December 31, 2018 Promoting Rule of Law in Georgia

PROMOTING RULE OF LAW IN GEORGIA (PROLoG)

CA # AID-114-A-15-00004

QUARTERLY REPORT YEAR FIVE OCTOBER 1, 2018 – DECEMBER 31, 2018

PROMOTING RULE OF LAW IN GEORGIA ACTIVITY (PROLoG) QUARTERLY REPORT YEAR FIVE OCTOBER 1, 2018 – DECEMBER 31, 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 January 28 2019

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

Executive Summary

Sub-Purpose 1: Strengthen Legal Framework

Judicial Reform

Parliamentary leadership cited political turbulence related to the October-November presidential election as justification for the Parliamentary Judicial Reform Working Group (PJR WG) not moving forward with the so-called “Fourth Wave” of judicial reforms. On December 16th, Salome Zurabishvili was sworn in as the first woman president of Georgia, paving the way for the new Constitution to come into force, which transformed the country into a parliamentary republic with a largely ceremonial presidency. Regarding the judiciary, the new Constitution sets the minimum number of Supreme Court justices at 28, and changes how Supreme Court justices are selected, transferring the right to propose candidates from the President to the High Council of Justice (HCOJ) (with final confirmation remaining with the Parliament). Shortly after the new Constitution came into force, on December 24th, the HCOJ rapidly nominated 10 acting judges to lifetime terms at the Supreme Court. The HCOJ’s precipitous action raised concerns and criticisms that its members had not followed any transparent or objective process in making the nominations, but rather relied on their own personal preferences and considerations. The political storm that erupted as a result continued through the end of the reporting period, and is ongoing. Ironically, earlier in the reporting period PROLoG had brought an international expert, Ales Zalar, to observe the day-to-day operations of the HCOJ, provide advice on its operations, and explain to its members why they should adopt new proposed rules of operation. Those revised rules currently remain in abeyance.

In cooperation with EU4Justice and CoE, PROLoG supported a conference on The Role of Women Judges in the Judiciary, in Tbilisi, on November 5. At PROLoG’s invitation, Judge Allyson K. Duncan of the United States Court of Appeals for the Fourth Circuit, and the incoming Vice President of the International Association of Judges, participated remotely in two panels and addressed participants on the U.S. experience with implicit bias and the impact of gender diversity in judicial decision-making.

PROLoG brought case flow management expert Brian LeDuc to assess the causes of delays and backlogs at Tbilisi City Court and Gori City Court, resulting in a set of recommended actions for the court to take to better monitor and mitigate delays and backlogs. Mr. LeDuc will be returning to Georgia in February to serve as PROLoG’s new DCOP, replacing Neil Weinstein who departed in December.

Human Rights Legislation and Policy Development

On December 19, PROLoG supported the Gender Equality Council of Parliament to organize a public presentation of legislative amendments regulating sexual harassment. The meeting was opened by First Deputy Chairperson of Parliament, Tamar Chugoshvili, and USAID/Georgia Acting Mission Director, Adam Schmidt. PROLoG expert Nino Chikhladze then presented the proposed legislative changes, according to which sexual harassment will be regulated in all public spaces and labor relations. The Ministry of Internal Affairs is designated as the enforcement mechanism in public spaces, and the Public Defender’s Office in labor relations. The role of the Public Defender’s Office in examining sexual harassment in labor relations cases will be increased through changes to the Labor Code, Civil Procedure Code, and Law on the Public Defender. The proposed legislative changes are expected to be discussed in Parliament early next quarter.

On December 11, a conference on “Women, Labor, Rights” was held in the framework of Human Rights Week 2018 to discuss existing practices and challenges in women’s pre- contractual and labor relations, as well as future prospects for reform. A draft legislative package on women’s labor rights, which was developed with PROLoG’s support, was presented by MP Dimitri Tskitishvili, who discussed pre-contractual discrimination against women, sexual harassment, maternity leave, and the lack of women’s employment in high positions. Parliament Chair Irakli Kobakhidze addressed the need to raise awareness on gender equality and improve human rights protection standards in Georgia. USAID/Georgia’s Acting Mission Director, Adam Schmidt, talked about the importance of a strong legal framework to protect human rights, including women’s labor rights. This legislative initiative is also expected to be discussed in Parliament early next quarter.

GYLA, in the framework of advocating for reform of the Administrative Offenses Code, successfully finalized the strategic litigation case of David Malania vs. the Georgian Parliament. The Constitutional Court declared unconstitutional and void restrictions on citizens’ right to appeal penalties imposed by trial courts under the Code of Administrative Offenses. The Constitutional Court’s decision is effective as of March 31, 2019, giving Parliament time to enact amendments to the Administrative Offenses Code to comply with the Court’s decision.

Civil Society Engagement in Judicial Reform and Legislative Development Process

During this quarter, the Coalition focused mainly on developments related to the nomination of 10 new Supreme Court justices, noted above. This topic became the principal issue for the Make Courts Trustworthy campaign led by the Georgian Democratic Initiative (GDI), the newly elected Chair organization of the Coalition (taking over from Transparency International). As a result of the Coalition’s advocacy, Article 205 of the Rules of Procedure of the Parliament requires the Legal Committee of the Parliament to create a working group to assess candidates for membership on the Supreme Court in accordance with criteria provided for in the Constitution of Georgia and other laws.

The Coalition boosted its presence in social media by developing and circulating short, accessible videos regarding the selection of the Supreme Court justices, based on Coalition statements. PROLoG supported this process through a targeted grant to GDI, which also started working on videos that describe the process of selecting U.S. Supreme Court justices, based on the selection of Justices Kavanaugh, Ginsburg, and Scalia. The videos will be published on the Make Courts Trustworthy Facebook page.

Sub-Purpose 2: Improve Management of Justice System Institutions

Legal Aid Service

On November 13-15, 2018, with PROLoG’s co-support, the third biennial global conference on Access to Legal Aid in Criminal Justice Systems was held in Tbilisi. This conference brought together over 270 participants from more than 60 countries who are legal aid policy makers and practitioners from Ministries of Justice, the judiciary, public defender offices, bar associations, offices of public prosecution, and international organizations, as well as legal aid lawyers, community-based paralegals, civil society members, and other experts to share and build upon successful strategies for delivering effective criminal legal aid services. At the end of the conference, the Tbilisi Declaration on the Implementation of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems and Progress on ‘Access to Justice for All’ of the 2030 Agenda on Sustainable Development was adopted.

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

GYLA provided commentaries on legislative amendments initiated by the Government of Georgia on the Code of Administrative Violations, Criminal Code of Georgia, the Law on the Fight against Drug-related Crimes, and the Code of Juvenile Justice. GYLA’s suggestions specifying the definition of consumption of cannabis, private places where consumption is allowed and public ones where it is prohibited, and the obligations of managers of public institutions where incidents of consumption are detected were considered in the amendments to the Law on the Fight against Drug-related Crimes.

GYLA’s suggestions were also reflected in amendments to Parliament’s Rules of Procedure of related to oversight of the execution of ECtHR judgments. GYLA successfully advocated for the inclusion of a provision obliging Parliament to oversee cases that are decided based on unilateral declaration (accepting that convention was violated) by the state.

Sub-Purpose 3: Enhance Capacity of Legal Professionals

In cooperation with its CSO and academic partners, PROLoG engaged in the Global Campaign of 16 Days of Activism Against Gender-based Violence (see also Sup-Purpose 4), as well as the Annual University Human Rights Law Week, including the 2018 Human Rights Activist Award. Free Uni, with PROLoG’s support, coordinated these activities with other law schools and partner institutions. PROLoG also supported two moot court competitions for students and the launch of a live-client Human Rights Clinic at Ilia State University.

Based on PROLoG recommendations, the GBA General Assembly adopted amendments to the Rules of its Disciplinary Proceedings, requiring that the period of publication of the names of disciplined lawyers be proportional, depending on the disciplinary measure determined by the Ethics Commission.

PROLoG continued its support to the GBA’s CLE program by providing training to more than 400 lawyers on four PROLoG-supported modules on human rights topics; the trainings were provided in Tbilisi, Kutaisi and Batumi.

PROLoG, in cooperation with the EU, organized the first set of human rights trainings for judicial assistants, reaching 46 judicial assistants from all over Georgia.

During this quarter PROLoG brought its first U.S. judges to Georgia for extended mentoring of civil and administrative judges. Judge Tim Baland was at Tbilisi City Court from September 17 to October 5, and Judge Ken Stuart had a two-week placement at Rustavi City Court from September 23 to October 5. In addition, Judge Stuart met with HCOJ Secretary Mikautadze to discuss ways to improve the communication skills of judges. Both Judge Baland and Judge Stuart had a joint meeting with the HCOJ Secretary, the Court Chairs of Rustavi and Tbilisi City Courts, and the Chair of the Tbilisi City Court’s Civil Chamber to discuss the U.S. judges’ observations, areas where they saw a need for change, and other issues relating to court system improvement. PROLoG began working with Judge Baland and the HCOJ to develop a program to train judges in courtroom communication.

In October, PROLoG brought a group of eight civil and administrative first instance judges to Washington, D.C. for a study tour of the U.S. judicial system. The majority of judges were from the regions of Georgia, and both regular judges and court chairs were included in the delegation. To date, USAID/PROLoG has brought 30 Georgian judges and one judicial assistant to the U.S., and has also brought three U.S. judges to Georgia to work with Georgian civil and administrative judges.

PROLoG launched its English Language Training Program for 30 Tbilisi-based judges. The program is designed to bring those judges who already have intermediate English to a level so that they can research legal opinions and doctrines in English and hopefully participate in PROLoG’s exchanges for English speakers. In addition, PROLoG helped arranged for 17 Peace Corps volunteers to teach English to judges in 14 regional locations. PROLoG also continued its efforts to encourage the alumni of its judicial exchanges to share their experiences with their fellow judges and judicial personnel, facilitating four information- sharing events led by judicial exchange alumni.

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

During this reporting period, PROLoG-funded legal aid organizations, including partner NGOs TI and GYLA, provided legal aid to 3,671 beneficiaries and representation to 634 individuals.

As noted above, PROLoG engaged in the global campaign “16 Days of Activism Against Gender-Based Violence” by supporting a series of events to address violence against women and girls. PHR and GYLA organized a Roundtable on “Litigation and Regulation of Sexual Harassment in Georgia: Existing Practice and Challenges” to review their legal aid cases against sexual harassment, assess the challenges identified in case proceedings, and discuss the need for legislative regulations and internal mechanisms to prevent sexual harassment. GYLA organized public lectures at Telavi and Gori State Universities to discuss domestic violence and violence against women, focusing on the challenges to conducting domestic violence investigations. Union Sapari hosted a roundtable to review practices related to violence against women, based on their actual cases.

Tolerance and Diversity Institute (TDI), Free University and the Public Defender of Georgia conducted a round table discussion dedicated to two recent decision of the Constitutional Court of Georgia that found provisions of the Tax Code and State Property Law unconstitutional for creating discriminatory conditions for religious organizations.

The European Human Rights Advocacy Center (EHRAC) continued its mentorship of PROLoG’s legal aid grantees to strengthen their applications to the European Court of Human Rights and other international bodies. During the reporting period, EHRAC and PROLoG identified five cases concerning which EHRAC will continue to advise our partner NGOs. One important case, being handled by GDI, is T.T. against Georgia, pending at the ECtHR and claiming violation of Article 3 (prohibition of torture) and Article 14 (prohibition of discrimination) against T.T. as she suffered from continued physical and psychological abuse by her partner, a high ranking Ministry of Internal Affairs (MIA) official. During the life of the project HRC lawyers worked on 84 cases, mostly related to gender based violence, discrimination and domestic violence. An example of strong coordination with other legal aid grantee is the case of Jeyranova vs. Georgia, which was submitted to CEDAW by HRC and Union Sapari in cooperation with EHRAC, seeking to establish the responsibility of the state in protecting Khanum Jeiranova from gender based violence.

Under the Ilia Uni HR Chair Grant, former judge of the Constitutional Court Ketevan Eremadze continued advising legal aid lawyers on the applications they plan to submit to the Constitutional Court, meeting with lawyers to discuss topics of interest, and review their draft applications.

SUB-PURPOSE 1: STRENGTHEN LEGAL FRAMEWORK

A. Significant Results, Accomplishments, Activities

Judicial Reform

Improving legal framework

In the past reporting year a special Judicial Reform Working Group (PJR WG) was established by the Parliament to develop the “Fourth Wave” legislative amendments to reform the judiciary. PROLoG, in cooperation with other international donors, EU4Justie, CoE, and GiZ, supported the creation and work of the PJR WG providing it with technical assistance. The interest towards the PJR WG was very high from the side of the US Embassy, USAID Mission, and the Department of State. A set of recommendations prepared with PROLoG engagement was submitted to the PJR WG on behalf of the U.S. Embassy. Despite these efforts, discussions within the PJR WG did not substantially advance the progress of the “Fourth Wave.”

Salome Zurabishvili, the first woman president of Georgia, was sworn into office on December 16, paving the way for the new Constitution to come into force. Among other important changes, the new Constitution sets the minimum number of Supreme Court (SC) justices at 28, and transfers the right to propose candidates to the Court from the President to the HCOJ.

Shortly after the new Constitution came into force, on December 24, the HCOJ urgently and unilaterally nominated 10 acting judges to the SC, and on the same day submitted the list to Parliament for final approval. The manner in which the HCOJ members acted gives rise to serious concerns about whether the selection process for these life-term appointments was merit-based and transparent, as required by the Constitution. The entire process of nomination and approval took a mere half an hour. HCOJ Secretary Giorgi Mikhautadze stated at the outset that all the judge members of the HCOJ internally agreed on the 10 individuals and moved to vote for them all together, without a separate discussion or vote on individual candidates. Indeed, nothing at all was said about the candidates, no biographies or other basic information were presented or discussed, and only their names were provided. Notably, one of the candidates was Secretary Mikhautadze himself, and another was Dimitri Gvritishvili, another judge member of HCOJ. The other nominees were:

Alania Tamar- Tbilisi Court of Appeals/former HCOJ member; Gabinashvili Merab -Tbilisi Court of Appeals/Head of Civil Chamber/former HCOJ member; Sandodze Nino- Judge, Criminal Chamber, Tbilisi Court of Appeals; Tkavadze Giorgi-Judge at Tbilisi Court of Appeals/ Head of HSOJ Ind. Council; Kadagidze Nino-Judge at Tbilisi Court of Appeals /former SC Judge; Chinchaladze Mikheil-Head of Tbilisi Court of Appeals/former SC Judge; Tsikadze Mariam- Judge at Tbilisi Court of Appeals/former SC Judge; and Silgadze Paata- Supreme Court Judge, former HCOJ member.

Seven out of the 10 nominees are judges from the Tbilisi Court of Appeals working under the leadership of Mikheil Chinchaladze.

In the end, the HCOJ members voted for the entire list of 10 candidates. Non-judge members Nazi Janezashvili, Anna Dolidze and Irma Gelashvili refused to participate since they believed that procedural rules to ensure that the process be merit-based and transparent should be established prior to voting. The HCOJ’s actions led to intensive criticism from civil society (see below), as well as a public statement being issued by the non-judge HCOJ members. In addition, Eka Beselia, Chair of the Legal Issues Committee, resigned her position. Ultimately, the Chair of Parliament released a statement announcing that Parliament would not consider the nominees until its spring session, which begins in February. These

8 actions have contributed to a tense political situation and a potential split in the Georgian Dream coalition.

International Donors Coordination

On 18th of December 2018 PROLoG organized a one-day coordination meeting of international donors, USAID, and the U.S. Embassy to coordinate planned technical assistance and to discuss ways to overcome challenges with the delayed “Fourth Wave” of judicial reforms.

Management Assistance to the HCOJ

Improving rules of operation of HCOJ

In November, PROLoG expert Ales Zalar, a former judge and Minister of Justice of Slovenia, visited Georgia to assess the current practices of the HCOJ and assist the Council in improving its rules of operation. Mr. Zalar observed the day-to-day management of the HCOJ and provided advice to Council members on its operations. Mr. Zalar also reviewed existing regulations as well as proposed recommendations previously made by various international experts. At the end of his visit, Mr. Zalar led a round-table discussion on how to further improve the HCOJ’s rules of operation, indicating which of these procedures need to be addressed by legislative amendments, the bylaws of the HCOJ, or improved through practice. The discussion was based on Draft Amendments to the Organic Law on Common Courts of Georgia as suggested by PROLoG expert Judge Timothy Baland, and attached to the United States Embassy in Georgia Suggestions to the Parliament of Georgia on Main Directions of the “Fourth Wave” of Judicial Reform. The summary comments and conclusions as agreed at the meeting are presented in the expert’s written report and attachment, subsequently submitted to HCOJ.

Allocation of judges and support staff for the Georgian Judiciary (Phase II)

To facilitate the efficient functioning of the court system and improve the quality of justice, during the reporting period PROLoG and the HCOJ agreed to move forward to Phase II of a study to estimate the appropriate number of judges and staff needed in each court around the country, and to develop a methodology for conducting future such assessments. Phase II will also include the construction of a smart version of a case weighting system (CWS). This will enable the HCOJ to (1) assess the distribution of judges and staff among courts; (2) assess the impact of future changes to the composition and number of cases; and (3) further validate the estimate for the total number of judges (completed under Phase I, and reported on in last year’s Annual Report). PROLoG expert Jesper Wittrup will conduct this study in collaboration with the HCOJ and a local expert. Work will begin next quarter and is expected to be completed by October 2019.

