Criminal Justice Reform Interagency Coordination Council

Minutes of the Meeting of the Criminal Justice Reform Interagency Coordination Council

Criminal Justice Reform Interagency Coordination Council

Minutes of the 19th Meeting

24 October 2015

Tbilisi Public Service Hall

Opening of the Meeting

The 19th meeting of the Criminal Justice Reform Interagency Coordination Council was opened by the Minister of Justice of Georgia Ms Tea Tsulukiani.Ms Tsulukiani stated that the purpose of the meeting was the implementation of the Electronic Case Assignment System in practice in the judiciary system. Ms Tsulukiani noted that one part of the judiciary thinks that the Electronic Case Assignment System may be hard to implement before 1 January 2016. The purpose of the meeting was to review again the problematic issues related to the implementation of that System.

The comment of the Chairperson of the Supreme Court of Georgia

The Chairperson of the Supreme Court of Georgia, Ms Nino Gvenetadze, stated that the purpose of the implementation of the Electronic Case Assignment System is to ensure transparency of the judiciary. It requires the establishment of the legal and technical framework that will ensure electronic case assignment. Ms Gvenetadze emphasised the importance of active involvement of the High Council of Justice in this process and the preparation of all details for the implementation of that System by consensus among the majority of the judiciary.

The Chairperson of the Supreme Court once again called on the Secretary of the High Council of Justice and the judiciary to become actively involved in the working process.

Presentation

The representative of the Supreme Court of Georgia, Ms Ekaterine Gasitashvili, made a presentation regarding the existing case assignment procedure in the judiciary system, the work conducted in relation with the implementation of the Electronic Case Assignment System and the goals of the new regulations.

Discussion

The Minister of Justice stated that there is a broad consensus regarding the electronic case assignment procedure in the judiciary system and the principle is acceptable for all interested parties, although it is necessary to listen to different opinions and viewpoints regarding the software.
Ms Tsulukiani pointed out that a specially invited German expert is working on the technical audit of that software and will prepare an opinion in the nearest future on whether or not the software can be launched before 1 January 2016. According to the expert, in order for the electronic software to become fully operational, it must meet the following criteria:

-case assignment according to the specialties (the existing software has this function);

-random case selection (the existing software has this function);

-complexity /difficulty of cases/ assignment of weight to cases (the existing software does not have this function), which is the main difficulty for the complete implementation of the software. According to the expert, approximately six months will be necessary for adding this function to the software.

