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Type of Paper: Code Russia and Eurasia Summary What Will Georgia Look Like Under Margvelashvili? Tea Tsulukiani Minister of Justice, Georgia 1 November 2013 The views expressed in this document are the sole responsibility of the author(s) and do not necessarily reflect the view of Chatham House, its staff, associates or Council. Chatham House is independent and owes no allegiance to any government or to any political body. It does not take institutional positions on policy issues. This document is issued on the understanding that if any extract is used, the author(s)/ speaker(s) and Chatham House should be credited, preferably with the date of the publication or details of the event. Where this document refers to or reports statements made by speakers at an event every effort has been made to provide a fair representation of their views and opinions, but the ultimate responsibility for accuracy lies with this document’s author(s). The published text of speeches and presentations may differ from delivery. What Will Georgia Look Like Under Margvelashvili? This is a summary of an event held at Chatham House on 1 November 2013. The presidential election at the end of October offered another chance to consolidate Georgia’s democracy. Independent observers stated this was the most transparent and democratic election in Georgia so far. Over the past year, the government has been working to strengthen Georgia’s institutions. The Georgian Dream coalition was not given a period of grace by the international observers after its victory in the October 2012 parliamentary elections. The main difference between the last government and the next one is not in individual qualities, but in institutions, which should be open, transparent and inclusive. The coalition is aiming for an irreversible integration with the EU, and is working on a legal solution for the Association Agreement. A lot of work has been done on the country’s human rights strategy; the government is trying to work with the Church and ethnic minorities. The minimum age limit for judges (currently 30 years) may be raised to 35 but not much higher than that due to human-resource considerations. Work is on- going on an appraisal system for judges. It is proposed that they be subject to a three-year trial period. The reform process has not brought results immediately, e.g. prosecutors still need to learn to work on evidence. The problems in the judiciary do not amount to selective justice. After the parliamentary elections, the Georgian Dream coalition had to manage peoples’ anger towards Saakashvili’s government. People clamoured to put government officials in jail and crack down on corruption. Important reforms have taken place in the judiciary sector over the past year, e.g. the media have been allowed back into courtrooms. Previously, the minister of justice also held the post of chief prosecutor but this is no longer the case. Prosecutors are no longer bound by political considerations and they need to learn to work on their own initiative. Prosecution success rates have fallen from 90 per cent to 70 per cent over the past year. The institution of plea bargaining as established in Georgia bears no resemblance to the American system, but it is useful for petty crimes. The previous government raised $37 million thanks to plea bargaining. Now that the prison population in Georgia is down to about 10,000, there has been an uptake in petty crime, but work is ongoing with the rehabilitation of former prisoners. The coalition saw the mass amnesty, approved by parliament in January 2013, as a necessary step. Former minister of justice, Zurab Adeishvili, fled Georgia after the parliamentary elections. Many former government officials have been www.chathamhouse.org 2 What Will Georgia Look Like Under Margvelashvili? arrested and charged. A participant noted that the coalition risks losing support if its efforts at restorative justice continue; it may delay Georgia’s European ambitions by a decade. There are questions the government would like President Saakashvili to answer, e.g. about his claims that he had directed the helicopter attack on Svaneti, or about former prime minister Zurab Zhvania’s death in 2005. Saakashvili need not be jailed during his questioning; there are other ways of restricting his movements. His answers would lead to a decision on whether or not he should be prosecuted. However, the coalition understands international concerns about possible imprisonment of Saakashvili after the end of his term in office. A participant suggested that he should face justice despite international concerns: there has been a culture of impunity for those giving orders – the man in charge of that culture should face justice. Georgia could be strengthened by showing that no one is immune from justice. If an independent judge decided he was guilty, no one in the executive branch should have a say in whether or not he is imprisoned. Over the past year, President Saakashvili has tried to show his independence from the government. He recently granted Georgian citizenship to 1,000 Turkish nationals, bypassing regular procedures. He also pardoned 200 prisoners, some of them sentenced for murder, manslaughter or trafficking narcotics. There are allegations that the mass amnesty is designed to cover the pardon for Davit Adeishvili (brother of Zurab Adeishivili), Nikoloz Dzimtseishvili (former deputy interior minister and husband of Tina Burjaliani, former deputy justice minister), and Maizer Lipartiani, a policeman convicted for the high-profile murder of Amiran Robakidze. There are concerns he will continue to use his right to pardon prisoners until the last day, releasing key allies from the former government who the coalition is trying to bring to justice. Unlike Saakashvili’s government, the Georgian Dream coalition did not purge the civil service and the judiciary upon their victory in the parliamentary elections. At the Ministry of Justice, only the chief of staff, heads of public and civil registry and head of the law enforcement office were replaced after the elections; the lower-level executives of orders should not be punished for someone else’s decisions. A new code for local government is being drafted in consultation with other ministries. The aim is to decentralize the state; the central government should retain a general supervisory role, but many competencies will be transferred to local administration. Councils will have more control over their resources. www.chathamhouse.org 3 What Will Georgia Look Like Under Margvelashvili? There is no plan to celebrate the tenth anniversary of the Rose Revolution. However, the Georgian Dream coalition is keen to preserve the positive achievements of Saakashvili’s government – to retain professionals in the civil service and continue the eradication of low-level corruption. In February 2013, a monument to the victims of the Saakashvili regime was erected, bearing the names of two men who were killed in a police raid in 2006. High-level officials were allegedly involved in the killing; the government wants to send a message that such actions are no longer tolerated. The former government’s attack on the Orthodox Church was at odds with Georgian culture. After recent tensions between Christian and Muslim communities, and a confrontation between the police and the Muslim community in Chela, religious minorities have voiced concerns about lack of protection of their rights. The government has distanced itself from the issue, encouraging religious leaders to resolve tensions among themselves. This was justified by a claim that often religious leaders themselves are behind the tensions, inciting hatred among communities. It was suggested that the current government has not made much effort to communicate its vision to the outside world. However, the coalition concedes that international opinion matters to a small country like Georgia, and has been making contact with international networks since spring. Many in Georgia see the West as naïve; they are cynical because of the West’s endorsements of Vano Merabishvili and other former government officials. A participant noted that while the government has a plan in place for domestic and foreign policy, there does not seem to be one for the economy. It is going to be difficult to combine market reforms with people’s social expectations. People expect improvements overnight. A sound growth process will take time. The ease of registering property and accessing financial information will be preserved. The situation is not ideal but a lot has been done already. There have been budget issues since plea bargaining for money was stopped. No public building has been constructed with ‘donations from business’ this year. The government plans to work within the coalition framework until the next parliamentary elections, even though the coalition is diverse and there are differences among the parties. For the first time, Georgia is entering a situation when it lacks strong politicians. This will put the checks and balances within the country’s institutions to their test. www.chathamhouse.org 4 .
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