Preliminary Assessment of the causes of reported increases in case delays and backlogs

Case flow management expert Brian LeDuc conducted an assessment of the causes of delays and backlogs at Tbilisi City Court and Gori City Court, and recommended a set of actions for the courts to take to better monitor and mitigate delays and backlogs. Mr. LeDuc visited Georgia for two weeks, reviewed available data, and held a series of meetings with more than 20 judges, as well as the court support staff in Tbilisi and Gori City Courts. He also held separate meetings with the HCOJ; Mzia Todua, Acting Chief of the Supreme Court; Nino Bakakuri, Judge of the Supreme Court and a National Correspondent at the European Commission for the Efficiency of Justice (CEPEJ); and representatives of the Department of Common Courts. At the end of the visit, Mr. LeDuc presented Giorgi Mikautadze, Secretary

9 of the HCOJ, with his initial findings and recommendations targeted to change business processes to produce improvements in judicial efficiency. The recommendations include legislative changes, a streamlined management infrastructure, an increase in the number of matters resolved by non-judges, improved data exchanges, and balanced workloads. Mr. LeDuc’s written report was submitted to the HCOJ, and the heads of the Tbilisi and Gori City Courts.

Improving Judicial Qualification Examination

PROLoG provided assistance to the HCOJ during previous quarters to improve the administration of qualification examinations, including preparation of up to thirty judicial examination test writers/evaluators by NAEC experts, update of the Judicial Examination Software, and a week-long workshop for the test writers on test validation. In the reporting quarter, the HCOJ set the date for next Judicial Examination, on January 26, 2019, and addressed PROLoG with a request to support a workshop during which the experts involved in the past consultancy will discuss with the HCOJ exam writers the psychometric analysis of the previous examination. The psychometric analysis of the tests enables experts to reconsider their approaches and refine the test questions for the following examination. It is suggested that the HCOJ will be hiring former NAEC experts involved in the previous consultancy who have recently moved to PMC consulting company, and PROLoG will be supporting the workshop by providing venue and consequent logistical assistance during a 5- day workshop outside Tbilisi.

Strategic Communication Workshop for HCOJ

On October 24 PROLoG organized a presentation on the Concepts of Strategic Communication by Vivian S. Walker for the HCOJ. Adam Schmidt, Director, Democracy, Governance and Social Development at USAID Georgia, opened the meeting. Ms. Walker, an expert in Public Diplomacy and Strategic Communication, spoke about the key elements of strategic communication and the importance of strategic communication plan.

International Conference on the Role of Women in the Judiciary

In cooperation with other donor partners, PROLoG co-organized an international conference on the Role of Women in the Judiciary. The full-day conference was held in Tbilisi on November 5. It involved representatives of the HCOJ, the Supreme Court of Georgia, judges from courts of all three instances, international organizations working with the judicial system, as well as international experts. The discussions focused on important topics, including women’s participation in the judiciary, gender stereotyping, and the impact of gender diversity on judicial decision making. Among the presenters were experts from Georgia, Europe and the United States, including judges Renate Winter, Aneta Arnaudovska, Katica Ardukovic, and Magistrate Avril Calder. At PROLoG’s invitation, Judge Allyson K. Duncan of the United States Court of Appeals for the Fourth Circuit and the incoming Vice President of the International Association of Judges, participated remotely in two panels and addressed participants on the U.S. experience with implicit bias and the impact of gender diversity in judicial decision-making.

Human Rights Legislation and Policy Development

Anti-Discrimination

In order to strengthen the enforcement of Georgia’s anti-discrimination legislation, PROLoG supported the PDO’s Equality Department to commission an analytical report on the anti- discrimination cases adjudicated by Georgia’s courts during the last three years. Local expert

Besarion Bokhashvili analyzed the common courts’ decisions on discrimination and studied case materials to reveal the structural and systemic problems in the case law of the domestic courts. The final findings of this research allow judges and practicing lawyers to identify the gaps in the case law of the national courts and determine legal solutions for problematic issues. Among other things, the study further clarified the need for legislative regulations on how the lack of reasonable accommodation can be a form of discrimination and the need for properly enforceable anti-sexual harassment regulations.

Gender Equality

PROLoG continues to support the Gender Equality Council of Parliament in improving legislation to fulfill Georgia’s international obligations in the area of gender equality and women’s rights.

On November 30, PROLoG together with UN Women, supported a high-level meeting of the Parliament’s Gender Equality Council and other stakeholders on preventing and responding to sexual harassment and other forms of discrimination. The meeting was held in the framework of this year’s 16 Days of Activism Against Gender-Based Violence, an international campaign to challenge violence against women and girls. The meeting was led by the Council and attended by representatives of the Government of Georgia, civil society, and other development partners, who discussed the definition of sexual harassment and barriers to its prevention. During the meeting PROLoG expert Nino Chikhladze spoke about proposed legislative changes to improve the legal framework for combatting sexual harassment.

On December 19, also PROLoG supported the Gender Equality Council to organize a public presentation of draft legislative amendments regulating sexual harassment. The meeting was opened by the First Deputy Chairperson of Parliament Tamar Chugoshvili, USAID/Georgia Acting Mission Director Adam Schmidt, UN Women Country Representative Erika Kvapilova, and Head of Partnership for Human Rights (PHR) Ana Arganashvili. PROLoG expert Nino Chikhladze presented the proposed legislative changes, with a commentary by representatives of the Public Defender’s Office (PDO) and the Ministry of Internal Affairs (MIA). According to the draft amendments, sexual harassment will be regulated in public spaces and in labor relations. The MIA is designated as the enforcement body for violations in public spaces, and the PDO in labor relations. Changes will be introduced to the Code of Administrative Offenses to define the term “sexual harassment,” and sanctions for relevant administrative offenses will be added. The role of the PDO in investigating sexual harassment in labor relations cases will be elevated through amendments to the Labor Code, Civil Procedure Code, and the Law on the Public Defender. Parliamentary leadership announced their plan to introduce the legislative changes in Parliament early next quarter.

On December 11, a conference on “Women, Labor, Rights” was held in the framework of Human Rights Week 2018. The purpose of the meeting was to discuss the existing practices and challenges in women’s pre-contractual and labor relations, as well as future prospects for reform. During the meeting a draft legislative package on women’s labor rights, which was developed with PROLoG’s support, was presented by Member of Parliament Dimitri Tskitishvili. MP Tskitishvili also talked about discriminatory approaches towards women during the pre-contractual period, sexual harassment, women’s insufficient labor rights, maternity leave, and the dearth of women in leadership positions in the workforce. Chairman of the Parliament Irakli Kobakhidze spoke about how important it is to raise awareness on gender equality and improve human rights protection standards in Georgia. USAID/Georgia’s Acting Mission Director, Adam Schmidt, talked about the importance of a strong legal framework to protect human rights, including women’s labor rights. Parliamentary leadership

11 expressed a willingness to initiate the discussed legislative changes during the next quarter.

Reform of the Code of Administrative Offenses

During the reporting period, GYLA in the framework of advocating reform of the Administrative Offenses Code, successfully concluded the strategic litigation case of David Malania vs. the Georgian of Parliament. GYLA argued that Articles 172 and 272 of the Code of Administrative Offenses violated Article 42 (1) of the Constitution of Georgia because decisions taken by first instance courts under those articles, including some serious offenses, were not appealable. The Constitutional Court held that this was unconstitutional in cases when: a) The decree is issued for committing a serious offence (i.e., one that includes imprisonment as a potential punishment), even if only a fine is levied; or b) First instance courts interpret the norms inconsistently. The decision of the Constitutional Court is effective as of March 31, 2019, giving Parliament time to amend the Administrative Offenses Code to be in compliance with Court’s decision.

GYLA followed up the above decision by urging Parliament to set up a working group to draft the required amendments, and also recommending that the working group be empowered to address other substantive changes to the Administrative Offenses Code. As a result, a working group was created at the Legal Issues Committee of the Parliament, but limited to addressing the Constitutional Court decision. Members of the working group, which met for the first time on December 7, included staff of the Legal Issues Committee, officials of the MIA and the MOJ, and GYLA. The work of the group is expected to continue next quarter, but may be delayed due to the change of leadership of the Legal Issues Committee.

On December 12, GYLA addressed the European Court of Human Rights (ECtHR) on behalf of Zurab Japaridze, the leader of the political party "Girchi". According to the Georgian courts, Mr. Japaridze had been found to have resisted lawful requests of police officers and engaged in minor hooliganism in violation of Articles 166 and 173 of the Administrative Offenses Code, and fined 2,000 GEL. The court ruling did not include any reference to his individual responsibility or specify the offense allegedly committed. The courts also failed to examine the factual circumstances based on which the applicant's actions were deemed insulting and constituting resistance to the lawful request of the police. The Court of Appeals, in contradiction to the presumption of innocence, imposed the burden of proof on the applicant. Furthermore, the Courts did not assess to what extent the applicant's right of expression was protected. GYLA is asking the ECtHR to find that these actions violated Article 6 (Right to fair trial) and Article 10 (Freedom of Expression) of the Convention. GYLA is preparing another lawsuit to be submitted to the Constitutional Court of Georgia. The claim concerns unconstitutionality of the different terms of administrative detention during working and non-working hours;

Effective and fair system of preventive measures in criminal justice

During the reporting period, GYLA began work on a report on preventive measures that will analyze the types of preventive measures established in the Criminal Procedure Code (CPC); the types and use of alternative preventive measures in selected countries; and the possibility for their introduction in the Georgian CPC. The ultimate goal is to support legislative amendments propounding a full scale reform of the system of preventive measures in the CPC to bring it into alignment with international best practices.

Civil Society Engagement in Legislative Development Process

Advocacy to improve judicial system

During the last quarter, PROLoG continued its support for the Coalition’s advocacy activities to reform the justice system. The Coalition mainly focused on developments surrounding the nomination of the Supreme Court justices, described above, which became the principal issue for the Make Courts Trustworthy campaign led by the Georgian Democratic Initiative (GDI), the newly elected Chair of the Coalition.

As noted above, the new Constitution mandates that Supreme Court justices be nominated by the HCOJ instead of by the President, with the nominees then being elected by Parliament to lifetime terms. The Chairperson of the Supreme Court is selected for a 10-year term by the same procedure. No implementing laws or regulations were enacted to ensure a transparent procedure and clear criteria for selecting and nominating for Supreme Court justices or the Chairperson. The Coalition’s work focused on closing this legislative gap. It was successful in convincing the Parliament to partially address this problem through amendments to the Parliament’s Rules of Procedure that were adopted in December and which now (Article 205) require the Legal Issues Committee to create a working group to assess candidates for the Supreme Court (including the Chairperson) in accordance with the criteria provided in the Constitution of Georgia and/or other laws. In the December 17 statement the Coalition commended the Parliament for adopting a progressive regulation and also called for immediately amending the Organic Law of Georgia on Common Courts to ensure transparency and merit-based nature of the nomination and selection process. In the same statement the Coalition addressed the HCOJ with a demand to refrain from nominating candidates before relevant legislative amendments are adopted.

Despite these efforts, as also described above, on December 24 the HCOJ unexpectedly presented and approved a list of 10 candidates that were submitted to the Parliament. The Coalition reacted to this development through a press-conference and a statement published on December 27. The statement strongly criticized the HCOJ for not observing any procedure and also says that “a majority of the candidates nominated are associated with unlawful and unjust justice for the society. It is clear that confirmation of the nominated candidates by the Parliament will bring about a further strengthening of clan governance of the judiciary.” The Coalition believes that Parliament is in the position to mitigate the damage caused by the HCOJ’s actions if it declines the list of the candidates, immediately develops legislative amendments to establish the rules and criteria for selecting Supreme Court justices in line with the Constitution and international standards, and starts the selection process of Supreme Court justices only after adopting the legislative amendments. In addition to publishing statements, the Coalition engaged with legal professionals, former judges and human rights activists. On December 26 the Coalition members organized a meeting with these groups to discuss the problems caused by the HCOJ’s decision. They also agreed to hold additional meetings to consolidate the civil society’s efforts against unlawful actions by the dominant group of judges and their political allies in the ruling party. The participants decided that the civil society can resist the actions that are damaging to the long- term development of the Georgian court system by mobilizing public support for substantive reforms through rallies, developing specific legislative proposals, and spreading the word in media.

The Coalition boosted its presence in social media by developing and circulating videos on the topic of selection of the Supreme Court justices. PROLoG supported this process through a targeted grant awarded to GDI, which took over the Coalition Chairmanship and the leading role in the Make Courts Trustworthy campaign from Transparency International. GDI developed short videos based on the Coalition statements to make them more accessible to social media users. The videos repeat the major points of the statements. GDI also started working on videos that describe the process of selection of the Supreme Court justices in the United States. The idea is to show the public that the process can and should be thorough and

13 transparent. They also highlight the legislative body’s function to ensure that only highly qualified individuals with integrity are selected. During the quarter GDI developed scenarios for three videos with the involvement of the other members of the Coalition Steering Committee. They describe the process of selection of the justices Kavanaugh, Ginsburg, and Scalia. The videos will be published on the Make Courts Trustworthy Facebook page.

In addition to working on the judicial reform issues, the Coalition also published an assessment of the Prosecutor’s Office reform. The 2017 amendments to the Constitution changed the status of the Prosecutor’s Office (making it an independent body), creating the need for legislative changes aimed at supporting this new position and ensuring the independence of the Prosecutor’s Office. On November 30, Parliament adopted the Organic Law on Prosecution with the third reading. The Coalition statement published on December 7 analyzes various aspects of the adopted amendments and concludes that the adopted law does not address critical issues of politization of the Prosecutorial Council and excessive authority of Prosecutor General. The amendments are technical and insufficient and do not ensure harmonization of the law with the constitutional reform. Considering the fact that during the working process the Parliament made it clear that it will revisit the most important issues of composition and authority of the Prosecutorial Council after receiving the Venice Commission’s opinion, the statement expresses hope that further fundamental changes will be made with the involvement of all stakeholders. Coalition Working Group grants projects

Last quarter PROLoG monitored four grant-funded projects and awarded one new grant through the Coalition Advocacy Grants Competition. The purpose of this competition is to provide resources to the members of the Coalition to engage in joint advocacy. The projects are implemented by Georgian Democracy Initiative (GDI), International Society for Fair Elections and Democracy (ISFED), Partnership for Human Rights (PHR), Article 42 of the Constitution (Article 42), and Institute for the Development of Freedom of Information (IDFI).

GDI started implementing the “Legal and Technical Analysis of the New System of Case Distribution in General Courts” project in February 2018. The project studies the implementation of the electronic case distribution system of the common courts introduced in January 2018 to better and more equitably manage the caseload and help ensure judicial impartiality. Last quarter GDI released a report analyzing the case distribution system’s legislative framework, technical design and its shortcomings on the organization’s website. Its findings were previously presented to the HCOJ. GDI also monitored the application of the electronic case assignment system and developed a semi-annual report. The report was shared with PROLoG team and sent to the IT and Development Group at the Supreme Court of Georgia. GDI is planning to consider both PROLoG’s and the Supreme Court’s recommendations in the annual report that will be publicly presented. GDI also participated in the Parliament’s Legal Issues Committee hearing on proposals to address legislative gaps in the Civil and Criminal Procedural Codes related to case distribution in case of the recusal of a judge. The Legal Issues Committee decided to redirect these proposals to the PJR WG.

ISFED in cooperation with IDFI, has continued work on its Analyzing Judges’ Professional Education System in Georgia project. A draft of the report was produced at the end of the previous reporting period, but based on a review by an international expert (Ms. Marina Naumovska-Milerska) it was determined that further work was needed. The project team accordingly requested and was granted a no-cost extension until February 28, 2019. In order to further improve the report, ISFED requested additional information from the High School of Justice (HSOJ) and held meetings with two members of the HCOJ to better reflect a diversity of views on the HSOJ’s competence and needs for reform. The updated report was

14 shared with the Coalition Steering Committee and PROLoG for review; final findings will be reported on in the next quarter.

PHR’s Improving Data Collection and Analysis of Violence against Women in Georgia Project team have continued retrieving gender-disaggregated data from public institutions. To this end PHR had to at times resort to court to obtain data. In this reporting period, five hearings were held in four separate cases for which PHR is awaiting court decisions. In parallel, the work is continuing in researching domestic legislative gaps and international best practices and improving the final report that has already been partially drafted. PHR has been working to raise awareness of the use of the gender-disaggregated data and the shortcomings in practice. To this end it has discussed its findings so far with the Coalition, published an info graphic regarding the MIA’s General Inspection Office’s response to complaints of domestic violence, and organized discussions with students at four universities in Tbilisi, at TSU, Ilia State University, Free University and University of Georgia and attended by 74 students. The project was set to conclude in January 2019, but PHR has asked for a no-cost extension until May 31, 2019. PROLoG will review the grounds for this request and decide accordingly.

