, TDI representative and Video Protagonists at the panel, Giorgi Chkheidze opening the public lecture

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Second Wave of Human Rights Trainings for Judicial Assistants

On April 20-21 and 22-23 USAID/PROLoG conducted two trainings for civil and administrative chamber judicial assistants in Tbilisi and Kutaisi Appellate courts. Both trainings were conducted by human rights expert Konstantine Korkelia and covered international human rights standards pertinent for civil and administrative adjudication. Mr. Korkelia discussed topics such as freedom of expression and information, property rights, prohibition of discrimination as well as issues of state responsibility for human rights violations in the occupied territories. 16 judicial assistants attended training in Tbilisi, while 15 in Kutaisi Appellate Court. Another set of trainings will be conducted in coming months for criminal law chamber judicial assistants, involving expert Besarion Bokhashvili, while after that experts will engage in hand-on mentoring for judicial assistants in cooperation with EU4Justice Judiciary Support project. USAID/PROLoG is actively engaged in strengthening judicial education in Georgia and continues to support different activities and trainings in this direction.

Group of judicial assistants at Kutaisi Appellate Court

*** Since 2010, USAID/EWMI has worked with Georgia’s state institutions, civil society organizations, and law schools to strengthen the justice system to ensure due process, judicial independence, and the protection of human rights through wide-ranging activities. We also work to strengthen both legal education and the legal profession.

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USAID/PROLoG Supports Georgian Team at International Client Counseling Competition

On April 11-14, University of Maastricht hosted 2018 International Client Consulting Competition (ICCC). 22 teams from different countries participated in the competition, including countries like USA, Australia, Canada, England, Kenya, India, Malaysia and other European Countries. USAID/PROLoG supported participation of Georgian team at ICCC 2018 that was represented by Free University. Georgian team participated in 2 rounds and revealed high level of general knowledge and professional skills. They were highly ranked by the judges and clients but unfortunately could not make to the semi-finals. The winner of the competition became team from the United States. Overall, the competition was significantly beneficial and interesting for the students. Besides professional skills gained by participating in the competition, they had an opportunity to represent their country and build social networks with people from all over the world. USAID/PROLoG works to enhance university-level legal education by supporting Georgian universities to prepare graduates with practical skills and knowledge.

Georgian Team with competition’s international committee members

*** Since 2010, USAID/EWMI has worked with Georgia’s state institutions, civil society organizations, and law schools to strengthen the justice system to ensure due process, judicial independence, and the protection of human rights through wide-ranging activities. We also work to strengthen both legal education and the legal profession.

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Supporting Awareness of Legal Ethics

On April 14, the USAID/PROLoG-supported Legal Ethics Chair at New Vision University organized a public lecture on “Publicity of Ethics Commission’s Decisions in the Context of Personal Data Protection.” Protection of the personal data included in the decisions of the Legal Ethics Commission of the Georgian Bar Association (GBA) has been an active issue for the past two years. The main speakers at the lecture were Sophie Chachava, GBA Legal Ethics Chair, and Tamta Khatiashvili, head of New Vision University Legal Aid Center. The speakers discussed the legal ethics code, the personal data protection law, and relevant court decisions. Ms. Chachava also talked about the decision of the European Court of Justice in a case involving Google. The public lecture was attended by lawyers, students and legal experts. The aim of the event was to raise the awareness of important issues related to legal ethics in Georgia.

Legal Ethics Chair Sophie Chachava speaks about the GBA Legal Ethics Commission

*** Since 2010, USAID/EWMI has worked with Georgia’s state institutions, civil society organizations, and law schools to strengthen the justice system to ensure due process, judicial independence, and the protection of human rights through wide-ranging activities. We also work to strengthen both legal education and the legal profession.

