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Dependent Justice
Dependent Justice and Human Rights Abuses in Georgia
Reasonable doubts in the impartiality, independence of the involved courts and judges arise from the manner of the process guidance and proceedings by judges. The public prosecutors have everything under control. Not the judge, but the public prosecutor is the master of criminal proceedings and has power over "life and death" and many judges follow him submissive (always do as they're told by the prosecutor).
Among other media in Europe and other continents the radio station Deutschlandradio - Kultur reported about “Dependent Justice and Human Rights Abuses” on 20 December 2005, it came to the conclusion, that “the Georgian legal system is the strongest instrument of the government of President Saakaschwili” and “Since the Rose Revolution the State intervenes in the judiciary with a strong hand”. It has become known that Kote Kublashvili, chairman of the Supreme Court, and Valery Tsertsvadze, secretary of the Supreme Council of Justice, exert political pressure on judges, forcing them to make decisions favoring the government on specific cases. Independent Judges may not be account-obliged or subject to directives or be biased; they must not be subject of arbitrary dismissal.
Judicial Discipline has also become a tool for pressure on judges
The Opinion on The Law on Disciplinary Responsibility and Disciplinary Prosecution of Judges of Common Courts of Georgia adopted by the European Commission for Democracy Through Law (Venice Commission) at its 70th Plenary Session (Venice, 16-17 March 2007) describes in a cautious manner that “the grounds for responsibility and the resulting penalties should be revised and redefined more precisely and in such a way as to prevent them from possibly being used to instrumentalise disciplinary proceedings for other purposes than those intended and thereby endanger judicial independence” [see also PDF-file at venice.coe.int].
In this connection one is reminded of the internationally well known case of Merab Turava, Tamaz Iliashvili, Nino Gvenetadze, Davit Sulakvelidze, judges of the Supreme Court of Georgia, and several other judges. These judges, who have been described by the Georgian media as “rebel judges”, stated during an interview of “Civil Georgia” on 8 December 2005 that every time the Supreme Court plans to consider cases which are in the interest of the authorities the Chairman of the Supreme Court, under pressure from the General Prosecutor's Office, instructs the judges on how to rule on the case.
Judge Davit Sulakvelidze stated: “According to Kote Kublashvili [the Chairman of the Supreme Court] he talked with President Saakashvili and they made the decision to fire these judges”.
“The Chairman of the Supreme Court convened three judges this morning - Gogelia, Bibilashvili and Isaev, and categorically demanded that they file their resignations, otherwise he [the Chairman of the Supreme Court] warned that they would be sacked and deprived of any kind of social security, including pensions,” Merab Turava told the Georgian television station Imedi on 6 December 2005.
Not every person is a hero and under such circumstances it is not easy to become one. A judge who must act under pressure cannot be independent and rule impartially.
“… 21 of 37 Supreme Court judges resigned under this pressure. Nine refused to resign but were then made subject to disciplinary proceedings in December 2005, were found guilty, and were suspended from office. … On August 10, 2006, the Disciplinary Chamber of the Supreme Court upheld the decision against the judges. These steps have had a chilling effect on new and remaining judges, who may legitimately see their positions as tenuous and their decisions as subject to executive approval” reported Human Rights Watch in its World Report 2007, page 390-391 [see also article at Human Rights Watch].
In Georgia, unfortunately, a very strange understanding of law and particularly of human rights is observed as well as unusual and arbitrary application and interpretation of the laws.
Law and the rule of law are juggled about. That is, there are no other words for a correct depiction of that than a "perversion of justice" and not only errors of justice.
To all appearances justice in Georgia is determined by campaigns. At least, it is clear that it is affected of media campaigns. The media initiate (or cause to be initiated) agitation, e.g., against physicians, and the judiciary succumbs to this agitation. The media is in a powerful position and will go to any lengths, leaving no stone unturned, to promote its campaigns. This situation is suggestive of the Chinese Cultural Revolution.
Judges willingly accept absurd constructions by prosecutors. The prosecutors are not afraid of anything. Actions are taken in violation of fundamental legal principle; obviously contradictory facts and inconsistent proofs, to say nothing of human rights, are ignored. Facts and established legal principles are twisted. There is no equal weight of arms in the courts. Public life in Georgia seems to be only a dangerous tragedy and the judiciary a travesty of justice.
Also Human Rights Watch states in its World Report 2007 (page 388) that the executive wields a strong influence over the judiciary [see also webcontent of Human Rights Watch].
Any expectation that justice will rule independent and impartially wholly ignores the reality.
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