Article 42 of the Constitution is implementing Enhancing execution of the ECtHR judgments and decisions of the UN Treaty Bodies related to criminal justice and judiciary through research and advocacy project. The project will analyze the problems identified by the international human rights mechanisms in adjudicated cases in the criminal justice sector and judiciary, and through monitoring their implementation process advocate for policy transformation. During the last quarter the grantee developed the research framework document outlining the cases and issues to be analyzed. The project team also requested information from the relevant ministries and the Supreme Court of Georgia regarding reopening of ECtHR cases in national-courts and reinvestigations started by the Prosecutor’s Office. They also reached out to applicants and lawyers involved in these cases. The project team also analyzed the Government of Georgia action plans and reports to Council of Europe Committee of Ministers (CoM), identified two issues/cases for communications to be submitted to the CoM, participated in the Parliament Human Rights and Legal Affairs Committee hearings, and held meetings with NGOs regarding the draft laws related to the execution of the ECtHR judgments.

Last quarter PROLoG awarded a grant to IDFI to produce a study on institutional organization, authority and functions of the Supreme Court of Georgia that will identify major challenges and offer recommendations for their solution. The project will specifically look into the appointment, accountability and removal of Supreme Court justices, their specialization and rules and practices of case assignment, and institutional organization and functions of the Supreme Court, paying particular attention to the role and authority of the Supreme Court Plenum. Despite a short period of time (the project started in the middle of December) the project team carried out significant work and has already had some achievements. IDFI and GYLA, which is also working on this project, developed a methodological document on appointment of Supreme Court Justices/Chief Justice and the institutional organization of the Supreme Court. The document was shared with Professor Lorena Bachmaier, an international expert who provided information on the relevant European standards. IDFI and GYLA will reflect these recommendations in a Report on Appointment of the Supreme Court Judges and Chief Justices that will be used to help the Coalition promote reforms concerning criteria and procedure for the selection of the Supreme Court judges within the framework of the PJR WG. The work carried out through the project has already helped the Coalition in its advocacy at the Parliament described above.

Support to GYLA and TI advocacy efforts

Throughout the last quarter, GYLA and TI actively participated in the Coalition’s work. TI took part in the development of statements and organization of a meeting and a press- conference in reaction to the nomination of the Supreme Court candidates by the HCOJ (see above). TI also started collecting information on the nominated candidates. The final document with the background information on the nominees’ education, work experience, financial declarations, public statements, as well as high profile cases handled by the candidates will be ready by mid-January.

GYLA provided commentaries on the legislative amendments initiated by the Government of Georgia on the Code of Administrative Violations (see above), Criminal Code of Georgia, the Law on the Fight against Drug-related Crimes, and the Code of Juvenile Justice. Some of GYLA’s suggestions were considered, including provisions specifying the definition of consumption of cannabis, private places where consumption is allowed and public ones where it is prohibited, and the obligations of managers of public institutions where incidents of consumption are detected. The other legislative initiatives have only passed the first reading. GYLA’s suggestions were also reflected in amendments to the Rules of Procedure of the Parliament of Georgia related to parliamentary oversight of the execution of ECtHR judgments. More specifically, GYLA successfully advocated for the inclusion of the provision obliging Parliament to oversee the cases that are not considered by courts based on a unilateral declaration.

GYLA continued working on the report on the cases of violence against women. GYLA revised the report based on the comments provided by PROLoG. The revisions also capture the most recent work of the MIA in this area. The release is planned in the next quarter.

GYLA also participated in three meetings on the implementation of the Judicial Strategy and Action Plan. GYLA reports that the meetings revealed that the Strategy and Action Plan are largely unimplemented. Another problem is that the civil society representatives were initially barred from participating in these meetings.

GYLA together with the other members of the Coalition met representatives of the Venice Commission concerning the pending law on the Prosecutor’s Office and judiciary. Some criticisms raised by NGO representatives in this meeting were considered in the Commission’s opinion. More specifically, the Venice Commission’s Opinion points out that the suggested amendments (into the law on Prosecutors service) do not “enhance public credibility of its independence.”

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 an opposition and/or lack of political will of both legislative and judicial leadership to reform the judiciary. The process of electing SC judges by the Parliament remains a challenge as well. PROLoG, in coordination with US Embassy, USAID, and other donors, will maintain engagement with the Parliament, MOJ, and the HCOJ on these issues.

Last quarter the Coalition encountered challenges due to the Presidential elections. The elections have presumably affected the Parliament’s work on the Fourth Wave of judicial reform because the ruling party fully engaged in their candidate’s campaign. The meetings of the PJR WG stopped. At the same time allegedly numerous violations that took place during

16 both rounds of the elections diverted the Coalition members’ attention from the judicial reform issues. The Coalition revitalized its work with the developments surrounding the nomination of the Supreme Court candidates.

C. Plans for next quarter

The following activities are expected to take place during the next reporting period: • Support a workshop of the PJR WG (if meetings resume); • Support Stage II of the judges and staff allocation study, including one visit of the expert to Georgia, one meeting of working group; engage a local expert to assist the international expert; • Support two regional meetings of the Independent Inspector with the legal community and students; support printing booklets with information on the Independent Inspector’s office work to distribute at the regional meetings; • Support a workshop of HCOJ test writers grounded on the psychometric analysis of the previous examination; • Support a meeting of judicial ethics reform working group; • Train IT relevant staff in project management; • Support the Gender Equality Council to finalize and introduce the legislative package on sexual harassment; • Hire an expert to assist the PDO to establish an effective approach to monitor the process of the implementation of human rights recommendations adopted by Parliament, as well as create a mechanism measuring final results in a qualitative and quantitative manner; • Organize thematic working meetings for representatives of the PDO and relevant state and non-state institutions to discuss challenges in the process of implementing the human rights recommendations of Parliament developed on the basis of the PDO’s report. • Work with GYLA on consolidated advocacy activity aimed to improve due process rights; • The Coalition will continue the Make Courts Trustworthy Campaign by developing and circulating videos and organizing meetings with stakeholders; • GYLA will finalize and present its report on violence against women; • PROLoG will review the applications submitted through the final round of the Coalition Advocacy Grants Program and make funding decisions; • ISFED will release the report on the High School of Justice; • PHR will finalize and release the report on data collection and violence against women in Georgia.

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

Strengthening of LAS Council

On November 12, 2018 PROLoG organized a meeting of the Legal Aid Service (LAS) Council with its expert Avrom Sherr to discuss the LAS lawyer appraisal system, and challenges faced by the LAS in establishing a quality assurance system. The chairman of the LAS Council Sophio Chachava and members of the Council Irakli Gvaramadze, Natia Chirikashvili as well as deputy Director Iraklis Shonia attended the meeting. After the discussion the group agreed that it is advisable to start with simplified evaluation and gradually move to formal system and gain support of lawyers over the time.

Third International Conference on Access to Legal Aid in Criminal Justice Systems

On November 13-15, 2018, the Parliament of Georgia and the LAS hosted the 3rd International Conference on Access to Legal Aid in Criminal Justice Systems at the Biltmore Hotel, Tbilisi. PROLoG was one of the organizers of the conference along with the following organizations: The International Legal Foundation (ILF), the Open Society Justice Initiative (OSJI), the United Nations Development Programme (UNDP), and the United Nations Office on Drugs and Crime (UNODC), the European Union (EU), the Open Society Georgia Foundation (OSGF), the Council of Europe (CoE) “Support to the Judicial Reform” Project, and the United Nations Children’s Fund (UNICEF). This three-day event was the third biennial global conference of its kind, following the inaugural conference held in Johannesburg, South Africa in June 2014, and the second conference held in Buenos Aires, Argentina in November 2016. The Conference brought together over 270 participants from more than 60 countries who are legal aid policy makers and practitioners from Ministries of Justice, the judiciary, public defender offices, bar associations, offices of public prosecution, and international organizations, as well as legal aid lawyers, community-based paralegals, civil society members, and other experts to share and build upon successful strategies for delivering effective criminal legal aid services.

Conference topics included: (1) Effective models of governance or administration of legal aid systems; (2) Mechanisms for ensuring the independence of legal aid providers and systems; (3) The role of bar associations and the private sector in legal aid, and their cooperation with public legal aid providers; (4) Good practices for measuring and improving quality of legal aid representation; (5) Standards for the monitoring and evaluation of legal aid systems; (6) Best practices for setting legal aid eligibility standards; (7) Strategies for reducing pretrial detention, including providing early access to legal aid; (8) Special measures to ensure meaningful access to legal aid for the extreme poor and for marginalized and vulnerable groups; (9) Core components of a child friendly system of legal aid; (10) Role of legal aid in restorative justice processes, mediation and alternative dispute resolution; (11) Providing legal aid to victims and others; (12) Innovations in expanding access to legal aid; (13) Innovative strategies to safeguard the rights of the accused, including plea bargaining and strategic litigation; (14) Challenges regarding the respect of legal aid and human rights in terrorism and other serious cases; (15) Developing the International Legal Aid Network; and (16) Measuring and improving access to legal aid under Sustainable Development Goal 16, target 3.

PROLoG expert Avrom Sherr spoke on the first day of the Conference on a panel dedicated to “Good Practices and Lessons Learned for Improving the Quality and Effectiveness of Legal Aid.” On the second day, he moderated a session on ‘Models and Good Practices for Monitoring the Quality and Effectiveness of Legal Aid Services,” where ensuring equal access of beneficiaries to high-quality services, importance of monitoring and evaluating the quality of legal aid and the efforts to constantly improve the quality of services were discussed.

At the end of the conference the Tbilisi Declaration on the Implementation of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems and Progress on ‘Access to Justice for All’ of the 2030 Agenda on Sustainable Development was adopted. The declaration calls upon the states, all organizations that provide, supervise and administer legal aid services, and the international community to demonstrate political will and commitment to develop and maintain high quality, effective, client-centered, independent, and holistic legal aid services for all persons without discrimination, to continue to support the full implementation of the UN Principles and Guidelines, the development of practical guidance to improve access to justice for all, with a particular emphasis on promoting quality in legal aid services.

Professional Skills Strengthening

On October 16, PROLoG organized a workshop for LAS lawyers on the defenses that may be asserted when a crime is provoked by law-enforcement institutions or other state authorities. The training also covered the role of the lawyer in determining whether there is good cause for a covert operation and whether undercover agents have remained within the bounds of their lawful assignment or have or have incited the commission of an offense that would not otherwise have been committed. Up to 20 LAS lawyers from Tbilisi, Mtskheta, Rustavi, Gori, Akhaltsikhe and Telavi attended the training. The workshop was conducted by two leading Georgian experts: David Kvachantiradze and Tinatin Tskhvediani. The need for the training was identified by the LAS lawyers through a training needs assessment. The topics covered included: European Court of Human Rights case-law on crime provocation, international standards and recommendations for the national legislation, and Georgian legislation on prohibition of crime provocation. At the end of the workshop, participants reviewed hypothetical case and a group discussion was organized.

After successfully piloting trainings for LAS lawyers during the summer (on involuntary psychiatric expertise and important matters of civil and administrative law and new amendments regulating guardianship proceedings), the LAS expressed its gratitude towards PROLoG and asked to repeat the series of the same trainings for its West Georgia bureaus. The trainings were held on October 17-19 and November 1-3 respectively. These workshops gave the opportunity for up to 35 LAS lawyers interested in the topic from East and West Georgia to attend the training. The training on involuntary psychiatric expertise included international legislation and Georgian laws on psychiatric treatment and aid, case law of the first instance and appellate courts of Georgia, types of psychiatric disease, patient’s rights, and involuntary treatment of defendants, convicts and persons placed in isolators. In addition, at the end of workshops a role play on the interrogation of a psychiatrist was conducted. The topics covered on civil and administrative law training included: initiation of legal proceedings; content of claims; consolidation or separation of multiple claims; registration and dismissal of claims; and problems and challenges of guardianships. The experts shared the best practices of Georgian courts and gave recommendations on how to deal with complicated issues.

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)

GYLA and TI continued to attend HCOJ meetings and informed the other members of the Coalition about important developments. They also drafted the table of contents for the year

2018 report to be shared with PROLoG. They will develop and present the report in the next quarter.

Court Monitoring (GYLA)

GYLA followed up the September release of its 12-th court monitoring report with additional smaller-scale meetings across the country. In Tbilisi GBA members and leadership got a tailored presentation and discussion of the issues identified specifically in relation to the defense attorneys’ practices and conduct in court. In Telavi, Gori, Kutaisi and Batumi GYLA held two meetings at each location, one for professionals and civil society representatives and one presentation at the local university, specifically aimed at law students. The presentation and discussion for the law students was highlighting issues of domestic violence and violence against women, as well as the general problematic issues, such as deficiencies in application of preventive measures. GYLA is continuing with its current court monitoring cycle, attending hearings in Tbilisi, Kutaisi, Gori, Batumi and Telavi courts. This current cycle will conclude in the next reporting period.

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 5 Target: --17 Results for quarter: - 8

(Zalar workshop with HCOJ on operation rules (November, 2018); Strategic Communication Workshop for HCOJ (October 2018); International Conference on the Role of Women in the Judiciary (November 2018); Training LAS Lawyers on Crime Provocation (October 2018); Training of LAS Lawyers on Involuntary Psychiatric Treatment (October 2018); Training of LAS Lawyers on Important Matters of Civil and Administrative Law (November 2018); Avrom Sherr meeting with the Las Council on Quality Assurance (November 2018); Third International Conference on Access to Legal Aid in Criminal Justice Systems (November 2018)

B. Key Issues and Challenges

Effectively implementing an appraisal system of the LAS lawyers remains to be challenging for the LAS management. The term of current LAS director expires in February 2019; it will be important to be able to continue effective cooperation with the new leadership.

C. Plans for next quarter

The following activities are expected during the next reporting period: • LAS Council Meeting on lawyers’ appraisal system; • GYLA and TI will write the annual report on monitoring the HCOJ.

SUB-PURPOSE 3: ENHANCE CAPACITY OF LEGAL PROFESSIONALS

A. Significant Results, Accomplishments, Activities

Enhance Professional Skills Training

Legal Research, Analysis and Writing

During 2018-2019 WP Year PROLoG plans to select an expert or group of experts through an open competition who will work with Washburn University School of Law (WUSL) faculty to develop a “Workbook on Memo and Legal Letter Writing.” During the reporting period PROLoG developed a detailed scope of work for the assignment and will make an announcement to select expert(s) who will start drafting the textbook in the next quarter.

During the reporting period Prof. Anna Dolidze submitted the first draft of her monograph on “The Judiciary of the First Republic,” which will introduce readers to the progress achieved by the First Republic in the field of judiciary and will analyze the reforms carried out by the first government from the perspective of the western (European/US) legal culture and democratic values. It will be finalized and published during the next quarter.

Legal Ethics

PRoLoG continues supporting the Legal Ethics (LE) Chair at New Vision University. During the last WP Year, the LE Chair developed a semester-long course on legal ethics for the bachelor’s degree students. The course covers ethics for lawyers, judges, and mediators/arbitrators. During last quarter, the LE Chair continued her work on a Teacher’s Manual to support the BA level course. Since the LE Chair could not finalize the manual on time, PROLoG provided a no-cost extension of the grant for two more months, to the end of February 2019.

In this quarter the LE Chair published a research paper on Publicity of GBA Ethics Commission Decisions within the Framework of Personal Data Protection. The paper provides analyses of whether the personal information of disciplined lawyers should be public or not and how to find the balance with the overlapping value of public interest. It also refers to the analysis of the court decision on the case between Georgian Bar Association and the Office of the Personal Data Protection Inspector.

The LE Chair also engaged in the Annual University Human Rights Week and organized a public lecture on Independence in the Legal Profession and the Right to a Fair Trial. The main speaker was former Supreme Court Justice Ms. Natia Tskepladze.

Moot Courts/Mock Trials

During the reporting period PROLoG supported two student moot court competitions.

On November 17-18, the LE Chair organized a National Moot Court Competition on Legal Ethics. Twenty-eight students from Free University of Tbilisi, Ivane Javakhishvili Tbilisi State University, Batumi Shota Rustaveli State University, University of Georgia, and International Black Sea University participated in the competition. The LE Chair conducted a one-day preparatory training for all participants on November 16th. The competition concept, competition rules, and basic principles of lawyers’ ethics were discussed during the training. Preliminary rounds of the competition were held on November 17, and all participating teams presented their positions on the case of an Ethics Commission moot hearing. The four teams with the highest scores in the preliminary rounds competed in the final rounds on November

18. The organizers decided in advance not to name the winning and runner-up teams, and all four teams in the final rounds were granted Certificates of Achievement.

On November 24-25 the National Institute for Human Rights at Free University Tbilisi organized the third National Moot Court Competition in Human Rights. The subject of the Competition was equality before the law and the prohibition of discrimination in the context of the LGBTQI community. The students represented a theoretical applicant and respondent before the Constitutional Court of Georgia. Thirty-nine student teams registered for the competition, and after the submission of written memoranda the eight teams with the highest scores were selected to participate in the oral rounds, which took place at the Supreme Court of Georgia. Teams from Tbilisi State University, Free University Tbilisi, Georgian Institute of Public Affairs, and Kutaisi Akaki Tsereteli State University competed against each other, with the Free University team ‘Sui Generis’ being declared the winner. The participants in the competition all received certificates and prizes, and the winner of the Best Speaker Award, Tamar Abramidze, was awarded an internship at the NGO “Georgian Democracy Initiative.”