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PHR Conducts Meeting with Teachers in Tskhaltubo Municipality, West Georgia

On April 26, within the framework of the USAID/PROLoG-funded project “Unlock the Untapped Potential of Georgian Law to Respond to Gender-based Discrimination and Violence,” representatives of the NGO Partnership for Human Rights (PHR) conducted a seminar at Tskaltubo Municipal Assembly in Imereti for 14 teachers. The topic of the seminar was teachers’ role in supporting gender-based violence child victims and survivors. The main objective of the seminar was raising local teachers’ awareness of gender-based violence (GBV), analyzing the existing situation regarding children’ and women’s rights in Tskaltubo municipality, and supporting teachers in the process of identifying GBV child victims and survivors. Discussions during the seminar led to defining gender-based violence and domestic violence, discussion of protective measures and existing services for victims, legal regulations regarding the reporting of GBV, and teachers’ role in collecting evidence of GBV. The meeting was interactive and participants were especially interested in the process of identifying GBV and their obligation to report to the authorities. They underlined the lack of awareness-raising activities in the municipality. At the end of the seminar, the participants expressed their willingness to cooperate with “Partnership for Human Rights” in identifying GBV among their students and their families.

PHR lawyer talking about the women’s and children’s rights

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First Academic Conference on Legal Ethics Organized

On April 28, the USAID/PROLoG-supported Legal Ethics Chair at New Vision University organized Georgia’s first academic conference on legal ethics. Laura Berger, Acting Director of USAID’s Democracy, Governance and Social Development Office, and David Kereselidze, Rector of New Vision University, made opening remarks at the conference. PROLoG’s invited expert, Professor James Moliterno from Washington & Lee School of Law (U.S.), spoke on the professional responsibilities of lawyers and expression standards for social media. As part of his presentation, the expert brought from the U.S. examples of unethical lawyer advertisements and expressions on media, and gave recommendations where to draw the line between free speech and social media Legal experts, judges, notaries, professors and Georgian Bar Association Ethics Commission members made interesting presentations on the regulation of attorney’s fees at the termination of the attorney-client relationship, judicial skills (“judge craft”), the applicability of Georgian attorney-client privilege rules to foreign-licensed attorneys, and the interrelation between judicial ethics and discipline. The presentations were followed by a Q&A session and active discussions. The conference was widely attended by lawyers, law professors and students. Current issues and challenges related to legal ethics in Georgia were discussed, raising the awareness of Georgia’s legal community.

Professor Moliterno speaks on professional responsibilities and expression standards for social media

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USAID/PROLoG Supports Presentation of Regulatory Impact Assessment Report on Draft Law on Entrepreneurs

On May 2, USAID/PROLoG, in cooperation with the Ministry of Justice (MoJ) and the German Society for International Cooperation (GIZ), supported a presentation at the ISET Policy Institute of the main principles of the draft Law on Entrepreneurs (LoE) and the Regulatory Impact Assessment (RIA) of the draft LoE. Alexander Baramidze, Deputy Minister of Justice, Mark Mitchell, Acting Deputy Mission Director at USAID/Georgia, and Dr. Thomas Meyer, Program Director of the GIZ Program “Legal Approximation Towards European Standards in the South Caucasus“ welcomed the participants. The speakers highlighted the importance of the new Law on Entrepreneurs for the improvement of Georgia’s business environment and the role of the RIA mechanism for preparing evidence for political decision-makers on the advantages and disadvantages of policy options by assessing their potential impacts. Maia Bregvadze, Advisor at the MoJ, made a presentation of the main principles of the new draft law. The changes to be introduced by the draft Law concern almost all the aspects of commercial activity in Georgia. They introduce additional corporate consents and approvals, minimum capital requirements for Joint Stock Companies, and the need to maintain reserve capital, among others. Representatives of the ISET Policy Institute presented the RIA results and three policy options considered in the document. At the end of the presentations, a discussion was held where the participants expressed their views on key issues of interest. The draft LoE will soon be presented to legal professionals, governmental agencies, civil society organizations, the business community and the general public for public consultations. This event was supported by PROLoG as part of its efforts to strengthen Georgia’s legal framework.