To the question of the Minister regarding the role of the non-governmental organisation Transparency International Georgia in the implementation of the Electronic Case Assignment System, the Chairperson of the Supreme Court of Georgia responded that the Transparency International Georgia supports the process, as is the Council of Europe and German Foundation for International Legal Cooperation (IRZ).
The Secretary of the High Council of Justice, Mr Levan Murusidze, stated that although the representatives of the High Council of Justice participated in the consultations regarding the implementation of the Electronic Case Assignment System, the software cannot be launched until specific issues/problems are solved. Mr Murusidze noted that it was important to solve the issue of the weight of the cases before implementing the software, regarding which the High Council of Justice has no viewpoint and remarks.
The Minister of Justice stated that the Electronic Case Assignment System ensures assignment of cases according to the specialties, and as for the weight of the cases, which is the main problem hindering the full implementation of the software, the High Council of Justice was asked to provide their views/criteria regarding that issue.
The Chairperson of the Supreme Court stated that the Secretary of the High Council of Justice is equally responsible, together with the judiciry, to participate in the working process. Ms Gvenetadze called on the High Council of Justice to become actively involved in the working process and cooperation.
Judge Mamia Pkhakadze stated that assignment of cases according to their weight would be a problem in the implementation of the Electronic Case Assignment System, because the complexity and weight of cases are actually evident when a case is heard on the merits.
Chairperson of Tbilisi City Court, Mr Mamuka Akhvlediani, stated that in Tbilisi City Court cases are assigned via the Electronic Case Assignment System. Mr Akhvlediani noted that all problematic issues related to the implementation of the software must be identified and, accordingly, a conception must be developed. Mr Akhvlediani expressed his readiness to participate in the development of the conception, to become engaged in the working process for the implementation of the software and also, in the integration of the Integrated Criminal Justice Programme of the Chief Prosecutor's Office.
The Minister of Justice stated that an electronic writ of execution and also an Insolvency Management Electronic System should be implemented in the judiciary system, which should have been done long ago but was postponed and is not effective yet. Ms Tsulukiani suggested to Mr Akhvlediani making a presentation for the members of the High Council of Justice on the software operated in Tbilisi City Court, to which Mr Akhvlediani agreed.
Judge Tamar Alania stated that the Quality Assurance Department of the High Council of Justice evaluates the activity of the judges according to their cases, and one component of that evaluation is the assessment of the judges according to the weight of the case determined by certain criteria/formula. Judges consider that formula to be unfair. Ms Alania suggested holding a meeting with the judges to discuss the shortcomings of the existing formula and the ways of its improvement. Besides, Ms Alania noted that, in addition to the Electronic Case Assignment System, it is also necessary to launch the Electronic Case Management System and those pieces of software should be comprehensively implemented and put into operation.
Member of the High Council of Justice and the Chairperson of the Administrative Panel of Tbilisi City Court, Mr Shota Getsadze, stated that based on his experience he thought that the problem is in the weight of cases, which is especially problematic in administrative law where the inquisitorial principle is applied, which means that a case may become substantially complicates in the process of acceptance of the case. Mr Getsadze noted that the software could not be launched before 1 January, but the work should be continued and a conception should be developed, which will indicate the areas where work must be continue. Mr Getsadze expressed his readiness to provide his opinions and viewpoint regarding the weight of cases.
Judge Merab Gabinashvili stated that the implementation of the Electronic Case Assignment System is a progressive idea, which must be aimed at ensuring the transparency of assignment of cases to the judges and the feeling of fairness among the judges. Mr Gabinashvili noted that, in view of the existing reality, it was important to consider the issue of specialisation in the process of implementation of the software (for example: family disputes, etc.), as the software will be unable to assign cases according to the specialties of this category and it will require human resources. Also, in those district courts where cases are heard by the judges of the neighbouring districts, also in cases where judges are on duty, the software will be ineffective. Mr Gabinashvili stated that the criteria should be well defined, and he expressed his readiness for active engagement in the working process.
The Chairperson of the Legal Committee of the Parliament of Georgia, Mr Vakhtang Khmaladze, made a brief comment on the implementation of the Insolvency Case Management Electronic System and noted that, according to the law, the System should have been launched, but due to the lack of political will or technical resources from the judiciary the implementation of the System was postponed. Mr Khmaladze stated that according to the letter received from the High Council of Justice, the Council does not agree to the opinions of the Committee, however it is not specified to what they do not agree.
Mr Khmaladze stated that the problem of assignment of cases in courts with few personnel members may be solved by the establishment of an exception rule. The difficulty/complexity of a case, which affects the duration of review of a case, cannot be initially determined. Mr Khmaladze proposed to determine estimated coefficients of the expected difficulty of cases upon their admission, and to assign the cases accordingly. They may be further adjusted (on the basis of the preliminary court hearing or the preparatory hearing). Mr Khmaladze stated that determining exact difficulty of cases or the equality of cases is impossible, but it is crucial that the software ensure an approximate equality. As for the classification of coefficients, Mr Khmaladze noted that the experience and resources of current and experienced, as well as former judges, may be used.
Mr Khmaladze stated that it was also important to determine the time limits for the works, to which the Minister of Justice agreed.
The Chairperson of the Human Rights Committee of the Parliament of Georgia, Ms Eka Beselia, stated that the reform was necessary and all parties agreed that, irrespective of different opinions, the Electronic Case Assignment System should be implemented. All parties must be ready for starting the reform. In order to render a decision by consensus, Ms Beselia suggested establishing a group comprising the representatives of all three branches of government. The existing problems should be identified and solved by the working group and accordingly the consensus should be promptly achieved.