For the third year in a row 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. Last year for the first time, PROLoG supported Ilia University Human Rights Chair to organize a competition to select students for the Georgian national team who participated at international HS MCC and won the competition. During the reporting period, Ilia University made an announcement to start selection process of students for 2019 competition. During the next quarter, four students will be selected for the national team to represent Georgia at the international competition in June 2019. Work Integrated Learning/Clinical Legal Education

On December 11, Ilia University official launched its PROLoG-supported Human Rights and Constitutional Law Clinic where Ilia students will have the opportunity to work on actual human rights cases under the mentorship of PROLoG’s Human Rights Chair and a clinical supervisor, Tamar Gurchiani. In addition to counseling clients, the Clinic’s work consists of seminars and individual project work. The Clinic works on various human rights issues including related to violations based on gender, and next year will extend to cases involving domestic violence. During this quarter 10 students worked on 11 cases.

Activities of the Human Rights Chair at Ilia State

PROLoG continues to support the Human Rights Chair at Ilia State University. During the reporting period Human Rights Chair joined the 16 Days Global Campaign against Gender- Based Violence and organized various public awareness raising activities, in particular:

“RBG” Film Screening: Members of the Human Rights Film Club hosted a screening of “RBG” with a follow-up discussion with Nino Bakakuri, Supreme Court Justice, and Laura Berger, Deputy Director of USAID Democracy, Governance and Social Development Office. “RBG” is a 2018 American documentary focusing on the life and career of Associate Justice of the Supreme Court of the United States Ruth Bader Ginsburg. After the screening students and guests engaged in the discussion and talked about the role of female judges in the American and Georgian justice systems.

Panel Discussion - “Prevention of Gender-Based Violence and Discrimination”: On November 27, the Human Rights Chair, in cooperation with the project “EU supporting the Inter-Agency Commission on Gender Equality,” held a panel discussion on “Prevention of

Gender-Based Violence and Discrimination”. Panelists were the following inspiring female leaders: Tamar Chugoshvili, First Deputy Chairperson of the Parliament, Chair of Gender Equality Council of the Parliament; Sopho Japaridze, Prime Minister’s Assistant on Human Rights Protection and Gender Equality Issues, Chair of the Inter-Agency Commission on Gender Equality, Violence against Women and Domestic Violence; Londa Toloraia, Director of Department of Human Rights at the Ministry of Internal Affairs; Patricia Rosa Garcia, Team Leader of EU supporting the Inter-Agency Commission on Gender Equality Program. Dea Goshkheteliani, a law faculty alumna and domestic violence survivor, moderated the discussion. The speakers discussed Georgian government and parliament policies regarding sexual harassment and gender-based violence, as well as legislative amendments and reforms that are underway.

Public Discussion: Nadia Murad - “The Fight against Sexual Violence”: On November 29, the Human Rights Chair organized a public discussion about one of the 2018 Nobel Peace Prize laureates, Nadia Murad. Agit Mirzoev, human rights defender and the head of the NGO ‘Centre for Participation and Development’ addressed the audience with a brief introduction to the Yezidi religion and culture. Tamar Kapanadze, the Human Rights Chair’s research assistant, discussed Nadia Murad’s struggle as an Iraqi Yazidi who was tortured and raped by Islamic State militants and later became the face of a campaign against sexual violence as a weapon of war.

The Human Rights Chair also joined the 2018 Annual University Human Rights Law Week and organized following public events aimed to raise awareness about human rights in Georgia:

Film Screening and Discussion – “I swam Enguri”: On December 6, Human Rights Film Club at Ilia State University hosted the screening of “I Swam Engrui”. The screening was followed by a discussion with Anuna Bukia, film director. “I Swam Enguri” is a documentary about a young woman who decides to find her house that she was deprived of at the age of 4 due to the war. The only chance to get to the occupied area is to cross the border, the Enguri River, secretly. Afterwards, students discussed issues related to the occupation and violations of human rights on occupied territories.

Public Lecture – ‘Where, After All, Do Universal Human Rights Begin?’: On December 10, International Human Rights Day, the Human Rights Chair hosted a public lecture – “Where, After All, Do Universal Human Rights Begin?” The lecture was specifically organized for High School students from 7 to 12th grades, to discuss Universal Declaration of Human Rights and its history and human rights issues they face at school and in public.

The Human Rights Chair also hosted a public discussion on “Constitutional Litigation in Georgia regarding Marijuana Decriminalization”. Speakers included Tamar Gurchiani, Associate Professor at Ilia State University School of Law and Human Rights Chair; Ketevan Eremadze, Associate Professor at Ilia State University School of Law and former judge of the Constitutional Court of Georgia; Vakhushti Menabde, Associate Professor at Ilia State University School of Law; and Sopho Verdzeuli, Director of Democracy and Justice Programs at the Human Rights Education and Monitoring Center. They discussed the role of the Constitutional Court in liberalizing drug policy in Georgia, and laws being drafted to comply with the Court’s decisions.

Work of the National Institute for Human Rights (NIHR) at Free University

During the reporting period, the National Institute for Human Rights at Free University finalized work on a research paper, “Personal Freedom and Autonomy According to the Case Law of the Constitutional Court of Georgia, the Federal Constitutional Court of Germany, the

European Court of Human Rights and the United States Supreme Court.” The paper was presented on December 4 in the framework of the 2018 Annual University Human Rights Law Week, with 300 copies distributed at the presentation and other events.

On October 8, NIHR organized a presentation of an amicus curiae brief to the Constitutional Court on a religious freedom case. The brief was developed by students at Free University’s constitutional law clinic with the support of WUSL. The case concerns the application of rules related to compensating religious associations for damages caused by the Soviet Totalitarian Regime that require religious denominations within Islam (Shia and Sunni Muslims) to unite or create a representative council to obtain funding for damages, but not others, such as Catholic and Armenian Apostolic Churches. The presentation was attended by the claimant, human rights organizations, students and other interested individuals.

During the reporting period NIHR also organized the Third Annual Human Rights Conference, which this year was a retrospective on the political and legal aspects of the First Republic of Georgia, in commemoration of its 100th anniversary. Noted scholars and researchers discussed such issues as Georgia’s announcement of independence in 1918, international recognition of the new Georgian state, its very progressive constitution, the relationship between church and state, and other topics with continued relevance.

PROLoG continues to support the Annual University Human Rights Law Week (HRW) that was organized during December 3-10, with the participation of 10 leading Georgian law schools. During the week, the participating schools delivered a series of public lectures and discussions on different human rights topics. The opening ceremony took place on December 3, International Day of Persons with Disabilities, and devoted public discussions to this topic. The closing ceremony took place at TSU on December 10th, where an award was given to the human rights activist selected by the universities as having made a special contribution to protecting human rights during 2018. The recipient was Keti Devdariani, a screenwriter of the acclaimed Georgian TV series “My Wife’s Friends.” This TV series is significant for the inclusive and accepting manner in which it has treated marginalized members of Georgian society, including those from the LGBTI community as well as highlighting major social issues like domestic violence, gender-based violence and many important topics that are of concern for Georgian society.

Support Publication of Human Rights Law Journal and Civil Code Commentaries

On December 5, PROLoG in cooperation with TSU, organized a presentation of the 2018 edition of the Human Rights Yearbook, “Protection of Human Rights: Law and Practice.” The Yearbook includes articles prepared by Georgian human rights scholars and practitioners on a wide range of human rights topics, including legislative regulation of sexual harassment and CEDAW implementation. More than 50 students and legal professionals attended the presentation, and within the next quarter 500 copies of the Yearbook will be distributed among universities, law firms and the judiciary.

During the last WP period, PROLoG together with GIZ, published the first and the second volumes of the Georgian Civil Code Commentary. To ensure sustainability, PROLoG and GIZ agreed to transfer responsibility for publishing the remaining four volumes to an academic institution via an open tender process. The tender was announced in July 2018, which was won by TSU. During this quarter, GIZ started drafting the contract with TSU.

Support HSOJ/Courts Training in Human Rights, Judicial Skills and Commercial Law

Human Rights

PROLoG continues to work with judicial assistants to increase their capacities and knowledge of human rights. The program started in 2016, and has already covered Tbilisi City Court, Tbilisi and Kutaisi Appellate Courts, and the Supreme Court of Georgia. The human rights program involves intensive training of both basic and practical aspects of human rights relevant to practice in Georgian courts. The program is implemented with the cooperation of EU4Justice judiciary support project and the HSOJ. From December 14-17, two two-day workshops were organized for judicial assistants from the regional courts of Georgia. The two parallel workshops were conducted by human rights experts Besarion Bokhashvili and Ekaterine Lomtatidze and addressed topics such as Article 6 of the European Convention on Human Rights (ECHR) (right to a fair trial). The workshop also built the judicial assistants’ legal writing and substantiation skills. Overall, 46 judicial assistants attended the training from various regional courts of Georgia, including Batumi, Rustavi, Akhaltsikhe, Zugdidi, Bolnisi, Gori, Telavi and Khashuri.

Court Room Communication and Management skills

In the framework of Judicial Exchange and Mentorship program and as further described below, during this quarter two former US state-court judges, Kenneth Stuart and Tim Baland, visited Georgia for two and three weeks respectively to mentor Georgian judges and to identify areas that need improvement. One of the main issues identified was courtroom communication and management skills, also recognized by the HCOJ as an area where assistance is needed. The HSOJ has a course on courtroom communication skills, but it has not been delivered in over two years and is in need of updating. Judge Baland will return to Georgia in the next quarter to provide the needed training.

Commercial law

For the past three years, PROLoG and GIZ have supported an innovative certified course at the HSOJ for judges on Corporate Law and Governance in Georgia and the EU. The program consists of three two-day trainings. During the previous WP period, PROLoG and GIZ supported the final stage of a Training of Trainers course for the selected judge-trainers and organized pilot trainings. PROLoG and GIZ, at the request of the HSOJ, also expanded their support for the certified course to train court staff. Three trainings were conducted in July, September and October 2018 and were delivered independently by two judge-trainers Natalia Nazghaidze and Irma Peranidze. 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 and judicial assistants when deciding complex company law cases. 14 judicial assistants from Tbilisi City and Appellate Courts as well as Bolnisi and Gori Regional Courts attended the trainings. PROLoG will continue this support during the FY 2019 work plan period and train two groups of court staff.

Judicial Exchanges and Mentoring

At the end of the previous quarter and continuing into this quarter, PROLoG brought its first U.S. judges to Georgia for extended mentoring of Georgian civil and administrative judges.

Judge Tim Baland was at Tbilisi City Court from September 17 to October 5. During the one week covered by this reporting period, Judge Baland observed 23 judges in 34 hearings. He also held a series of small group meetings with judges to discuss his observations and possible approaches to challenges they face, including: three meetings with a total of 23 civil judges, including the Chamber Chair; a group meeting with all six Family Court judges; and a group meeting with 16 Administrative judges, including the Court Chair. Judge Baland also attended a presentation by the four Georgian judges who attended a Leadership Training program at the National Judicial College in Reno, Nevada. Judge Ken Stuart also had a successful two-week placement at Rustavi City Court from September 23 to October 5. During the one week covered by this reporting period, Judge Stuart had a follow-up meeting with the Court Chair, and both group and individual meetings with all of the judges to discuss his observations and suggestions. Judge Stuart also met with the court manager, court clerk and other court staff in Rustavi to discuss court management issues. In addition, Judge Stuart met with HCOJ Secretary Mikautadze to discuss ways to improve the communication skills of judges. Both Judge Baland and Judge Stuart also had a joint meeting with the HCOJ Secretary, the Court Chairs of Rustavi and Tbilisi City Courts, and the Chair of the Tbilisi City Court’s Civil Chamber to discuss the U.S. judges’ observations during their mentoring assignments, areas where they saw a need for change, and other issues relating to court system improvement. In addition, Judge Baland and Judge Stuart met with USAID to discuss their visit and potential ways to approach the issues they observed in the judicial system.

PROLoG then compiled Judge Baland’s and Judge Stuarts’ recommendations and provided those recommendations to the HCOJ. One of the major areas in which the U.S. judges saw a need for improvement was courtroom communication, and Secretary Mikautadze has expressed a strong interest having PROLoG assist the HCOJ to improve judges’ courtroom communication. Based on that request, PROLoG began working with Judge Baland and the HCOJ to develop a program to train judges in courtroom communication. That program will begin in the upcoming quarter.

From October 20-27, PROLoG brought another group of eight civil and administrative first instance judges to Washington, D.C. for a study visit of the U.S. judicial system. The majority of judges were from the regions of Georgia, and both regular judges and court chairs were included in the delegation. The study visit included meetings at the Federal Judicial Center and the Administrative Office of the U.S. federal courts, where participants were introduced to U.S. practices regarding judicial ethics, judicial appointments, and judicial leadership, as well as electronic filing. The participants also met with the Executive Director of the District of Columbia's Commission on Disability and Tenure, who detailed the process that ensures compliance with the Code of Judicial Ethics in the District of Columbia. The judges spent a day at the Circuit and District Courts for Prince George's County, Maryland, where they met with Judge Toni Clarke, Chair of the American Bar Association's Judicial Division, and attended hearings in the District Court's Domestic Violence Protective Order Courtroom with self-represented parties. They also visited the D.C. court system's Multi-Door Dispute Resolution Division, where they observed an actual mediation and met with both the case mediator and the Director of the Division. The group also visited the Superior Court of the District of Columbia, where they observed Small Claims Court proceedings and met with the Presiding Judge of the Civil Division. In addition, the judges were hosted by Judge Anthony Trenga, who has extensive experience with the Georgian judiciary, at the federal District Court for the Eastern District of Virginia. The participants discussed the reduction of backlogs, the value of mandatory settlement hearings and issues related to dealing with criticism of judges, and also attended hearings. To date, PROLoG has brought 30 Georgian judges and one judicial assistant to the U.S., and has also brought three U.S. judges to Georgia to work with Georgian civil and administrative judges.

In addition, in October PROLoG launched its English Language Training Program (ELTP) for Tbilisi-based judges. The ELTP, developed in close cooperation with the HCOJ and the University of Georgia’s TOLES program, is designed to bring those judges who already have at least intermediate English to a level so that they can research legal opinions and doctrines in English and hopefully participate in PROLoG’s exchanges for English speakers. Based on input from the HSOJ, 44 judges were invited to take a specially designed online placement exam. Of these, 38 judges took the exam and 34 were found to have an appropriate level for the classes; however, four judges were unable to participate because of scheduling. The remaining 30 judges were then grouped into three different classes based on their abilities. The classes are being held two times each week, with one class taught by a native speaker of English and one taught by a Georgian with a very high level of legal English. The Fall session will run from October through December 2018, and the Spring session will run from January through May 2019. The training specifically focuses on legal English – both concepts and terminology. For the judges’ convenience, two of the classes are held at Tbilisi City Court and one class is held at Tbilisi Appellate Court. In addition, with PROLoG’s involvement it was arranged that 17 Peace Corps volunteers will teach English to Georgian judges in 14 regional locations.

As discussed above, PROLoG remotely brought Judge Allyson K. Duncan to Georgia to participate in two public events focused on gender and the judiciary after Judge Duncan was forced to cancel her visit at the last minute for personal reasons; both events were organized by PROLoG, the Council of Europe and EU4Justice Project. Through a taped video presentation, Judge Duncan gave a keynote speech on the U.S. experience with implicit bias to the 100 participants at the November 5 international conference on Gender in the Judiciary. Then, through a video hook-up, she participated in a panel discussion at the same conference on the impact of gender diversity on judicial decision making. The next day, at a public lecture for students and others, Judge Duncan again appeared through her taped video presentation. The text of Judge Duncan’s keynote address and her prepared comments for the panel discussion were also distributed among participants.

PROLoG also began to prepare for its March 2019 study tour to the U.S. Eight judges were selected for the study trip and the process of planning a meaningful exchange and getting J-1 visas for the judges was started. PROLoG also began working with the HSOJ on preparations for a specialized study tour to the U.S. for the Georgian judges who mentor judicial listeners

In addition, PROLoG continued its efforts to ensure that the alumni of its judicial exchanges share the knowledge gained through the exchanges with their fellow judges and judicial personnel so as to multiply the impact of the study tours. On October 4, the four first-instance judges who attended a course on Leadership for Judges at the National Judicial College in Reno, Nevada gave a presentation to the judges of Tbilisi City Court. On October 17, the three Kutaisi Appellate Court judges who participated in the July judicial exchange to Washington, DC and San Francisco, California gave a presentation to their fellow judges. In addition, on November 9 the Chair of Poti City Court had a second information sharing activity for member of the local legal community. PROLoG’s Deputy Chief of Party participated in the presentation remotely and answered questions by video. Thirty participants attended, including judges, court staff, legal aid lawyers, prosecutors and administrative bodies, including six participants attending by video from the Khobi Magistrate Court. On November 20, Judge Madi Chantladze and Judge Khatuna Jinoria gave a presentation at Tbilisi City Court on their secondment placements in U.S. courts, the District Court for the Eastern District of Virginia and the Hennepin County Court in Minneapolis, Minnesota, respectively. Lastly, a series of presentations were held in December by alumni judges from the October judicial exchange to Washington, DC. On December 19, the three judges from Tbilisi City Court – Judges Inga Kvatchantiradze, Diana Parkosadze and Khatia Ardazishvili – held a presentation for 22 judicial clerks and judicial assistants from that court. Also on

December 19, Ararat Esoyan, Court Chair of Akhalkalaki District Court, held an information sharing session for judges and court staff at his court. Judge Esoyan discussed the importance of mandatory mediation with judges, court staff and notaries. In addition, on December 21, Judge Marika Chitashvili held an information sharing session with judges, prosecutors, lawyers, court staff and students at Akhalsikhe District Court. The discussion focused on maintaining the adversarial principle during hearings, jury selection, and the advantages of mandatory mediation. Finally, on December 25 Judge Sopio Gagnidze organized an information sharing meeting with judges, judicial assistants, clerks, prosecutors, lawyers and city municipality representatives. Judge Gagnidze discussed the U.S. federal judicial system, the system of disciplinary proceedings, and courtroom management techniques.

