Minutes of the Session, Criminal Justice Reform Interagency Coordination Council
Minutes of the 13th Session of the
Criminal Justice Reform Interagency Coordination Council
December 27, 2014
Hotel Courtyard Marriott
Opening of the Session
1. The session of the Criminal Justice Reform Interagency Coordination Council (ICC) was opened by the Minister of Justice, Ms Tea Tsulukiani. The Minister thanked the members of parliament, representatives of non-governmental and international organizations and all interested parties for participation in the session. She noted that the Government of Georgia decided to reform the prosecution service and that ICC was mandated to work on the issue, which is the most inclusive and effective body of all existing councils in Georgia.
2. Ms Tsulukiani noted reforms steered by the ICC within the last two years, such as: two waves of judicial reform, development of the Juvenile Justice code, reform of the Legal Aid Service, Reform of the penitentiary system.
3. According to Ms Tsulukiani reform of the prosecution service was undertaken in 2013, as a result of which the Minister of Justice was deprived of the right to carry out criminal prosecution; however according to the Minister, the current model had its faults and needed to be reformed. The Minister stressed that it was necessary to maintain the restriction of the right of the Minister of Justice to supervise criminal prosecution.
4. Ms Tsulukiani opened a public discussion around the reform of the prosecution service.
Address by the first Deputy Minster of Corrections
1. Mr Kakhi Kakhishvili, the first deputy Minister of Corrections thanked the European Union for the support in the reform process and stressed that the independence of the prosecution service was one of the important building blocks for achieving the independence of the judiciary. Mr Kakhishvili expressed his hope that the work of the ICC with regard to the reform of the prosecution service would be productive.
Address by the first deputy Chief Prosecutor
2. Mr Irakli Shotadze, the first deputy Chief Prosecutor of Georgia thanked the Minister of Justice for organizing the ICC session and noted that Chief prosecutor’s office welcomed the reform of the system and expressed readiness to actively participate in the discussions of various models.
Comments by the Parliamentary Secretary of the Government of Georgia
3. Mr Shalva Tadumadze, the Parliamentary Secretary of the Government of Georgia on behalf of the Administration of the Government of Georgia expressed readiness to participate in the reform process of the prosecution service and mentioned that while working on the issue of prosecutorial independence the ICC might touch upon possible constitutional amendments. According to Mr Tadumadze the key question would be to identify who would have the mandate to initiate criminal prosecution against the Chief Prosecutor.
Comments by the Deputy Minister of Internal Affairs
4. Mr Leval Izoria, the Deputy Minister of Internal Affairs expressed the willingness of the MIA to discuss the strategy for the reform of the Ministry of Internal Affairs in the framework of the ICC. He stressed the importance of the reform of prosecution service and that different branches of government participate in this process. He noted importance of enhancing accountability of the prosecution service.
Comments by the Members Parliament
5. The chair of the legal committee of the Parliament, MP Vakhtang Khmaladze noted that while it was possible to discuss institutional set-up and the place of the prosecution service, the existing Constitutinal framework needed to be accounted for. According to Khmaladze is was necessary to identify the issues of accountability and responsibility with regard to the prosecution service as well as to decide on the rules of appointment and dismissal of the Chief Prosecutor.
6. Mr Khmaladze noted that in parallel with the work undertaken by the ICC, the state Constitutional Commission would activate its efforts on related issues to ensure that the reform is carried out with reasonable timeframes.
7. The Chairperson of the Human Rights Parliamentary Committee Ms Eka Beselia mentioned that the reform process would continue throughout 2015, during which the final stage of judicial reform would be finalized in parallel with the reform of the Ministry of Internal Affairs, reform of the penitentiary and prosecution services. According to Ms Beselia, prosecution services faces number of challenges, responsibilities over which do not rest solely in the hands of the Prosecution Service. Ms Beselia highlighted importance of responsibilities and accountability of the prosecution service, next to its institutional arrangements.
8. The MP Khidasheli thanked the Minister of Justice for convening the ICC and mentioned the importance of participation of all stakeholders in the prosecution reform. Therefore, she vouched the MPs’ support to the reform process.
