In order to save judicial independence and oppose governmental abuses of power, Media and NGO sector has created a coalition: “Civil Society for Democratic Georgia”.
This coalition mobilizes public awareness to ongoing processes and reflects the public interest in saving judiciary as an independent branch of the government. The coalition reflects the interests and objectives of the Georgian population to develop a democratic and rule-of-law based society in Georgia that will become a real part of the European family.
However, we have serious doubts that this Georgian government can develop a democratic and rule of law based society through dismissing independent and professional judges without legally based reason and through using judges as political tools and interfering into any ongoing judiciary cases as it is practice nowadays in Georgia.
The intervention of Mrs Laliashvili
Statement of Medel
MEDEL :
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Stresses that it is important to respect democracy and the rule of law notably in the reform of the judiciary, which would oblige the government to fight against corruption with measures under the rule of law, implying a correct law suite and admissible proofs ;
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Insists that justifying disciplinary prosecution with mis-interpretation of a procedural rule infringes against the principle of appropriate action and the independence and impartiality of judges;
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Stresses that a possible mis-interpretation of the law by a single judge in a given case could only be appreciated by a legal appeal to a superior court;
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Calls upon the EU Council, the EU Commission, the Council of Europe, and the Organisation for Security and Cooperation in Europe (OSCE) to give better and more sustained guidance towards a reform of the judiciary in Georgia that would respect the rule of law, independence of the judiciary, and transparency of procedures relating to the position of judges;
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Instructs its President and its Secretary General to forward this resolution to the President of the Council of the European Union, to the High Representative of the European Union, to the EU-Commission, to the President of the European Parliament, to the Secretary General of the Council of Europe, to the President of the Parliamentary Assembly of the the Council of Europe, to the Secretary of the Venice Commission, to the President and the Secretary General of Organisation for Security and Cooperation in Europe (OSCE), to the President of the Parliamentary Assembly of the OSCE, to the Director of the Office for Democratic Institutions and Human Rights (ODIHR), as well as to the President, the relevant authorities, and the President of the Parliament of the Republic of Georgia.
Statement (full text)