Support GBA Training in Human Rights

PROLoG continues its efforts to enhance the GBA’s training capacity in the area of human rights. As a part of this effort, in the previous WP Year PROLoG developed four course modules for GBA: 1) case law of the European Court of Human Rights concerning Georgia (civil and administrative), 2) case law of the European Court of Human Rights concerning Georgia (criminal) 3) role of the fair trial in the protection of property rights, and 4) persuasive legal writing. PROLoG then conducted Training of Trainer workshops for GBA trainers on these topics, as a result of which GBA has built a pool of 30 qualified trainers. During this quarter GBA trainers delivered 23 CLE trainings to 439 lawyers on these courses.

In November, PROLoG announced an open call competition to select experts who will develop new CLE modules for GBA on the following topics: a) Freedom of Religion and Protection of Religious Minorities; b) Protection of Minority Rights; and c) Gender Equality. Experts are expected to prepare a six-hour model courses on the above topics for practicing lawyers, and then prepare GBA trainers to deliver the course to GBA members. The courses will raise the awareness of lawyers on these issues and provide them with necessary knowledge, skills and competencies to protect their clients’ rights in domestic courts. The courses will be developed, and ToTs will be conducted in the next quarter.

The GBA Training Center has had new leadership since the beginning of 2018. The new leadership approached PROLoG with a request to support the GBA Training Center to improve its CLE services. PROLoG plans to hire an IT company to modify the software package developed by USAID-JILEP for HSOJ in 2015 to manage the GBA CLE system. The software package will include a web platform made up of “portals” for the special use of GBA members. The portal will allow lawyers to see their training program calendar, receive ‘alerts’ regarding class changes, receive class assignments, and view their evaluation results and class ranking. Moreover, the portals will be used to register for training events and evaluate trainings. Overall, the software package will allow the GBA to communicate with lawyers with greater ease and efficiency and make the GBA Trainings Center’s operations more transparent. During the reporting period GBA management, PROLoG, and the IT company “Idea Design” (which developed the HSOJ’s software in 2015) had several meetings to agree on the detailed technical assignment. Modification of the software will begin in the next quarter.

GBA Institutional Strengthening

PROLoG continued its grant and technical support to the GBA to strengthen its Ethics Commission, improve admission to the bar through internship programs, and strengthen advocacy skills through a CLE program.

Ethics Commission Support

On December 23, the annual general assembly of the GBA was held at Tbilisi State University, attended by 288 lawyers. The Ethics Commission proposed to the General Assembly amendments to the Disciplinary Proceedings with regard to the period of publication of names of disciplined lawyers, making the period proportional to the disciplinary measure, as was recommended about two years ago by the Personal Data Inspector. The proposed amendments, also developed with advice of PROLoG experts, were unanimously adopted by the General Assembly. According to the new rules, the personal data of a lawyer in case of termination of disciplinary proceedings, refusal to commence disciplinary proceedings, acquittal, or private letter of recommendation against lawyer will not be published. The decisions of the Ethics Commission will be published on the webpage of the Association from the date it enters the legal force with the lawyer’s personal data (name, last name, registry list number), according to the following rules: a) A warning against a lawyer will be published with lawyer’s personal data for 18 months; b) A suspension of a lawyer’s right to practice will be published with lawyer’s personal data for two years following renewal of membership in GBA; and c) Termination of membership in the GBA will be published with the lawyer’s personal data for 5 years. After the expiration of determined periods the decisions will be published but the names of lawyers will be removed.

Support Bar Examination System Development

The bar exam was administered in December Free University in Tbilisi, with 887 applicants taking the test. Out of these, 277 (177 women and 100 men) passed, making for a passage rate of 31%.

The GBA finalized drafting the manual for the bar exam test writers according to guidelines and trainings provided by PROLoG. The manual will be translated in English and submitted to PROLoG U.S. expert Jean Gaskil for recommendations and comments.

The GBA requested that PROLoG provide assistance to enable persons with impaired vision to take the bar examination because it had two blind applicants for the December examinations. PROLoG purchased a text-to-speech engine for this purpose.

Clinical Law Program in Lawyers Professional Ethics

GBA’s professional ethics clinical program launched program for the new group of students on October 10, 2018. The students of the following universities participate in the fall 2018 clinical program: Ivane Javakhishvili Tbilisi State University - 6 students of Master’s degree, Sulkhan-Saba Orbeliani Teaching University - 3 students of Master’s degree, International Black Sea University - 1 student of Bachelor's degree. Students of clinical program went through four weeks theoretical course on lawyer’s professional ethics and disciplinary proceedings. They were provided with the selected decisions and recommendations for practical work and legal analysis.

The memorandum of cooperation was signed with new university - Law Faculty of the National University of Georgia. Organizational meeting was held with the Dean of the Law Faculty of Ivane Javakhishvili Tbilisi State University to discuss the existed rules of selection of students to participate in the clinical program, its positive and negative effects and efforts to involve Bar Association more in the student selection proceedings.

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).

Year 5 Target: 1050 LOP Target: 4,000

Result for the Quarter (Unique for the project): 431 (175 Male, 256 Female) Students trained: 50 (17 Male, 33 Female) Lawyers trained: 327 (144 Male; 183 Female) Judges trained: 7 (3 Male; 4 Female) Court Personnel trained: 47 (11 Male; 36 Female)

B. Key Issues and Challenges

The term of the HSOJ director expired over the summer, and was not replaced until December. Accordingly, during this quarter PROLoG encountered difficulties obtaining decisions from the HSOJ regarding the development of potential new courses and scheduling of existing ones. In late December, a new head of the Independent Board and a new director were both selected. PROLoG will schedule a meeting with them in the next quarter to ensure continued cooperation and plan future activities.

As noted previously, it will be a challenge to find a sufficient number of judges with high- level English to participate in all of the envisioned English-language judicial exchange activities. It is hoped that PROLoG’s English Language Training Program will help to increase the pool of judges with sufficient English skills.

In June 2018, PROLoG announced a request for proposals from its judicial exchange alumni for small grants as part of its Alumni Support Program. The small grant program was designed to encourage exchange alumni to share knowledge gained and lessons learned during exchange visits; promote best practices from the U.S. judicial system; and/or work towards incorporating those best practices into the Georgian judicial system. To date, no judicial exchange alumnus has applied for a grant under the program. PROLoG will continue to encourage its alumni to apply for grants, but it may be that the workload of judges is too great for them to undertake such additional commitments.

C. Plans for Next Quarter:

The following activities are expected during the next reporting period: • Free University will organize three public lectures on various human rights topics; • ‘The Judiciary of the First Republic’ Monograph will be published; • Research on “The Principle of Proportionality in the Equality Jurisprudence of Constitutional Court of Georgia in a comparative perspective” will be finalized • Client Counseling Competition will be organized; • Selection Competition for national HS MCC team will be organized; • LE Chair will finalize Teacher’s Manual for LE BA level course; • LE Chair will conduct one professor workshop; • 2019 Judicial Winter School will be organized; • Three ToTs will be conducted on three new modules for GBA CLE; • Ethics Commission Training will be conducted on the techniques and skills needed to work effectively, organize and conduct hearings, communicate effectively and resolve conflicts;

• One human rights training will be conducted for the judicial assistants of regional courts of Georgia; • Four workshops in Courtroom Communication/Management will be conducted for civil law judges; • Eight second instance judges will participate in a March 2019 study tour to Washington, DC and Denver, Colorado; • A mentoring visit will be conducted to Georgia by Judge Anthony Trenga; and • The second term of the English Language Training Program for Tbilisi-based judges will be initiated.

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

Grants in Support of Legal Aid and Awareness Raising

In the reporting period, PROLoG-funded legal aid organizations, including partner NGOs TI and GYLA, provided legal aid to 3,671 beneficiaries and representation to 634 individuals. HRC and GDI finalized their legal aid grants and organized final report presentations. During the presentation organizations referred to the challenges they faced during the project implementation and discussed the recommendations they developed with state and civil society representatives.

PROLoG along with its partner NGOs addressed the global campaign “16 days of Activism Against Gender – Based Violence (GBV)” by series of events. GYLA organized public lectures on the topic of GBV and domestic violence, while Union Sapari met with Ilia Uni Law school students to share their experience of working on domestic violence and discrimination cases.

In the reporting period Tolerance and Diversity Institute (TDI), Free University and the Public Defender of Georgia conducted a round table discussion dedicated to two recent decision of the Constitutional Court of Georgia that found provisions of the Tax Code and State Property Law unconstitutional for creating discriminatory conditions for religious organizations. At the round-table meeting, discussions concerned the importance of the rulings of the Constitutional Court of Georgia and the ways the legislation should be amended by the parliament to ensure equality and freedom of religion.

During the reporting period PROLoG continued its mentorship programs. In coordination with EHRAC, PROLoG identified the strategic litigation cases that lawyers from the European Human Rights Advocacy Center will continue to be involved to support NGO legal aid lawyers in application and representation at ECtHR. PROLoG also continues cooperation with the Ilia University Human Rights Clinic for constitutional law mentorship program, to ensure involvement of former Constitutional Court Judge Ketevan Eremadze in reviewing the draft applications of grantees to the Constitutional Court.

Human Rights Center (HRC):

In October, the Human Rights Center (HRC), finalized its legal aid project, “Promote access to justice for women, religious and ethnic minorities in the regions of Georgia,” and held a presentation of its final report. The goal of the project was to increase access to justice for women and ethnic minority groups in Kakheti, Kvemo Kartli and Shida Kartli by addressing failures of the state to prevent and investigate domestic violence, femicide and early marriage, and failures to respond to gender, religious and ethnic-based discrimination and

31 violence. The final report focuses on the cases of gender based violence, discrimination on gender, ethnic and religious grounds, as well as on the lawsuits lodged to the Constitutional Court of Georgia, and appeals sent to the Committee on the Elimination of Discrimination against Women (CEDAW). The senior lawyer in Tbilisi office and lawyers in Kvemo Kartli, Shida Kartli and Kakheti regional offices issued 1,015 legal consultations to project beneficiaries. HRC worked on 84 cases related to gender-based violence, domestic violence and femicide and represented beneficiaries in domestic courts and different investigative bodies (prosecution, police). HRC submitted three constitutional lawsuits to the Constitutional Court of Georgia and one application was sent to the CEDAW together with Sapari in cooperation with EHRAC in September 2018 - Jeyranova vs Georgia to establish responsibility of a state in protecting women from gender based violence. In the final report HRC lawyers highlighted the challenges identified in the case proceedings on legislative and procedural level that hinders effective protection of the rights of victims of violence and discrimination and listed number of recommendations for the relevant state institutions.

Georgian Democracy Initiative (GDI):

In December Georgian Democracy Initiative (GDI) presented its final report prepared under its USAID/PROLoG-funded legal aid project, "Litigation for Equality." The project aimed to increase access to justice for women and girls and representatives of ethnic and religious minorities who are victims of domestic violence or discrimination due to some cultural or religious factors. The project was implemented in the following six municipalities with ethnic and religious minorities: Adigeni, Akhaltsikhe, Akhalkalaki, Ninotsminda, Shuakhevi and Khulo. The report analyzed the legal status of women from religious and ethnic minorities in Georgia and summarized project activities. The consultation meetings were held in 89 villages of the target municipalities and 2,014 consultations were provided by different means (phone, visit to the office, electronic mail and video-consultations). GDI lawyers were involved in litigating 29 cases related to women’s rights, discrimination and violence. GDI worked on one constitutional application together with representatives of Union Sapari to challenge the constitutionality of the Article 3 of the Law of Georgia on the Elimination of Domestic Violence, Protection and Support of Victims of Domestic Violence, according to which transgender women are not considered as females and are not able to request protection and assistance from the state. The case is pending at the Constitutional Court.

GDI in coordination with EHRAC submitted an application to ECtHR and is litigating a case of T.T. vs. Georgia to set an interesting precedent of breach of Article 3 of the Convention (in light of Article 14 – prohibition of discrimination, specifically violence against woman). GDI applied to ECtHR, requesting that the court find procedural and material violations of Article 3, as well as determination of discrimination on the grounds of gender. T.T. was victim of physical abuse by her partner, a high official at MIA, who also violated the law by using the MIA database to look up her personal information. The ECtHR registered the application and communicated with the government in June 2018 asking it to respond to specific factual questions. Government has submitted a written response and GDI is working on further steps.

Partnership for Human Rights (PHR):

During the reporting period PHR provided legal consultations to 40 individuals on topics related to domestic violence and family law issues, such as measures under restraining and protective orders, the results of violation of DV and GBV orders, sexual harassment and harassment at workplace and provided representation in 3 cases of gender based violence at the workplace, sexual harassment and domestic violence.

An important case that PHR started working on concerns fair evaluation at university. The student alleges that she became the victim of discrimination because her views on gender

32 based violence and rape differed from those of her professors, who negatively assessed her master’s thesis not for any objective reasons but solely because her views differed from theirs.

Another case is of T.J., which concerns domestic violence against a mother and child. The perpetrator used their child as a mechanism of psychological violence against his ex-partner. The perpetrator prohibited the mother meeting with or having any kind of communication with child, contrary to the decision of the Tbilisi City Court. The investigation was launched about not obeying the court decision and domestic violence against ex-partner and child. The case is ongoing.

In the reporting period PHR litigated 7 cases on harassment, representing 4 victims of sexual harassment at the PDO, two women at the common courts and one case of gender based harassment. Among these, one case is still pending and the rest have been concluded, mostly successfully.

PHR representatives were invited in media outlets at least 18 times during this period including 15 times on TV and radio shows and 3 times in print and online media. The main topics were the cases of Tatia Samkharadze and Zviad Devdariani, both concerning sexual harassment.

The last/fourth short video foreseen by the grant was prepared and released on December 2018. The video concerns child witnesses, who are victims of domestic violence and the services they are eligible to apply for.

In November, PHR and GYLA organized a roundtable on “Litigation and Regulation of Sexual Harassment in Georgia: Existing Practice and Challenges.” The purpose of the workshop was to review sexual harassment cases handled by PHR and GYLA, assess the challenges identified in case proceedings, and discuss the need for legislative regulations and internal mechanisms to prevent sexual harassment. The PROLoG expert assisting the Gender Equality Council in drafting legislative amendments made a brief presentation of a draft package of amendments that includes a definition and regulation of sexual harassment, and all parties discussed the problem of not having regulations prohibiting sexual harassment, the importance of adopting necessary legislative changes, and future steps to be taken.

Union Sapari:

During the reporting period, Union Sapari lawyers conducted 68 legal consultations with victims of violence in Tbilisi and in the regions (Zugdidi, Tsalenjikha, Kutaisi, Batumi). Sapari lawyers successfully finalized 13 cases on domestic violence, divorce, alimony and other family related matters. These cases exemplify how important access to justice and lawyers involvement are in protecting the rights and interests of victims in court and other state institutions. Psychological services were provided to 7 female victims of sexual, physical and domestic violence oriented at stabilizing the patient’s emotional condition and preparation to start reprocessing traumatic experience.

To address the campaign of 16 Days of Activism against Gender Based Violence in December Union Sapari hosted law students from Ilia State University to discuss cases of violence against women. Lawyers described their litigation experience and working practice, and shared information and knowledge on the topic of VAW.

Georgian Trade Union Confederation (GTUC):

GTUC’s Tbilisi office provided 192 and its Batumi office 38 legal consultations, and up to 58 representations. Consultations were related to the following issues: pre-contractual relations, prohibition of discrimination, OSH 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 and etc.

GTUC conducted 7 field visits in the regions of Georgia (Imereti, Dusheti, Kvareli and Samegrelo) covering the national labor legislation related to women labor rights, specifically gender discrimination provisions in the labor legislation, existing regulations and challenges with its implementation: maternity leave and reimbursement of maternity leave, remuneration of sick leave, when it is linked to the reconciliation of family life with work, gender based violence and harassment at workplaces.

GTUC accepted two new cases related to the illegal dismissal from work and discrimination based on gender and applied to the Tbilisi City court while continuing to litigate ongoing cases of illegal dismissal, discrimination at work place and other violation of labor rights.

Transparency International-Georgia (TI):

TI Georgia Advocacy and Legal Advice Centers (ALAC) operated in Tbilisi, Kutaisi, Zugdidi and Batumi. Legal aid was provided by three full time lawyers in Tbilisi, two full time lawyers in Batumi, two full time lawyers in Kutaisi and one full time lawyer in Zugdidi. During the quarter, 345 persons contacted ALAC offices. All were consulted verbally and 180 persons were provided with free legal advice. 43 of those cases were relevant to the scope and focus of TI’s activities and the ALAC lawyers represented beneficiaries directly at the courts or state institutions. TI Georgia ALAC offices successfully finalized 40 cases, 23 related to property rights disputes and 17 to illegal dismissals. Georgian Young Lawyers’ Association (GYLA):

During the reporting period, GYLA provided 3,105 consultations and 481 representations. GYLA represented victims of domestic violence before courts in administrative cases related to issuance of restraining and protective orders, as well as in criminal cases, divorce cases, child custody, alimony, and property rights matters.