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Georgian Judges Learn About Best Practices in the U.S. on 14-day Study Tour to New York and Washington, DC

As part of its new judicial exchange component, USAID/PROLoG brought its first group of Georgian judges on a 14-day trip to New York and Washington, DC from April 14-27. The eight first instance judges, who came from across Georgia and included both court chairs and trial court judges, had a busy and diverse itinerary. They learned how U.S. courts and judges deal with heavy caseloads, case assignments, case management and judicial ethics, as well as many other topics. While in New York, the judges met with court leadership and administrators at the New York state courts and learned about case management, case processing, dispute resolution, and judicial education. The judges also met with U.S. federal court judges and administrators, the chair of the New York State Judicial Institute (New York’s judicial training institution), and representatives of the American Bar Association and Bar Association of the City of New York. The judges also observed court proceedings while in New York, learned about how cases are assigned under both the federal and state case management systems, and toured court buildings. In addition, the judges learned about judicial independence from a judge when they visited Fordham Law School. They also visited the Center for Court Innovation, which is working to simplify the processing of minor offenses. While in Washington, DC, the judges visited the Federal Judicial Center, where they learned about the operation of the U.S. federal judicial system and the education of federal judges. They also visited the Administrative Office of the U.S. federal courts, met with Lexis-Nexis representatives, and visited both the U.S. Supreme Court and U.S. Capitol Building. None of the judges had been to the United States before, and the experience was extremely informative on both a professional and personal level. The judges have committed to sharing their experiences and lessons learned with their fellow judges through both formal presentations and informal exchanges, which will multiply the impact of the study tour.

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USAID/PROLoG Hosts Roundtable Discussion with Georgian Bar Association Ethics Commission and Executive Board

On May 4-5, USAID/PROLoG hosted a roundtable discussion between U.S. professional ethics expert James Moliterno and the Georgian Bar Association’s Ethics Commission and Executive Board. The Bar Association representatives and the expert actively discussed the current challenges and steps that should be made to reform attorney disciplinary proceedings, including: the role of the Ethics Commission in settling disciplinary disputes through mediation, the types of disciplinary claims that can be directed to mediation, recommended initiatives to reform disciplinary proceedings, the importance of proportionality in determining sanctions, and the standard of proof during disciplinary proceedings. The participants included the Chairmen of the Georgian Bar Association and its Ethics Commission, members of the Executive Board and Ethics Commission, the GBA Executive Director, and staff lawyers. This event was implemented under the PROLoG component designed to improve the management of justice system institutions.

Professional ethics expert James Moliterno and the leadership and members of the GBA and its Ethics Commission discuss reforms to attorney disciplinary proceedings

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Tbilisi Judicial Exchange Judges Share Knowledge Gained in the U.S.

In April 2018, eight Georgian first instance judges traveled to the U.S. in USAID/PROLoG’s first study trip under its expanded judicial exchange activities. On May 24, the four Tbilisi City Court judges who participated in that study trip made a presentation to 35 of their fellow judges on the key lessons learned during the exchange. The presentation was hosted by the Chairman of Tbilisi City Court, Judge Vasil Mshvenieradze who thanked USAID and PROLoG for their ongoing support to the Georgian judiciary. He said that he had already heard a great deal about the exchange – the judges were so excited when they returned that for days it was all anyone talked about. PROLoG Deputy Chief of Party Neil Weinstein also welcomed the participants and shared with them the wide- ranging support that USAID/PROLoG provides to the Georgian judiciary. Each of the four trip participants spoke about some of the key lessons learned during the study trip, with mediation being a major focus. The judges talked about the role of mediation in reducing case backlog and the need for improved legislation to strengthen the mediation process in Georgia. They also suggested identifying categories of cases that can be resolved through simpler procedures using magistrate judges. Judge Levan Mikaberidze said that based on his experience in the U.S. he will strengthen his practice of informing parties of the potential outcomes of their case, offering conciliation terms to the parties, and suggesting that parties agree to resolve their dispute. He said that doing so will save time and effort by dispelling parties’ unrealistic expectations. In addition, Judge Nino Kanchaveli talked about how information technology can be used to improve workflow. She also talked about the role of the Federal Judicial Center in supporting the judiciary, and how specialized Family Courts are very effective at resolving those difficult cases. Judge Dali Abzhandadze also talked about the way that bench-bar meetings allow judges and lawyers to work together to strengthen the judiciary; she said that the whole process is designed to resolve problems. Judge Maia Gigauri spoke approvingly of the public’s right to criticize judges and how research tools that allow parties to electronically access court judgments can increase the early resolution of cases by allowing parties to see the outcome of similar cases. Judge Mikaberidze also spoke about the very important relationship between judges and lawyers in the U.S. and the U.S. public’s high trust in their