Lawyer Irakli Kordzakhia stated that the trust in the judiciary system by the society should be enhanced. The random assignment of cases must be introduced, targeted to the court customers, which should not be a problem from the technical viewpoint and is necessary for the enhancement of the trust of the society. Mr Kordzakhia stated that the equality of cases is the main problem, the important element of which is the weight of cases. Mr Kordzakhia added that a judge could determine the weight of cases. Mr Kordzakhia proposed to grant judges authority to determine the weight of cases and also to limit the subjectivity of judges by objective circumstances (to record the number of claims, controversial circumstances, evidence under investigation, etc.). Also, a conditional weight may be assigned preliminarily and adjusted at later stages. Regarding the dates, Mr Kordzakhia stated that the actual dates of development of the conception, launch of the pilot software, etc. should be recorded.
The Chairperson of the Unity of Judges of Georgia, Ms Maia Bakradze, stated that the Organisation has prepared a policy document on the assignment of cases, and the presentation of the document was made by the Organisation. Ms Bakradze noted that the purpose of the reform was to ensure transparency of the process and enhance the trust of the society in the judiciary, as well as equal assignment of cases to judges. An electronic software cannot determine the weight of cases, therefore human resources would be necessaary. The electronic assignment of cases is not difficult in terms of software. If equality is violated, the judge may apply to the Chairperson and the case will be sent back to the software. The equality of cases cannot be ensured by any algorithm and dwelling on the weight of cases will lead the process to a dead-end, therefore the electronic assignment of cases must be commenced. Ensuring the principle of equality of cases will be difficult.
The Minister of Justice stated that German expert, who works on the evaluation of the software, thought that the software would not be complete and it will not ensure comprehensive implementation of the reform unless it ensures all three principles, so it is necessary to develop the system of weights.
Judge Dimitri Gvritishvili stated that the substance of the reform is not only to establish the principle of random selection, but also to ensure establishment of the principle of equality. Mr Gvritishvili welcomed the idea of establishing a working group, which will be comprised of the representatives of all three branches of the government. Mr Gvritishvili stated that the principle of equal assignment of cases is currently in force, which is regulated by law. If any judge is overloaded, the Chairperson is authorised to transfer the case to another judge. Even in the case of implementation of the electronic software, human resources cannot be fully excluded, and this function may be fully performed by the experienced chairpersons of the courts.
The representative of the project of the United States Agency for International Development, Ms Inga Todria, stated that the purpose and substance of the reform should be the principle of fair and impartial court and cases should be reviewed by impartial judges. The High Council of Justice approved the rules according to which the weight of cases is evaluated; it is important to regulate these rules by law and the main goal should be to prevent hearing of a case by a preliminarily determined, biased judge.
Member of the Parliament, Mr Gedevan Popkhadze, stated that the their should no longer exist questions related to the trust of the society in court. Mr Popkhadze agreed to the initiative of Ms Beselia on the establishment of a working group; he also stated that all parties should support the Parliament in adopting objective decisions and also the time limits for performing works should be preliminarily defined. Mr Popkhadze called on the judiciary to become actively engaged in the working process in order to ensure timely rendering of a decision by consensus.
Judge Giorgi Tkavadze expressed his readiness to participate in the work of the working group, and stated that at the initial stage the trial version of the software should be launched at any court to identify shortcomings. And then it should be put into operation in the entire judicial system. Mr Tkavadze stated that a very sensitive approach was required regarding the disputes that are reviewed in limited periods of time (preventive measures, offences under more than one article, issuance of a restraining order in cases of domestic violence, etc.); he proposed to use the software for other cases at the initial stage, and then to use it for all cases. Regarding the weight of cases, Mr Gvritishvili agreed to the proposal of Mr Khmaladze on the adjustment of weights at different stages.
The Director of the Legal Aid Service, Mr Meliton Benidze, familiarised the participants of the Council Meeting with the case assignment procedure, which is approved by the Director of the Legal Aid Service. At first, at the Legal Aid Service, cases are assigned according to the alphabetical order; regarding the weights, the lawyers agreed that it was important to assign cases equally at the initial stage and then the equality will be naturally observed during the month.
Judge Mamuka Akhvlediani stated that assignment of cases only according to the principle of random selection would be more vague and inadmissible, the software should also have the function of identification of complexity of cases. However, the software will not be able to ensure everything without the involvement of human resources; ensuring transparency is also important. In the process of implementation of any software, a group of judges must be established, which will control all issues in order to prevent deviation from the main principle.
The Head of the Data Exchange Agency, Mr Irakli Gvenetadze, stated that the most important and difficult issue in the process of implementation of the software is the issue of assignment of weights. It requires assessment of weight according to the quality evaluation methodology developed by the High Council of Justice. In particular, each judge may evaluate the case reviewed by him/her and determine the period required for each case. Once the technical group working on the software has the list of the workload of judges, the decision will be made regarding the principle according to which cases will be assigned to judges. Mr Gvenetadze stated that the judges were trained in the issues of evaluation of cases reviewed by them, after which the technical group will resolve the technical part within as short period of time as possible.
Mr Shota Chakhunashvili stated that two components are necessary for the development of the software algorithm: an evaluation model should be created, which need not be accurate, because it may be adjusted in the process of review of a case, and the technical group should be provided with the data regarding the actual workload of the judges. If the above two components are satisfied and once the principle is agreed upon, two months will be required for the fulfilment of the technical task and approximately two months will be required for piloting the software.
The composition of the group working on the algorithm (court, Council, Smart Logic of the Ministry of Justice)
Sandro - the secretariat will send you an e-mail.
The transitional provisions of that package should indicate that the development of this software and its implementation is the responsibility of all three branches of the government and not of a single non-governmental organisation, which should have an auxiliary function.

Conclusion of the Meeting