GYLA represented the interests of a victim of sexual harassment against a former NGO leader before the PDO. In this reporting period, the PDO established the fact of discrimination on the grounds of sex. The PDO recommendation states that it is not necessary to establish a motive in order to identify the fact of harassment, but the sexual conduct in itself can be insulting for the victim despite the ultimate intent of the abuser. GYLA also represented E.M. against Papuna Ugrekhelidze, as he had filed a lawsuit against E.M for defamation. The PDO adopted a recommendation according to which it found that high level official of the MOJ Papuna Ugrekhelidze committed workplace harassment and discrimination against her. GYLA is also involved in E.M case at the office of personal data protection as Papuna Ugrekhelidze published a Facebook post in which he disclosed various personal data of E.M. The personal data protection inspector established the fact of violation and issued a warning against Papuna Ugrekhelidze, and ordered him to remove the post from Facebook. Papuna Ugrekhelidze appealed this decision to the court, which upheld the decision of the personal data protection inspector. Based on the application the inspector issued a recommendation to the Public Registry of the MOJ to adopt regulations to provide better protection of personal data kept in the agency.

GYLA filed an application with the Constitutional Court on behalf of Zurab Japaridze to demand eight articles of the Code of Administrative Offences be declared unconstitutional. (Described above under Sub-purposes 1.1).

GYLA has also applied to the Constitutional Court with an application on behalf of Ana Dolidze. The case concerns the organic law “On the Common Courts’’, which enable candidates for judicial position to disqualify a member of the HCOJ due to partiality and non- objectivity. Ana Dolidze claims that she was unfairly removed from reviewing the nominations of 14 judicial candidates due to her stated views of other judge members of the HCOJ, in violation of Article 29 (2) of the Constitution.

In October 2018, the Constitutional Court announced its decision in a case filed by GYLA, David Malania v. the Georgian Parliament), finding that denial of the right to appeal in certain cases under the Code of Administrative Offenses is unconstitutional. (Described above under Sub-purpose 1.1.). On December 14, 2018 the Constitutional Court also ruled that the words of Article 56 (5) of the Code of Criminal Procedure, which, upon the superior prosecutor`s denial, prohibit a person’s right to appeal, to be unconstitutional.

On 27 July 2009, the applicant, Rusiko Maisuradze with help from GYLA lodged an application before the ECtHR concerning the lack of adequate medical treatment with respect to her son’s multidrug-resistant tuberculosis, his eventual death in the prison hospital, and the subsequent criminal investigation. In December 2018, the Court ruled (Maisuradze against Georgia (application no. 44973/09) that the applicant’s son was deprived of effective medication for a prolonged period of time, which resulted in irreversible changes in his condition and led to his death. Furthermore, the Court found a breach of the Government’s positive obligation to protect the son’s right to life and the procedural obligation to ensure an effective investigation into his death, in breach of Article 2 of the ECHR.

Human Rights Monitoring and Education Center (EMC):

During the reporting period, EMC provided consultations on 12 cases. The cases concerned: denial of residence permit to foreigners; arbitrary registration of the lands belonging to the countryman to the church in village Dertseli; denial of granting Egyptian immigrant status; registration and superimposition of the old mosque; rights of transgender persons; violence against Muslim imam in Kvemo Kartli region; and ethnic discrimination in schools in Marneuli.

EMC also submitted an application to the Constitutional Court related to the practice by the Prosecutor’s Office of using overly complicated standards for granting the status of victims/victim’s legal successor and the problem of limited procedural rights of the victims in contradiction of Article 42 of the Constitution. In addition, 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 process.

Batumi City Court heard the complaint of the Public Defender of Georgia concerning the failure to fulfill the PD recommendation on the elimination of discrimination by the City Hall of Kobuleti municipality in the case of Muslim boarding school in Kobuleti. In particular, LLC "Kobuleti Water" (municipal enterprise) and Kobuleti Municipality City Hall have not provided the students sewage services since 2014. Batumi City Court fully granted the Public Defender claim. EMC was represented interest of the boarding school.

Deacon Giorgi Mamaladze, who had been convicted of planning the assassination of a high ranking fellow clergyman, contacted EMC arguing that his right to religious expression was being restricted during his imprisonment. Namely, Deacon Mamaladze was denied access to the prison chapel, and the right to wear religious dress and offer holy water and bread. EMC contacted the director of the penitentiary institution and asked him to allow the Deacon to

35 participate in religious rituals and exchange his right to walks once a week for the permission to spend the time for prayers in the chapel and to wear religious dress. The director denied this request, which decision EMC believes to be unlawful and arbitrary. EMC has brought this issue to the attention of the PDO.

In December, EMC organized lectures for the activists of non-dominant ethnic and religious communities on the issues of nationalistic politics and social justice. The lectures included topics such as nationalism theories, Soviet national politics, dynamics of integration politics in Georgia, and Georgia’s international obligations in terms of integration.

EMC is also developing a document outlining Georgia’s international obligations and well- established international standards in terms of integration politics and ethnic/national minorities’ rights. The guideline is composed of five key sections: 1) the problem of the lack of “ethnic minority” definition in Georgia; 2) overview of Georgia’s international commitments concerning the protection of minorities’ rights, as well as its key legal obligations on a domestic level 3) a comprehensive analysis and overview of the rights that are specifically applicable to ethnic minorities or the rights that gain specific meaning within the context of ethnic minority protection; 4) analysis of international standards related to the economic and social rights of ethnic minorities; and 5) an overview of the applicable protection mechanisms at the international level, which include judicial, quasi-judicial and non-judicial means. EMC will finalize the document early next quarter.

Tolerance and Diversity Institute (TDI):

Legal Aid Grant: During the reporting period TDI delivered 34 legal consultations and 11 representations.

TDI reports an alarming increase of newly formed racist, extremist and neo-nationalist groups in Georgia. Neo-Nazi groups have become particularly active on social media.

During the reporting period, TDI started working on two new criminal cases regarding racially motivated hate crimes, and represents the interests of victims of verbal abuse and physical violence. In the case of G.M., TDI addressed the prosecutor’s office, the MIA, and its Human Rights Department. As a result, G.M. has been granted the victim status and the perpetrator has been arrested. To note, granting of victim status, giving to crimes relevant qualification and prosecution had been problematic, and so this success is particularly important.

TDI jointly with Tbilisi Free University Legal Clinic prepared two new constitutional suits on property rights and tax inequality affecting religious minority organizations in Georgia. During the reporting period, TDI held several meetings with Tbilisi Free University representatives to agree on the final versions of the claims. Both claims are now finalized and ready to be discussed with the leaders of religious minority organizations.

TDI conducted a field visit to Adjara to hold meetings with local religious organizations, non-governmental organizations, and media at the American Corner Batumi to inform them of two important rulings of the Constitutional Court on discriminative provisions of the Tax Code and the State Property Law adopted by the Court on July 3. TDI also met with the media, students and representatives of Adjarian government, local NGOs and religious organizations in order to identify the challenges that religious, ethnic and racial groups face. While in Batumi TDI representatives met with Levan Jashi, head of administrative department of Government of the Autonomous Republic of Adjara, Gogi Putkaradze - advisor of Donor relations and Lasha Khozrevanidze - Advisor on International Relations Issues.

The execution of Constitutional Court decisions on TDI’s claims regarding tax and property inequality (decisions of July 3, 2018) were discussed at Parliament during the reporting period. The Court had given Parliament 6 months to amend legislation to comply with its decisions. In December 2018 the chairperson of the Legal Issues Committee held a meeting regarding the execution of Court’s decisions and amendments to the tax code and state property law. Following statements made by some MPs and representatives of the State Agency for Religious Issues and the GOC Patriarchate, TDI was concerned that the laws would be amended in a way that would still create discriminatory conditions for religious organizations. Therefore, TDI advocated to postpone the discussions, to make it more transparent and inclusive - with participation of claimants, all religious organizations, NGOs and field experts. As a result, the laws were not amended in December 2018 and the process was postponed for further discussions in 2019. Relatedly, TDI, Free University and the Public Defender of Georgia conducted a roundtable discussion dedicated to two recent decision of the Constitutional Court of Georgia that found provisions of the Tax Code and State Property Law unconstitutional for creating discriminatory conditions for religious organizations. TDI and the participants discussed the importance of the rulings, and how legislation needed to be amended as a result. Various religious leaders spoke about the importance of the rulings and called on Parliament not to make hasty decisions on the amendments and to make the process of discussions transparent and inclusive.

Awareness Raising Grant: TDI is also implementing a grant, “Promoting Diversity Enhancing Dialogue and Empowering Minorities and Women,” to raise public awareness throughout the country 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 164,000 views and 9,200 likes, and during the reporting period the Facebook page gained 1,622 new page likes. The mini documentary video on a Nigerian Girl in Tbilisi received great interest from Facebook users and has 1,1K likes; a photo story about Zacheus and Julieta also gained 1,000 likes; and an article about Catholics in Georgia received the most interest from readers (205 Likes). 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, and have been interviewed by journalists and invited as guest speakers by other civil society organizations.

TDI submitted its videos produced in 2017 and the project Images of Diversity for the 2018 ADAMI Media Prize in and video Hurie, became the finalist of the contest. The video was screened during the award ceremony in Moldova and broadcast in five countries. In November 2018, the director and the project were awarded nominee certificates.

In October and December TDI published two mini documentary videos, one video about Sri Lankan citizen Tharaka Srinatha Dunuwilan, who now lives and works in Georgia. He shares his impressions about Georgian culture, hospitality, and the problems encountered by foreigners due to state policy and the xenophobic attitudes of some Georgians. Another video is about Ala Mamariani of the Yazidi community in Georgia, who discusses the history and traditions of the Yazidi community and provides an overview of the obstacles and problems community members have encountered in modern Georgian society.

TDI also prepared a graphic video about Ethnic Armenians living in Georgia. The video reviews the history of Armenians in Georgia and introduces ethnic Armenians who contributed to the history, culture and social life of Georgia, and tells the story of state discriminatory policy regarding unreturned houses of worship, seized during the Soviet times. With co – funding of Evangelical-Lutheran Church, TDI prepared a German version of the graphic video about Evangelical-Lutheran Church in Georgia. The video summarizes the history of Evangelical-Lutheran Church in Georgia and presents its social and charitable work.

TDI prepared photo story about Aaron Charles, a dance teacher of African-American origins who now lives and works in Georgia. He speaks about his personal experience in Georgia and published photo story reflecting Christmas celebration traditions of different Catholic and Protestant denominations.

In October 2018 TDI announced the contest for high school and university students. Throughout the contest, participants were to prepare multimedia products, blogs, videos and photo stories reflecting the everyday lives and problems of ethnic and religious minorities living in Georgia. In order to disseminate information about the contest, TDI visited five schools in Tbilisi. In October 2018, TDI visited Batumi and held a presentation and the video screening at Public School #16 in Batumi. TDI has received more than 40 applications, mostly blogs and photo stories and videos, both from Tbilisi and the regions. In December 2018, TDI identified 6 winners of the contest to promote their efforts to explore the cultural diversity and the problems they highlighted in their materials.

Support Community Councils’ Project

On October 15th, the 10th and final informational meeting was conducted in Akhaltsikhe. The Member of Parliament, representatives from Ombudsman’s office and Human Rights Department of the Ministry of Interior participated in the meeting. The following themes were covered during the meeting: women’s rights, political involvement; economic strengthening; and anti-discrimination mechanisms. The speakers also met and discussed these topics with students from the University of Akhaltsikhe.

On October, 6 Focus Groups were conducted in Marneuli and Rustavi CCEs. Focus Group participants were the residents of Marneuli (villages: Taqalo, Tsereteli, Algeti, Tsiteli Sopeli, Tamarisi, Khojoni, Sabirqendi, Khikhani), Rustavi and Gardabani; Each group consisted of 8-10 participants. Group members discussed early marriage and family violence issues in the context of traditions established in two different parts of Georgia shared their experiences and recalled stories they have encountered within their communities; talked about the positive and negative sides of early marriage and gave arguments to each of them. Focus group research targeted four different groups in each region: school boys and school girls of age 15-18, were interviewed as two separate groups; representatives of self-government bodies and school teachers.

In total, during the project cycle Focus Group meetings were held for 12 groups, in 2 regions of Georgia – Adjara and Kvemo Kartli (7 Municipalities), with the participation of 116 people. In November video/audio records of twelve FG meetings in Batumi, Marneuli and Rustavi were transcribed, analyzed and the draft report was prepared.

Monitoring and Evaluation

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

Year 5 Target: 180 LOP Target: 750 Quarter results (unique for the project): 0

B. Key Issues and Challenges

The challenge for PROLoG is to assist legal aid grantees to conduct their activities as foreseen by the project and identify strategic litigation cases appropriate to PROLoG’s purposes. PROLoG will work on no-cost extensions of EMC legal aid grant without making changes to the scope and advising on additional activities organization can carry out within the extended period.

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 no-cost extension of EMC legal aid grant; • Continue monitoring of awareness raising grant and identify the phase of its implementation process as its finishing in March; • Continue working with constitutional law mentors to ensure effective communication with partner NGOs on their potential and ongoing applications to the Constitutional Court; • Continue working with EHRAC to ensure effective communication with partner NGOs on their ongoing cases; • Cooperate with partner NGOs to plan activities related to women’s rights to be conducted in March – Women’s History Month; and • Final presentation of NCCE project results.

Annex 1: Success Stories

Second Georgian Civil Judge Sent for Secondment in U.S. Court

USAID/PROLoG, as part of its expanded judicial exchange activities, sent its second Georgian civil judge to the U.S. for an intensive “secondment” placement in a U.S. court. Judge Madi Chantladze of Tbilisi City Court spent September 24-28 at the Federal District Court for the Eastern District of Virginia outside Washington, D.C. Judge Chantladze was hosted by the U.S. Judge Anthony Trenga, who previously visited Georgia to work with Georgian judges. The schedule for Judge Chantladze was intensive. She attended civil as well as administrative hearings, and attended case settlement proceedings using court mediation. Judge Chantladze also researched disciplinary procedures for judges, cases of using ancillary attachment, and intellectual property-related disputes. With the help of the manager of the federal District Court, Judge Chantladze also learned about the electronic case distribution system. As part of the secondment Judge Chantladze also attended the 30th Annual Intellectual Property Seminar organized by the Intellectual Property Center. During the last day of the visit, at an informal dinner, Judge Chantladze and U.S. judges discussed the friendly relations between Georgia and the United States, and expressed readiness for future cooperation. Judge Chantladze expressed her gratitude to the USAID/PROLoG team for its excellent organization of the secondment. She also thanked the judges and court staff of the Federal District Court for the Eastern District of Virginia for hosting her and creating a fruitful working environment.

USAID/PROLoG Brings Two Long-Term Mentor Judges to Georgia

USAID/PROLoG, as part of its expanded judicial exchange activities, brought two highly experienced U.S. judges to Georgia for extended mentoring of the civil and administrative judges in Tbilisi and Rustavi City Courts. In late September and early October, Judge Tim Baland, who has extensive experience working on judicial reform in Georgia, spent three weeks observing and mentoring judges in Tbilisi City Court. Judge Ken Stuart, who also has worked on judicial matters in Georgia, spent two weeks during that period working with the judges at Rustavi City Court. Both Judge Baland and Judge Stuart had group and individual meetings with the judges they mentored, providing guidance on judgeship skills and courtroom procedures. Judge Baland and Judge Stuart also met with the High Council of Justice and Court Chairs to discuss their observations and possible ways to improve the performance of Georgian judges. In addition, Judge Stuart met with the High Council of Justice to discuss possible training for Georgian judges on courtroom communication skills. Judge Baland and Judge Stuart also met with the mentor judges who help train Georgia’s judicial candidates to discuss ways of improving the mentor program in Georgia. In addition, while Judge Baland was in Georgia, the four alumni from USAID/PROLoG’s judicial exchange to the National Judicial College (NJC) in Reno, Nevada made a presentation to their fellow judges on what they learned from their “Leadership for Judges” course at the NJC.

HRC Conducts Training for NGO Lawyers Working on Gender-based Violence Cases

On October 9-10, the Human Rights Center (HRC), under the USAID/PROLoG-funded legal aid project “Promote access to justice for women, religious and ethnic minorities in the regions of Georgia,” organized a two-day training for NGO lawyers working on gender-based violence cases. The training was attended by 15 lawyers from various non-governmental organizations. The main topic of the training was “empowerment of human rights defenders in the process of advocating the cases of gender-based violence victims.” The training was led by psychotherapists Maia Tsiramua and Ketevan Mgebrishvili from the Georgian Center for the Psychosocial and Medical Rehabilitation of Torture Victims (GCRT). The aim of the training was to assist lawyers to develop skills for effective communication with victims of violence and to deal with professional stress. The participants were pleased with the interactive training and expressed their desire to continue similar trainings for them, their colleagues, and other professionals.