60 judges. He said he will now focus on improving the quality of his decisions instead of focusing on quantity. The trip participants also shared hard copies of the most useful documents provided to them by PROLoG and the host institutions, and said they would share soft copies of all the documents they received. The trip participants strongly encouraged their fellow judges to participate in USAID/PROLoG’s upcoming judicial exchanges if they have the opportunity.

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Judges from Poti and Kutaisi Share Knowledge Gained in the U.S. During Judicial Exchange

On May 30, two knowledge sharing sessions were held so that Georgian judges who traveled to the U.S. under USAID/PROLoG’s expanded judicial exchange activities could share the key lessons learned with their fellow judges and others. One knowledge sharing session was in Poti, Samegrelo-Zemo Svaneti. It was hosted by Court Chair Teimuraz Sikharulidze, who traveled to the U.S. as a member of the April judicial exchange. The second knowledge sharing session was held in Kutaisi, Imereti. It was hosted by the Court Chair Leri Tedoradze, and the discussion was led by Judge Gocha Didava, another participant in the April exchange. Although Poti has only two judges, twenty-two individuals participated in the session; they included judicial assistants and court staff, as well as representatives from the mayor’s office, the state-funded Legal Aid Service, and private attorneys. Judge Sikharulidze began by explaining that the caseload in Poti has increased dramatically in recent years – from 464 cases in the first quarter of 2013, to 757 cases in the first quarter of 2018. To deal with this increase and future increases in caseload, he said it is important for Georgia’s courts to adopt methods used in U.S. courts to maximize the efficiency of case management and court hearings, including improved technology and the increased use of settlement and negotiation. He also said that Georgia should adopt the U.S. practice of having lawyers and judges work together to resolve the challenges confronting the judiciary. PROLoG Deputy Chief of Party Neil Weinstein then shared with the participants the wide-ranging support that USAID/PROLoG provides to the Georgian judiciary. He also answered a series of questions from the participants regarding U.S. practices related to case management, court practices, and alternative dispute resolution. The Kutaisi presentation was attended by nine of Kutaisi’s eleven judges. Judge Didava spoke about the way that case management is handled in both U.S. state and federal courts, the importance of electronic case management, the need for Georgia to consider the mandatory mediation of cases prior to trial, and the importance of improved relationships between judges and lawyers. Mr. Weinstein again provided an overview of the varied support that USAID/PROLoG provides to the judiciary, including how USAID/PROLoG is already working with judiciary to address many of the suggestions raised by Judge Didava.

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GTUC Conducted Three Training on Labor Rights

Under the USAID/PROLoG grant “Strategic Litigation and Awareness Raising Campaign for Women and Vulnerable Group to Ensure Access to Justice in Labor Relations at the National and International Level” Georgian Trade Union Confederation (GTUC) organized three trainings on labor rights in May 2018. Each of the trainings had more than 20 participants from different workplaces (doctors, nurses, teachers, social workers, public servants, municipality servants, textile workers, etc.), as well as job seekers. The trainings took place in Kutaisi (May 4) and Tbilisi (May 18), Telavi (May 30), and the participants gained information about the national labor laws, international labor standards, and their implementation at national level. Participants were actively involved in the training and asked questions on different labor rights, including: pre-contractual relations, terms of labor contracts, working time and overtime work, maternity leave, benefits for pregnant women, termination of labor contracts, collective labor disputes, right to strike, social partnership, etc. After the trainings GTUC lawyers provided legal consultations for the interested parties.