HRC Training - “Empowerment of Human Rights Defenders in the Process of Advocating the Cases of Gender- based Violence Victims”

Legal Aid Service and Registry Lawyers Trained on Crime Provocation

On October 16, USAID/PROLoG organized a workshop for the lawyers of the state-funded Legal Aid Service (LAS) on crime provocation and the defenses that may be asserted when a crime is provoked by law-enforcement institutions and state authorities. The training also covered the role of the lawyer in determining whether there was good cause for a covert operation and authorities remained within the bounds of their undercover work, or if they incited someone to commit an offense that he or she would not otherwise have committed. LAS lawyers from Tbilisi, Mtskheta, Rustavi, Gori, Akhaltsikhe and Telavi attended the training. The workshop was conducted by two leading Georgian experts: David Kvachantiradze and Tinatin Tskhvediani. The need for the training was identified by the LAS lawyers through a training needs assessment. The topics covered included: European Court of Human Rights case-law on crime provocation, international standards and recommendations for the national legislation, and Georgian legislation on prohibition of crime provocation. At the end of the workshop, participants reviewed hypothetical case and a group discussion was organized. USAID/PROLoG has been working to build the institutional capacity of the LAS, and to strengthen the quality of legal assistance provided by its lawyers to the socially indigent population of Georgia, since 2015. This meeting was implemented under the PROLoG component designed to improve the management of justice system institutions.

LAS lawyers being trained on crime provocation

Legal Aid Service Lawyers Trained on Involuntary Psychiatric Treatment

USAID/PROLoG organized two workshops for the lawyers of the state-funded Legal Aid Service (LAS) on involuntary psychiatric treatment. Two workshops for lawyers from all 12 Legal Aid Bureaus were held in June and October 2018. These workshops gave the opportunity for all LAS lawyers interested in the topic from East and West Georgia to attend the training. The training of LAS lawyers on involuntary psychiatric issues was recommended by the Public Defender’s Office in 2017. The trainers were Judge Tamar Khazkhomia and expert psychiatrists Nana Zavradashvili and Manana Eliashvili, who were selected through rigorous selection proceedings. The training included international legislation and Georgian laws on psychiatric treatment and aid, case law of the first instance and appellate courts of Georgia, types of psychiatric disease, patient’s rights, and involuntary treatment of defendants, convicts and persons placed in isolators. In addition, at the end of workshops a role play on the interrogation of a psychiatrist was conducted. USAID/PROLoG has been working to build the institutional capacity of the LAS, and to strengthen the quality of legal assistance provided by its lawyers to the socially indigent population of Georgia, since 2015. This workshop was implemented under the PROLoG component designed to improve the management of justice system institutions.

HRC Presented Final Report on “Access to Justice for Women, Religious and Ethnic Minorities”

On October 25, the Human Rights Center (HRC), under the USAID/PROLoG-funded legal aid project “Promote access to justice for women, religious and ethnic minorities in the regions of Georgia,” presented its final report. The report focuses on the cases of gender based violence, discrimination on gender, ethnic and religious grounds, as well as on the lawsuits lodged to the Constitutional Court of Georgia, and appeals sent to the Committee on the Elimination of Discrimination against Women. The report also presents the challenges identified in the case proceedings on legislative and procedural level that hinders effective protection of the rights of victims of violence and discrimination. The report also contains recommendations to the state institutions. Representatives of the Human Rights Department of the Ministry of Internal Affairs of Georgia (MIA) and Human Rights Defense Unit of the Chief Prosecutor’s Office presented their position regarding the problems highlighted in the report. Representatives of local and international NGOs, Public Defender’s Office, State Ministry for Reconciliation and Civic Equality of Georgia also attended the presentation and were actively involved in the discussion.

HRC final report presentation

Sapari Conducts Informational Meetings on Women’s Property Rights in Samegrelo

On October 19-20, Union Sapari, under the USAID/PROLoG funded legal aid project “Comprehensive Approach to the Violence against Women and Girls”, met the local women in Tsalenjikha and Zugdidi, Samegrelo region. The meetings were attended by 28 women, 18 in Tsalenjikha and 10 in Zugdidi. Union Sapari director Babutsa Pataraia opened each of the meetings with a presentation of the project’s goals and activities, and distributed leaflets on women’s property rights to the participants. Ms. Pataraia talked about women’s rights to property and inheritance, alimony and violence against women. Even though the Constitution guarantees women to have equal access to parent’s property, law regulations do not come in accordance with cultural values, and are not shared by society. Unlike men, women rarely demand their share in inheritance. Ms. Pataraia also spoke about alimony problems in Georgia. Parents have equal responsibilities and duties, but after divorce, fathers often do not fulfill their child support obligations. The participants were actively involved in the discussion; one woman shared her experience about alimony problems. The meeting participants emphasized the importance of raising awareness of the local community on women’s property rights, ownership rights, alimony laws and defense mechanisms.

Sapari director Babutsa Pataraia talking to the participants

Free University Hosts Presentation of the New Amicus Brief

On October 8, under its USAID/ PROLoG’s grant, Free University organized a presentation of an amicus curiae (“friend of the court”) brief. For several years now, Free University, in cooperation with the Washburn University School of Law (WUSL) (USA), has worked together on amicus curiae briefs submitted to the Constitutional Court of Georgia. Through this effort, students at Free University constitutional law clinic and WUSL work together on complex legal issues and hone their research and writing skills on cases pending at the Constitutional Court. This year Free University worked on two cases for comparative research, and the presentation concerned a brief prepared on the constitutional claim of Supreme Religious Organization of Muslims of Georgia. The case concerns the rule of implementation of some measures related to partial compensation of the damages caused by the Soviet Totalitarian Regime to religious associations in Georgia. Contested article 1.3 of the Rule requires religious denominations within Islam – Shia and Sunni Muslims to unite or create a representative council to obtain the funding for damages, whereas the same rule does not apply to Catholic and Armenian Apostolic Churches. The Constitutional Claim contends the rule in relation to Article 14 (Right to Equality) of Georgian Constitution. Presentation of amicus brief was attended by claimant, human rights organizations, students and other interested individuals.

Presentation of amicus brief prepared by Free University and Washburn University law students

Company Law Course for Judicial Assistants Completed with USAID/PROLoG's Support

USAID/PROLoG, in cooperation with the High School of Justice (HSoJ) organized three trainings on Corporate Law and Governance in Georgia and the EU in July, September and October 2018. The course was developed with the support of international and local experts retained by USAID/PROLoG and German International Development Agency (GIZ), last year, and then piloted with a team of judge-trainers. This round of trainings was conducted independently by two judge-trainers Natalia Nazghaidze and Irma Peranidze. 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 and judicial assistants when deciding complex company law cases. 14 judicial assistants from Tbilisi City and Appellate Courts as well as Bolnisi and Gori Regional Courts attended the trainings. Earlier this year USAID/PROLoG in cooperation with HSoJ offered similar set of trainings to judges as well.

Judicial Assistants attend third training in company law

Series of Workshops on Teaching Methodology of Introduction to Law Courses

During September-October period, Free University Tbilisi in the framework of its USAID/PROLoG grant conducted series of workshops on Teaching Methodology. The main goal of this activity was to develop teaching methodologies and materials for the ‘Introduction to Law’ course and improve teaching quality of the introductory courses of law through empowerment of young faculty members who teach these courses at different Universities in Tbilisi. The workshops were conducted by Free University professors David Zedelashvili and Natia Khantadze who discussed following topics: Limitations of human rights, sources of law, rule of law, historical development of human rights and constitutional human rights in Georgia. Relevant teaching methodologies and objectives for each topic were advised by Washburn professor Rory Bahadur. Workshops were attended by 15 professors and faculty members from seven different universities: Ilia State University, Caucasus University, Sulkhan-Saba Orbeliani Teaching University, Free University, International Black Sea University, Georgian Institute of Public Affairs and University of Georgia. Participants received materials with great enthusiasm and committed to use updated methodology in their courses.

Professors from different Georgian Law Schools attend Teaching Methodology workshop

USAID/PROLoG Continues to Support Public Discussions on Human Rights Issues

On October 25, USAID/PROLoG-supported Human Rights Chair at Ilia State University organized a public discussion on “Constitutional Litigation in Georgia regarding Marijuana Decriminalization”. Tamar Gurchiani - Human Rights Chair and Associate Professor at Ilia State University, Ketevan Eremadze - Associate Professor at Ilia State University and former judge of Constitutional Court of Georgia (CCG), Vakhushti Menabde – Associate Professor at Ilia State University, and Sopho Verdzeuli - Director of Democracy and Justice Program at Human Rights Education and Monitoring Center (EMC) were speakers of the discussion. The speakers talked about the role of the Constitutional Court of Georgia in the process of liberalization of drug policy in Georgia. They also discussed initiated draft laws to enforce CCG’s decisions with regard to liberalization of drug policy. The discussion was attended by fifty participants, mainly students, professors and human rights lawyers.

Ketevan Eremadze talking about recent CCG judgements

USAID/PROLoG Expert Brian LeDuc conducted a preliminary assessment of the causes of case delays and backlogs in Georgian courts.

The USAID/PROLoG supported a preliminary assessment of the causes of reported increases in case delays and backlogs in Georgian courts. For this purpose, the PROLoG expert Brian LeDuc came to Georgia for two weeks and conducted a series of meetings with more than twenty judges as well as the court support staff in Tbilisi and Gori City Courts. The expert also reviewed available data to familiarize what courts are doing to address case delays, and what data is being collected to track delays and backlogs. Brian LeDuc held separate meetings with the HCOJ members; Mzia Todua, the acting Chief of the Supreme Court; Nino Bakakuri, the Judge of the Supreme Court and a National Correspondent at the European Commission for the Efficiency of Justice (CEPEJ) and representatives of the Department of Common Courts. At the end of the visit, Brian LeDuc presented to Giorgi Mikautadze, the Secretary of the High Council of Justice his initial findings and recommendations targeted to change business processes that might produce improvements in judicial efficiency. The recommendations include legal changes, streamline management infrastructure, increase the number of matters resolved by non-judges, improve data exchanges, and balanced workload. While the recommendations presented by the Expert to the HCOJ Secretary are recognized as preliminary, USAID/PROLoG will conduct additional work on assessing the causes and finding solutions to case delays and backlogs in Georgia.

USAID/PROLoG organized a presentation for the High Council of Justice (HCOJ) on Strategic Communication

On October 24USAID/PROLoG organized a presentation on the Concepts of Strategic Communication by Vivian S. Walker for the High Council of Justice. Adam Schmidt, Director, Democracy, Governance and Social Development at USAID Georgia, opened the meeting. Vivian S. Walker, an expert in Public Diplomacy and Strategic Communication spoke about the key elements of strategic communication and the importance of strategic communication plan. A number of judiciary specific topics were discussed at the meeting, and as it was demonstrated by the open discussion, the topics captured interest of the HCOJ members. Vivian S. Walker is an outstanding expert in Public diplomacy, Strategic communication and Counter Disinformation. She is a Faculty Fellow at USC Center on Public Diplomacy, Adjunct Professor at Central European University and a Strategic Communications Advisor and Trainer in Ukraine and Georgia.

Participants of the Study Visit to Washington DC and San Francisco Share their Experience with Colleagues

In July 2018, eight civil and administrative appellate judges and one appellate judicial assistant, the winner of the USAID/PROLoG-supported first “Judicial Academy,” traveled to Washington, D.C. and San Francisco for a study tour of the U.S. judicial system. On October 17, three participants of the visit, the judges of the Kutaisi Court of Appeals who participated in the July judicial exchange, organized an extended discussion to discuss the experience and knowledge acquired during the visit. The presentation was attended by other judges of the court, judicial assistants, clerks and other court personnel, lawyers, prosecutors, and representatives of the Georgian Young Lawyers’ Association Kutaisi office. Presentations by the hosting judges focused on possibilities for alternative dispute resolution in Georgia, the judicial system in the U.S., judicial discipline in California courts, and invaluable lessons and experience acquired from observing court hearings by U.S. judges and from holding discussions with them.

USAID/PROLoG, within the framework of its judicial exchange (JudEx) activities, will continue supporting its exchange alumni in their efforts to reach out to various target groups in the judiciary system and pass on knowledge and experience acquired in the U.S.

USAID/PROLoG Organizes Third Study Tour to the U.S. for Civil and Administrative Judges

From October 20-27, eight civil and administrative first instance judges traveled to Washington, D.C. for a study tour of the U.S. judicial system. The majority of judges were from the regions of Georgia, and both regular judges and court chairs were included in the delegation. The study tour included meetings at the Federal Judicial Center and the Administrative Office of the U.S. federal courts, where participants were introduced to U.S. practices regarding judicial ethics, judicial appointments, and judicial leadership, as well as electronic filing. The participants also had a private tour of the U.S. Supreme Court, gaining access to areas of the Court that are not open to the general public. They also met with the Executive Director of the District of Columbia's Commission on Disability and Tenure, who detailed the process that ensures compliance with the Code of Judicial Ethics in the District of Columbia. The judges spent a day at the Circuit and District Courts for Prince George's County, Maryland, where they met with Judge Toni Clarke, Chair of the American Bar Association's Judicial Division, and attended hearings in the District Court's Domestic Violence Protective Order Courtroom with self-represented parties. They also visited the D.C. court system's Multi- Door Dispute Resolution Division, where they observed an actual mediation and met with both the case mediator and the Director of the Division. The group also visited the Superior Court of the District of Columbia, where they observed Small Claims Court proceedings and met with the Presiding Judge of the Civil Division, Judge J. Ramsey Johnson. In addition, the judges visited the federal District Court for the Eastern District of Virginia and were hosted by Judge Anthony Trenga, who has extensive experience with the Georgian judiciary. The participants discussed the reduction of backlogs, the value of mandatory settlement hearings and issues related to dealing with criticism of judges, and also attended hearings. To date, USAID/PROLoG has brought 30 Georgian judges and one judicial assistant to the U.S., and has also brought three U.S. judges to Georgia to work with Georgian civil and administrative judges. USAID/PROLoG organizes exchanges between Georgia and the U.S. as part of its expanded judicial exchange activities. This includes study visits for Georgian judges, intensive placements of Georgian judges in U.S. courts, trainings at U.S. judicial training centers, and multi-week placements of U.S. judges in Georgian courts.

USAID/PROLoG Continues Support to Georgian Bar Association CLE Program

USAID/PROLoG continues its efforts to enhance the GBA’s training capacity in the area of human rights. As part of this effort, in Spring 2018 PROLoG developed four course modules for GBA: 1) case law of the European Court of Human Rights concerning Georgia (civil and administrative), 2) case law of the European Court of Human Rights concerning Georgia (criminal) 3) role of a fair trial in the protection of property rights, and 4) persuasive legal writing. All courses were designed in an interactive way. PROLoG then conducted Training of Trainer workshops for GBA trainers on these topics, as a result of which GBA has built a pool of thirty qualified trainers. These GBA trainers delivered 22 CLE trainings on the new courses to their colleagues this Fall, training about 440 lawyers. In November, eight more training will be delivered by GBA trainers on these topics. The development of the four human rights courses and the training of GBA trainers take place within the framework of USAID/PROLoG’s ongoing support to GBA’s CLE program which is designed to help GBA’s Training Center strengthen its human rights instruction.

GBA trainer Aleksader Tsuladze talks on importance of persuasive legal writing

USAID/PROLoG Co-Organizes International Conference on the Role of Women in the Judiciary

A full-day international conference on ‘The Role of Women in the Judiciary’ was held in Tbilisi on November 5. It involved representatives of the High Council of Justice, the Supreme Court of Georgia, judges from courts of all three instances, international organizations working with the judicial system, as well as international experts. The discussions focused on important topics, including women’s participation in the judiciary, gender stereotyping, and the impact of gender diversity on judicial decision making. Among the presenters were experts from Georgia, Europe and the United States, including judges Renate Winter, Aneta Arnaudovska, Katica Ardukovic, and Magistrate Avril Calder. At USAID/PROLoG’s invitation, Judge Allyson K. Duncan of the United States Court of Appeals for the Fourth Circuit and the incoming Vice President of the International Association of Judges, participated remotely in two panels and addressed participants on the U.S. experience with implicit bias and the impact of gender diversity in judicial decision- making. On November 6, the main speakers from the conference held a public lecture for law students on the role of women in the judiciary. Speaking at Sulkhan-Saba Orbeliani Teaching University to an audience of 100 students, the presenters delivered the main points from the prior day’s conference and reinforced messages related to the equality of men and women in the judiciary and the importance of determination in reaching career goals. USAID/PROLoG organized the conference together with the Council of Europe project ‘Support to the Judicial Reform in Georgia’ and the European Union-funded Judiciary Support Project - EU4Justice.