GTUC lawyers talking about the labor rights to the training participants

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PHR Continues Training to Raise Teachers’ Awareness on Supporting Victims of Violence On May 25, in the framework of the USAID/PROLoG-funded project “Unlock the Untapped Potential of Georgian Law to Respond to Gender-based Discrimination and Violence,” representatives of “Partnership for Human Rights” (PHR) conducted a seminar at Baghdati municipality in West Georgia for 15 teachers, local social worker and media representatives. The topic of the seminar was “Teachers’ role in supporting gender-based violence child- victims and survivors.” The main objectives of the seminar was to raise the awareness of gender-based violence among local teachers, to analyze existing situation about children and women rights in Baghdati municipality, to support teachers in identifying process of gender-based violence (GBV) child-victims and survivors. During the seminar participants learned the definition of gender-based violence and domestic violence, the protective measures and existing services that exist for victims, the legal regulations governing the reporting of GBV, and teachers’ role in the process of collecting evidence. The meeting was interactive, and participants were especially interested in the process of identifying violence and their obligation to report it to the authorities. They referred to the effective role of local police and lack of awareness raising activities in the municipality. Participants expressed their willingness to cooperate with PHR in working to combat gender- based violence.

Training participants listening to PHR lawyer Ana Tavxelidze

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Important Amendments Made to Georgia’s Law on Advocates

A package of important amendments to Georgia’s Law on Advocates passed its third hearing vote in the Georgian Parliament. The amendments – made possible through active cooperation between the Legal Affairs Committee of the Parliament, the Georgian Bar Association (GBA), and USAID/PROLoG – will facilitate the institutional strengthening of the GBA. USAID/PROLoG and its predecessor project have actively worked on these amendments since 2012. Under the amendments:  Higher standards for regulating advocates’ activity were established.  Standards for entering the legal profession were improved. Under the amendments, a Georgian citizen who has passed the qualification exams for advocates and completed a one-year professional preparation program may become an advocate. However, persons who have at least three years of experience as a judge of the Constitutional Court of Georgia, a judge of common courts of Georgia, and/or a prosecutor are only be required to complete the three-month theoretical component of the one-year professional preparation program before becoming a lawyer.  The term of the chairman of the Ethics Commission was reduced from four to two years, and he/she can now be re-elected only twice. Six alternate members will be elected together with the members of the Ethics Commission, enabling the Commission to continue its activities without interruption if one of the members leaves the Commission.  The functions of the Ethics Commission were increased in that its members were given the authority to request information on the basis of motions submitted by the parties. The Ethics Commission also now must reason its decisions and provide its decisions to the parties.  The procedures for appealing a disciplinary sanction and the procedures for considering such an appeal at the Disciplinary Panel of the Supreme Court of Georgia were improved.  Standards were established for calculating the time in which someone who passes the qualification exams for advocates has to become a lawyer, and the time period for becoming a lawyer was increased.

Working group members discussing amendments to the Law on Advocates (from left to right): David Asatiani, Chairman of GBA, Eka Beselia, Chairperson of the Legal Affairs Committee of the Parliament and Levan Mchedeladze, Leading Specialist of the Legal Affairs Committee

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Company Law Course for Judges Completed with PROLoG's Support

USAID/PROLoG, in cooperation with the High School of Justice (HSOJ) and the German International Development Agency (GIZ), organized three trainings on Corporate Law and Governance in Georgia and the EU in April, May and June 2018. The course was developed with the support of international and local experts retained by PROLoG and GIZ last year, and then piloted with a team of judge-trainers. This round of trainings was conducted independently by Ketevan Meskhishvili, a judge-trainer. The topics covered during the trainings were: EU company law and directives, formation of a company and related legal disputes in Georgia and Europe; financial structure of companies, managers’ and shareholders’ rights and duties, European principles of capital maintenance, and the specific issues of closed corporations. When Georgia’s new Company Law, is adopted, courts will have to apply new legal concepts and interpret the law in accordance with the EU directives. The outcome of this unique training program will be the increased expertise of judges when deciding complex company law cases. The participants received copies of the draft Law of Georgia on Entrepreneurs and the Regulatory Impact Assessment Report on the draft Law, which were officially presented to the public on May 2, in cooperation with the Ministry of Justice. PROLoG intends to continue its support to the HSOJ and will have judge-trainers provide the company law course trainings for judicial assistants.

Trainings for judges in Company Law

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HRC Conducts Informational Meetings with High School Students in Kvemo Kartli

On May 31, representatives of the Human Rights Center’s Tbilisi and Kvemo Kartli offices, under the USAID/PROLoG legal aid project “Promote access to justice for women, religious and ethnic minorities in the regions of Georgia,” met with high school girls from the Tsalka public schools in Kvemo Kartli. Together with Ida Bakhturidze, Country Coordinator of Women Engage for a Common Future, and the leader of the Georgian Women’s Movement, HRC conducted an informational meeting with the students, their teachers and school director, a total of 60 participants. HRC’s project coordinator Nino Tlashadze opened the meeting with a presentation of the project goals, describing importance of increase access to justice for women and ethnic minority groups that HRC is oriented on. Ida Bakhturidze then discussed issues related to early/forced marriage, as well as its potential social and health risks. The students were actively involved in the discussion and spoke about gender stereotypes and roles in the local community, as well as the barriers that prevent them from accessing educational opportunities after marriage. According to the students, they often discuss these topics at school and their teachers participate in the discussions as well.

HRC representative Nino Tlashadze and Expert Ida Bakhturidze talking to high school students in Tsalka

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HRC Discusses Early Marriage with High School Students in Kakheti

On June 8, representatives of the Human Rights Center’s Tbilisi and Kakheti offices, under the USAID/PROLoG legal aid project “Promote access to justice for women, religious and ethnic minorities in the regions of Georgia,” held meetings with high school students and their teachers from Kabali and Ganjala villages, in Lagodekhi municipality in Kakheti. Both meetings took place in Kabali village, with 18 participants from Kabali public school attending one meeting and 32 participants from Ganjala public school attending the second meeting. HRC Executive Director Aleksandre Tskitishvili opened each of the meetings with a presentation of the project’s goals and activities, and distributed project information booklets to the participants. HRC representatives also spoke about the problems of early marriage, domestic violence and gender equality. An HRC lawyer from its Kakheti office then talked about the potential social and health risks related to early or forced marriage. The high school girls at the meetings were actively involved in the discussions and recalled several cases when their classmates got married at a young age; they said the girls often are coerced by their parents into early marriage. Teachers pointed out that the number of early marriage cases has decreased in recent years because of strict regulations, but said incidents still occur. In some cases, when an underage girl is married the newly married couple moves to Azerbaijan until they have a child to avoid criminal responsibility and then return to Georgia. A teacher from Ganjala public school recalled that last year their school director convinced a girl’s parents to cancel a planned early marriage and the girl was able to continue her studies.

HRC representatives discussing early marriage with high school students in Kakheti

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HRC Conducts Informational Meeting with High School Students in Shida Kartli

On June 6, representatives of the Human Rights Center’s Tbilisi and Shida Kartli offices, under the USAID/PROLoG legal aid project “Promote access to justice for women, religious and ethnic minorities in the regions of Georgia,” met with high school students in the Karaleti IDP settlement in Shida Karlti. Together with Ucha Nanuashvili, the former Public Defender of Georgia and an invited expert, HRC conducted an informational meeting at the local community center with students and their teachers, a total of 25 participants. HRC Executive Director Aleksandre Tskitishvili opened the meeting with a presentation of the HRC project, describing the importance of increased access to justice for women and ethnic minority groups; he also distributed project information booklets to the participants. Former Public Defender Ucha Nanuashvili then discussed the problems and risks related to early or forced marriage, domestic violence, violence against women, as well as women’s rights and gender equality. The students and their teachers were actively involved in the discussion, and emphasized the necessity of organizing similar meetings/trainings at schools.