Participants of USAID/PROLoG’s Judicial Exchanges Share Experiences with Colleagues

In November 2018, USAID/PROLoG’s judicial exchange alumni organized two follow-up activities at Poti and Tbilisi City Courts. On November 9, Poti City Court Chair Temur Sikharulidze organized his second presentation to colleagues on lessons learned during his USAID/PROLoG-funded judicial exchange. PROLoG’s Deputy Chief of Party, Neil Weinstein, participated in the presentation remotely and answered questions by video. The presentation focused on the current state of affairs at the court, issues parties face due to the influx of civil cases in 2018, and the importance of increasing the use of mediation in the country. The presentation was attended by 30 participants, including judges, court staff, legal aid lawyers, prosecutors and administrative bodies, including six participants attending by video from the Khobi Magistrate Court. On November 20, two USAID/PROLoG judicial exchange alumni, participants of the September 2018 secondment visits, shared experiences from their intensive placements at the U.S. courts in Minneapolis, Minnesota and Washington, DC. Judge Madi Chantladze and Judge Khatuna Jinoria delivered presentations to 28 judges of the Tbilisi City Court. In addition to their impressions from the visit, the presenters focused on valuable lessons learned in the U.S. and practices that could be successfully adopted by the Georgian judicial system. These practices include courtroom management and communication, scheduling of hearings, and an ethics advice hotline that judges can call for advice on ethical dilemmas. Director of Democracy, Governance & Social Development at USAID-Georgia, Adam Schmidt, and the Chair of the Civil Chamber at the Tbilisi City Court, Sergo Metopishvili, also attended the presentation. Mr. Metopishvili thanked USAID and PROLoG for their support and emphasized how the judicial exchanges positively affect the confidence and effectiveness of Georgian judges.

USAID/PROLoG Launches English Language Training Program for Judges

In October, USAID/PROLoG launched an innovative English Language Training Program for Judges (ELTPJ). The ELTPJ was initiated at the request of the High Council of Justice, and seeks to increase the English language ability of Georgia’s judges so that they can perform legal research in English and review legal doctrines and opinions by international bodies. It is also hoped that as a result of the ELTPJ additional judges will be able to participate in those USAID/PROLoG judicial exchange opportunities that require a high level of English, such as secondments at U.S. courts. The ELTPJ focuses on those Tbilisi-based judges who already have an intermediate level of English. Thirty judges signed up for the training program, which consists of two sessions: a Fall session that will run from October through December 2018, and a Spring session that will run from January through May 2019. The ELTPJ is implemented by the University of Georgia’s TOLES Legal English Center, and specifically focuses on legal English – both concepts and terminology. Through this process, the 30 participating judges will both improve their English language skills and also their understanding of the concepts and principles that underscore the American legal system. The ELTPJ trainings take place two to three times weekly, and are held at the Tbilisi City and Appellate Courts. In addition to the ELTPJ, USAID/PROLoG facilitated a partnership between the High Council of Justice and Peace Corps through which judges at 14 regional courts will receive English language training from 17 Peace Corps volunteers.

USAID/PROLoG Supports National Moot Court Competition on Legal Ethics

From November 16-18, the USAID/PROLoG-funded Legal Ethics Chair at New Vision University organized a National Moot Court Competition on Legal Ethics. Twenty-eight students from Free University of Tbilisi, Ivane Javakhishvili Tbilisi State University, Batumi Shota Rustaveli State University, the University of Georgia, and International Black Sea University took part in the competition. The Legal Ethic Chair conducted a one-day preparatory training for all participants on November 16. The competition concept, competition rules, and basic principles of lawyers’ ethics were discussed during the training. Preliminary rounds of the competition were held on November 17, and all participating teams presented their positions on the case of an Ethics Commission moot hearing. The four teams with the highest scores in the preliminary rounds competed in the final rounds on November 18. The participating teams were assessed by invited expert-judges, all of whom have outstanding competence and experience in legal ethics. To guarantee a fair and impartial assessment, the names of the universities of the participating teams were not known to the judges. The organizing team decided in advance not to identify the winner and runner-up teams, and all four team in the final rounds were granted Certificates of Achievement. The students received valuable experience in legal ethics and gained important knowledge from the training, as well as comprehensive feedback from the judges. New Vision University plans to continue organizing legal ethics moot competitions annually.

Legal ethics moot court participants and organizers

GYLA and PHR Organize a Roundtable on Litigation and Regulation of Sexual Harassment

On November 21, USAID/PROLoG legal aid grantees NGOs Partnership for Human Rights (PHR) and Georgian Young Lawyers Association (GYLA) organized a roundtable on “Litigation and Regulation of Sexual Harassment in Georgia: Existing Practice and Challenges.” The purpose of the workshop was to review sexual harassment cases handled by PHR and GYLA, assess the challenges identified in case proceedings, and discuss the need for legislative regulations and internal mechanisms to prevent sexual harassment. Laura Berger, Deputy Director of USAID-Georgia’s Democracy, Governance and Social Development Office, welcomed the guests and highlighted the importance of NGO involvement in defending human rights. Ekaterine Skhiladze of the Public Defender’s Office reviewed the process of applying to the Ombudsman for relief, and referred to the challenges that exist due to the lack of experience and clear regulations on the topic. Along with NGO representatives, she highlighted the bravery of harassment victims in speaking up when the result may be public scrutiny. Londa Toloraia, from the Ministry of Internal Affairs’ Human Rights Department, and Ketevan Meskhishvili, from Tbilisi Court of Appeals, discussed the problem of not having regulations prohibiting sexual harassment, the importance of adopting necessary legislative changes, and future steps to be taken. Dimitri Tskhitishvili, representing the Gender Equality Council of Parliament, and Nino Chikhladze, an expert assisting the Gender Equality Council in drafting needed legislative amendments, made a brief presentation of a draft package of amendments that includes a definition and regulation of sexual harassment. Around 40 people attended the roundtable and actively engaged in the discussion and expressed their eagerness to contribute and cooperate in future.

USAID/PROLoG Assists High Council of Justice to Improve its Rules of Operation

Starting November 16, USAID/PROLoG expert Ales Zalar had a one-week assignment in Georgia to assess the current practices of the High Council of Justice (HCOJ) and assist the Council in improving its rules of operation. Mr. Zalar is the former Minister of Justice of Slovenia and a judge, and has extensive experience of working in Georgia with the HCOJ and other judicial institutions on varied topics, including judicial strategy development and the promotion of judges in Georgia. For the purpose of this assignment, Mr. Zalar observed the day-to-day management of the HCOJ and provided advice to the Council members on its operations. Mr. Zalar also conducted a series of meetings with Council members and staff, and reviewed the existing regulations as well as proposed recommendations by various international experts. At the end of his visit Mr. Zalar led a round-table discussion on how to further improve the HCOJ’s rules of operation, indicating which of these procedures need to be addressed by legislative amendments, the bylaws of the HCOJ, or improved through practice. USAID/PROLoG will continue its support to the High Council of Justice under its strengthening legal framework and improving management of the justice system institutions activities.

USAID/PROLoG Supports Student Moot Court Competition in Human Rights Law

On November 24-25, the National Institute for Human Rights at Free University Tbilisi, within the framework of its USAID/PROLoG grant, organized the third National Moot Court Competition in Human Rights for students. The subject of the Competition was equality before the law and the prohibition of discrimination in the context of the LGBTQI community. The students represented a theoretical applicant and respondent before the Constitutional Court of Georgia. 39 student teams registered for the competition, and after the submission of written memoranda the eight teams with the highest scores were selected to participate in the oral rounds, which took place at the Supreme Court of Georgia. Teams from Tbilisi State University (TSU), Free University Tbilisi, Georgian Institute of Public Affairs, and Kutaisi Akaki Tsereteli State University competed against each other, with the Free University team ‘Sui Generis’ being declared the winner. The participants in the competition all received certificates and prizes, and the winner of the Best Speaker Award, Tamar Abramidze, was awarded an internship at the NGO “Georgian Democracy Initiative.”

Deputy Head of the Supreme Court of Georgia, Vasil Roinishvili and participants of the competition

USAID/PROLoG Supports Gender Equality Council to Introduce Legislative Package on Prohibition of Sexual Harassment

On November 30, USAID/PROLoG together with UN Women supported a high-level meeting of the Parliament’s Gender Equality Council and other stakeholders on prevention and response to sexual harassment. The meeting was held in the framework of this year’s 16 Days of Activism Against Gender-Based Violence, an international campaign to challenge violence against women and girls. The aim of the meeting was to address sexual harassment and other forms of discrimination. The meeting was led by the Council and attended by representatives of the Government of Georgia, civil society, and other development partners, who discussed the definition of sexual harassment, existing challenges and barriers to its’ prevention, prevention mechanisms and legislation. During the meeting USAID/PROLoG expert Nino Chikhladze spoke about proposed legislative changes to close the legislative gap in addressing sexual harassment. According to Member of the Parliament Dimitri Tskitishvili, the legislative amendments on prohibition of sexual harassment in public spaces and in the workplace will be introduced to the Labor Code, the Law on Public Service, and the Code of Administrative Offenses, and will introduce a definition of sexual harassment.

USAID/PROLoG-funded GDI Presents Report on “Litigation for Equality” Activities

On December 12, non-governmental organization Georgian Democracy Initiative (GDI) held a presentation of the final report prepared under the framework of its USAID/PROLoG- funded legal aid project "Litigation for Equality." The report analyzes the legal status of women from religious and ethnic minorities in Georgia and overviews activities carried out within the framework of the project. The report highlights the legal aid activities carried out by GDI’s lawyers and describes the strategic litigation cases they successfully litigated during the project. Representatives of non-state and state institutions, including the head of the Ministry of Internal Affair’s Human Rights Department and representatives of the Prosecutor’s Office, attended the meeting and participated in the discussion. GDI also involved their regionally-based intern-activists in the discussion to highlight the importance of having representatives of the local population participate in projects focused on supporting people living in regions. The intern-activists from Samtskhe-Javakheti and Adjara shared their experience and expressed gratitude to GDI and USAID/PROLoG for the support to their communities and the knowledge and experience they gained related to human rights as a result of the project.

USAID/PROLoG Supports Conference on Women’s Labor Rights

On December 11, USAID/PROLoG supported the Gender Equality Council of the Parliament to organize a conference on “Women, Labor, Rights.” The Conference was held in the framework of Human Rights Week 2018. The purpose of the meeting was to discuss the existing practices and challenges in women’s pre-contractual and labor relations, as well as future prospects for reform. During the meeting a legislative package on women’s labor rights, which was developed with USAID/PROLoG support, was presented by Member of Parliament Dimitri Tskitishvili. MP Tskitishvili also talked about discriminatory approaches towards women during the pre- contractual period, sexual harassment, women’s insufficient labor rights, maternity leave, and the lack of women’s employment in high positions. Chairman of the Parliament Irakli Kobakhidze stated that gender equality and labor rights are two of the most important issues. He also spoke about how important it is to raise awareness on gender equality and improve human rights protection standards in Georgia. USAID/Georgia’s Acting Mission Director, Adam Schmidt, talked about the importance of a strong legal framework to protect human rights, including women’s labor rights.

USAID/PROLoG Supports the 16 Days of Activism against Gender Based Violence

USAID/PROLoG, together with its partners and legal aid grantees, launched the campaign “16 Days of Activism Against Gender-Based Violence” to raise awareness of gender-based violence and women’s rights in Georgia. 16 Days of Activism Against Gender-Based Violence is an international campaign to challenge violence against women and girls. The campaign runs every year from November 25, International Day for the Elimination of Violence against Women, to December 10, Human Rights Day. A series of events were organized to address the topic of the campaign, including: • Screening of the documentary “RBG” at Ilia State University: The Human Rights Film Club hosted the screening of “RBG,” together with a follow-up discussion with Nino Bakakuri, Supreme Court Justice, and Laura Berger, Deputy Director of USAID/Georgia’s Democracy, Governance and Social Development Office. “RBG” is a 2018 documentary focusing on the life and career of U.S. Supreme Court Justice Ruth Bader Ginsburg. • Roundtable on “Litigation and Regulation of Sexual Harassment in Georgia: Existing Practice and Challenges” was organized by Partnership for Human Rights (PHR) and Georgian Young Lawyers Association (GYLA). The workshop reviewed sexual harassment cases handled by PHR and GYLA, assessed the challenges identified in case proceedings, and discussed the need for legislative regulations and internal mechanisms to prevent sexual harassment. • Third National Moot Court Competition in Human Rights for students: The competition was organized by the National Institute for Human Rights at Free University, and the focus was equality before the law and the prohibition of discrimination in the context of the LGBTQI community. All participants received certificates and prizes, and the winner of the Best Speaker Award was awarded an internship at the NGO “Georgian Democracy Initiative.” • Panel Discussion on “Prevention of Gender-Based Violence and Discrimination”: Ilia State University’s Human Rights Chair, in cooperation with the project “EU Supporting the Inter-Agency Commission on Gender Equality,” held a panel discussion on the prevention of gender-based violence and discrimination. The panelists were inspiring female leaders: Tamar Chugoshvili, First Deputy Chairperson of the Parliament and Chair of Gender Equality Council of Parliament, Sopho Japaridze, Prime Minister’s Assistant on Human Rights Protection and Gender Equality Issues and Chair of the Inter-Agency Commission on Gender Equality, Violence against Women and Domestic Violence, Londa Toloraia, Director of Department of Human Rights of the Ministry of Internal Affairs, and Patricia Rosa Garcia, Team Leader of EU Supporting the Inter-Agency Commission on Gender Equality Program. Dea Goshkheteliani, a law school alumna and domestic violence survivor, moderated the discussion. The speakers discussed Georgian policies regarding sexual harassment and gender-based violence, as well as legislative amendments and reforms that are underway. • Public Lecture and Discussion on Nadia Murad - “A Fight Against Sexual Violence”: Ilia State University’s Human Rights Chair organized a public lecture and discussion about the 2018 Nobel Peace Prize laureate Nadia Murad. Agit Mirzoev, human rights defender and the head of the NGO “Centre for Participation and Development” provided a brief introduction to the Yezidi religion and culture, as well as the history of their struggle. Tamar Kapanadze, a research assistant for the Human Rights Chair, discussed Nadia Murad’s fight as an Iraqi Yazidi who was tortured and raped by Islamic State (IS) militants and later became the face of a campaign against sexual violence as a weapon of war. • High-level meeting of the Parliament’s Gender Equality Council and stakeholders on prevention and response to sexual harassment: Supported by USAID/PROLoG together with UN Women, the meeting was led by the Gender Equality Council and attended by representatives of the Government of Georgia, civil society, and other development partners. The participants discussed the definition of sexual harassment, existing challenges and barriers to its prevention, prevention mechanisms, and legislation.

• Public lectures at Telavi and Gori State Universities: Organized by GYLA, the lectures discussed domestic violence and violence against women.The meetings focused on various challenges, such as the specifics of domestic violence and the difficulties of domestic violence investigations. • Roundtable with Ilia State University law students: Union Sapari lawyers hosted a roundtable to review practices related to violence against women based on their actual cases. The discussion focused on domestic violence, violence against women, and restraining orders in domestic violence cases.

Presentation of Legislative Amendments Regulating Sexual Harassment

On December 19, USAID/PROLoG supported the Gender Equality Council of the Parliament to organize a public presentation of legislative amendments regulating sexual harassment. The meeting was opened by First Deputy Chairperson of Parliament Tamar Chugoshvili, USAID/Georgia Acting Mission Director Adam Schmidt, UN Women Country Representative to Georgia Erika Kvapilova, and Head of Partnership for Human Rights (PHR) Ana Arganashvili. USAID/PROLoG expert Nino Chikhladze then presented the proposed legislative changes on the regulation of sexual harassment. Representatives of the Public Defender’s Office and Ministry of Internal Affairs then shared their views on the proposed amendments, which was followed by a discussion in Q&A format. According to the draft amendments, sexual harassment will be regulated in public spaces and in labor relations. The Ministry of Internal Affairs is designated as the enforcement mechanism in public spaces, and the Public Defender’s Office in labor relations. Changes will be introduced to the Code of Administrative Offenses to define the term “sexual harassment,” and sanctions for relevant administrative offenses will be added. The role of the Public Defender’s Office in examining sexual harassment in labor relations cases will be increased through changes to the Labor Code, Civil Procedure Code, and Law on Public Defender, and the enforcement mechanism will be made more active.

Participants of the October 2018 Study Tour Share Their Experience with Judicial Assistants and Clerks at the Tbilisi City Court

On December 19, three Tbilisi City Court judges, participants in the October 2018 USAID/PROLoG study tour to Washington, DC, shared their experience with 22 judicial assistants and clerks at the Tbilisi City Court. These young legal professionals represent the largest group of potential future judges in Georgia, hence it is important to deliver the knowledge judges learn during judicial exchanges to them. USAID/PROLoG Deputy Chief of Party Neil Weinstein, as well as Judicial Education and Exchange Coordinator Bakar Jikia, were also present. Judge Khatia Ardazishvili discussed her experience at the Family Court in Washington where the study tour participants had an opportunity to attend hearings in family violence cases and observe how U.S. judges were managing the courtroom and communicating with parties. Judge Ardazishvili noted how the U.S. judges adapted their approach and used less formal communication techniques with parties when necessary. Judge Inga Kvatchantiradze spoke about mandatory court mediation in the U.S. and the importance of increasing the effectiveness of the Georgian system in this regard, especially as alternative dispute resolution solves the majority of disputes in the United States and has significant potential in terms of backlog reduction. Judge Kvatchantiradze also stated that due to Georgian legislation and context, extra thinking and effort is required to incorporate court mediation into administrative proceedings as well. Judge Diana Parkosadze discussed the exceptional work of the Commission on Judicial Disabilities and Tenure in Washington, DC and the delegation’s meeting with its Executive Director, Kathaee Hudgins. Judge Parkosadze explained that the Commission focuses on the conduct of judges both in and out of courtrooms and has a wide array of punitive and non- punitive sanctions against potentially non-complying judges. USAID/PROLoG’s next judicial exchange will be organized for second instance judges in March 2019.