Informational meeting with high school students in Shida Kartli

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Georgian Judges Attend Leadership Training in the U.S.

From June 2-11, four Georgian judges from Tbilisi and Gori City Courts attended a course on “Leadership for Judges” at the National Judicial College in Reno, Nevada (USA). The training at the National Judicial College was the second trip organized within the framework of USAID/PROLoG’s expanded judicial exchange activities. The Georgian judge participants all have high-level English abilities and took the course together with U.S. judges. The four-day course focused on the theory and practice of effective leadership, effective communication skills and team work, as well as leading change and transformation. The Georgian judges participated in group work together with their U.S. colleagues and also delivered a presentation on their initiative to create an advisory board for judges. The National Judicial College (NJC) is America’s premier judicial education institution and the first institution to offer programs to judges throughout the U.S. The NJC works with the judiciary to improve productivity, challenge current perceptions of justice, and inspire judges to achieve judicial excellence. The NJC offers customized programs and technical assistance, professional certificate programs, as well as Master’s and Ph.D. Degrees. As part of its efforts to support and strengthen the Georgian judicial system, USAID/PROLoG is currently organizing additional exchanges between Georgia and the U.S. as part of its expanded judicial exchange activities. This includes additional study visits for Georgian judges, intensive placements of Georgian judges in U.S. courts, and multi-week placements of U.S. judges in Georgian courts.

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Georgian Team Wins Hugo Sinzheimer Moot Competition

On June 15-17, the third Hugo Sinzheimer Moot Court Competition (HS MCC) was held in Cassino, Italy. The Georgian team won the competition by defeating Germany in the finals. The HS MCC is an initiative by five labor law academics, including Georgian professor Zakaria Shvelidze. The aim of the HS MCC is to deepen and improve the knowledge of employment and labor law at the European level. Twelve teams from the European Union participated in the competition, with Georgia the only team from outside the EU. The competition was judged by renowned professors from different European universities, lawyers and judges from the Netherlands and Austria, as well as Dr. Jean Michel Servais, former president of International Labor Organization, and Dr. Silvana Sciarra, judge of the Constitutional Court of Italy. This year for the first time, with USAID/PROLoG's support, a competition in Georgia was organized to select students for the Georgian national team. Three Ilia University Master's Degree students and one student from the University of Georgia were selected for the team. USAID/PROLoG actively supports educational student competitions. With our support more than 300 students took part in different national and international moot court competitions since 2015.

From left to right – Lela Gigauri, Elene Samadbegishvili, Zakaria Shvelidze (coach), Nino Kotishadze and Tamar Gogiberidze

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Additional Human Rights Trainings for Judicial Assistants

On May 11-12 and June 9-10, USAID/PROLoG in cooperation with the EU4Justice Judiciary Support Project, conducted two human rights trainings for criminal chamber judicial assistants from Tbilisi and Kutaisi Appellate Courts. Both trainings were conducted by human rights expert Besarion Bokhashvili, and covered international human rights standards pertinent for penal adjudication. Mr. Bokhashvili discussed topics of the European Convention on Human Rights, such as right to life (Article 2), prohibition of torture, inhuman and degrading treatment (Article 3) as well as relevant aspects of right to a fair trial (Article 6). An additional set of trainings was conducted on June 8-9 and June 15-16. It covered the Constitutional Court's primary areas of practice and focused on requests by the common courts for an opinion from the Constitutional Court. Konstantine Vardzelashvili, former deputy Chairman of the Constitutional Court, conducted both trainings, which were attended by 44 judicial assistants from both Tbilisi and Kutaisi Appellate Courts. In the coming two months, the experts will engage in hands-on mentoring for the judicial assistants using their actual cases. Through the combination of classroom study and mentoring, the overall program will strengthen the judicial assistants’ legal skills and their knowledge of international human rights standards. USAID/PROLoG is actively engaged in strengthening judicial education in Georgia and continues to support different activities and trainings in this direction.

Konstantine Vardzelashvili discussing common courts' requests for opinion from the Constitutional Court *** Since 2010, USAID/EWMI has worked with Georgia’s state institutions, civil society organizations, and law schools to strengthen the justice system to ensure due process, judicial independence, and the protection of human rights through wide- ranging activities. We also work to strengthen both legal education and the legal profession.

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PHR Conducts Informational Meeting to Raise Awareness on Supporting Victims of Violence

On June 18, in the framework of the USAID/PROLoG-funded project “Unlock the Untapped Potential of Georgian Law to Respond to Gender-based Discrimination and Violence,” representatives of “Partnership for Human Rights” (PHR) conducted a seminar in Tbilisi for the members of “Coalition for Children and Youth” and representatives from day care centers. The meeting was attended by 14 participants, including social workers, teachers and psychologists. The main topic of the seminar was “Day care centers’ role in supporting gender-based violence child-victims and survivors.” A PHR lawyer, Ana Tavkhelidze, talked about gender- based violence, domestic violence, protective measures, existing services, as well as legal regulations governing the reporting of gender-based violence. Ms. Tavkhelidze also discussed violence against children (VAC) and day care centers’ role in the process of identifying VAC. Participants were introduced to PHR’s important cases about cyber bullying and domestic violence. The meeting was interactive, and participants talked about the difficulties they encounter in identifying and reporting violence against women and children. They also noted the serious challenges of granting victim status to the child victims of domestic violence and about the low referral rate of educational institutions to the authorities.

PHR lawyer Ana Tavkhelidze talking to participants about gender-based violence

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More Than Thirty Trainers Ready to Share Knowledge Gained Through USAID/ PROLoG-supported Workshops

In May-June, more than thirty carefully selected Georgian Bar Association (GBA) trainers were trained on four different topics. Training of Trainers (ToT) workshops supported by USAID/PROLoG covered following topics: a) European Court of Human Rights case law concerning Georgia (civil and administrative), b) European Court of Human Rights case law concerning Georgia (criminal) c) role of fair trial in protection of property rights, and d) persuasive legal writing. All courses were designed in an interactive way. As a result of ToT workshops, GBA has built a pool of qualified trainers able to teach the courses to their colleagues. The topics for the modules were chosen based on a survey of GBA member lawyers. Prior to the training, USAID/PROLoG hired Georgian legal experts Giga Batlidze, Maka Nutsubidze and Levan Meskhoradze to develop model courses on the above topics. The workshops involved a mixture of individual exercises and small group activities. The participant trainers-to-be were assigned to prepare presentations, which were evaluated by the experts after the workshops. Starting in July, GBA will start delivering the abovementioned Continuing Legal Education courses to its members.

Legal expert Giga Batlidze speaks on persuasive writing

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Annual Trial Advocacy Competition Held for Students

On June 23-24, under the framework of its USAID-funded EWMI/PROLoG grant, Free University Tbilisi organized the National Trial Advocacy Competition for students. This was the seventh year the competition has been held in Georgia. The competition uses a mock trial format, which allows students to play the roles of prosecutor and defense attorney in a hypothetical criminal trial and helps students learn the art of case preparation and courtroom advocacy. This year teams from Georgian National University, Tbilisi Open University, Free University of Tbilisi, Sulkhan-Saba Orbeliani Teaching University, Technical University of Georgia, Ilia State University, and two regional universities, Akaki Tsereteli State University (Kutaisi) and Batumi Shota Rustaveli State University, competed for the title of national champion. The competition was judged by representatives from the Prosecutor’s Office of Georgia, practicing lawyers, and judges from the Tbilisi City Court. The teams from Georgian Technical University and Ilia State University competed against each other in the finals, with the team from Georgian Technical University being declared national champion. The award ceremony was attended by U.S. Mission to Georgia Chargé d’Affaires Elizabeth Rood, Deputy Chairperson of the Supreme Court Vasil Roinishvili and others, who congratulated winning teams and encouraged students to participate in similar activities.

Participating teams, judges of the competition and honored guests

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