9. According to Ms Khidakheli in he reform process it is important to identify the role of the Inspector General’s Office, its place in the structure and accountability. The reform of the prosecution service had to be rolled out together with the reform of the Ministry of Internal Affairs in a synchronized way. Besides, she noted the need for implementing fundamental changes in the framework of the constitutional reform and that with the political will it would be possible to substantially reform the system.
10. According to MP Zakaria Kutsnashvili prior to deciding on the appointment and dismissal procedure of the Chief Prosecutor it is important to identify the institutional place of the prosecution service within horizontal system of governance and its main function: is it a criminal prosecution body responsible to fight crime or a body to protect human rights, such as the right to property, the right to life, health, etc.
11. Mr Kutsnashvili noted that the reform of the prosecution service will be successful if all interested parties, including prosecution service, independent experts, Georgian Bar Association, Public Defender (Ombudsman), representatives of non-governmental and international organizations will participate in the reform process. He noted that it would be expedient to involve the administration of the President of Georgia in the process to ensure wide acceptance of the product of the reform.
12. The Minister of Justice added that ICC represents the most inclusive and participatory forum, although it also provides for possibility of inviting non-members to its sessions, including the representatives of the President’s Administration.
13. MP Gedevan Popkhadze drew participants’ attention to the existing political context by asking whether it would be relevant to plan any radical reforms under existing circumstances. He stressed that the decision made by the Council didn’t only need to be a subject of broad public consensus, but also needed to be reached as a result of a political consensus. He offered to work on the values and principles as a starting point.
Comments made at the sessions
14. The representative of the judiciary Mr Merab Gabinashvili stressed the importance of comprehensive reforms based on a thourough analysis of existing shortcomintgs. He mentioned it was important to put in place a model with no major faults, in order not to leave any questions unaddressed. Mr Gabinashvili echoed the words of the Minister of Justice stating that the MOJ should not have the right of prosecutorial supervision.
15. The President of the Georgian Bar Association Mr Zaza Khatiashvili expressed his willingness to participate in the reform process and noted the importance of a political will for successful implementation of reforms and for making a prosecution service truly independent.
16. According to the Ombudsman – Mr Ucha Nanuashvili the entire Judicial reform had to be reconsidered in the process of reform of the prosecution service. He stressed the need for safeguards in the process of appointment of a Chief Prosecutor to ensure the full independence of a service. He also noted the importance of its accountability. Mr Nanuashvili also refereed to one of his recommendations concerning the need of establishing an independent investigating mechanism and expressed his hope that his issue would also be raised and discussed in the course of the reform of the prosecution service.
17. The representative of the Human Rights Education and Monitoring Centre Ms Sophio Verdzeuli noted the organisation’s support to the reform and mentioned that her organization had prepared some concepts concerning the reform of the Prosecution Service an dthe reform of the Ministry of Internal Affairs and offered to share these concepts. According to Ms Verdzeuli it was necessary to adopt a systemic vision to ensure closer links betwee the reform of the prosecution service and the reform of the MIA. She asked whether it was necessary to maintain the existing political accountability and what type of accountability system needed to be construed; Who shall the Chief Prosecutor be accountable for – before Parliament or the Government.
18. According to Ms Verdzeuli the Chief prosecutor’s office shall remain within the executive branch, however it shall be distanced from the Government, in order not to compile the functions of developing and implementing criminal policies within the executive branch.
19. The chairperson of the Georgian Young Lawyers’ Association – Ms. Ana Natsvlishvili noted that first of all it was necessary to reach a consensus on the shotcomings and deficiencies of the existing model and only after that it would be reasonable to discuss he rules of appointment and dismissal of the Chief Prosecutor.
20. Ms Natsvlishvili informed the participants of the planned forum by the Coalition of NGOs for Independent and Transparent Judiciary at the end of January, where the coalition’s views on the reform of the prosecution service would be presented. Ms Natsvlishvili urged representatives of all branches of government to partuicpate in the upcoming forum.
21. The representative of the EU Delegation Ms Tamar Khulordava noted the significance of the fundamental reform of the prosecution service for the EU and for the EU-Georgia political association. She noted that the EU is ready to support this process. Ms Khulordava referred to the structural analysis of the prosecution service carried out in the framework of one of the EU funded projects and its recommendations. She stressed importance of taking all such studies and strategies already developed by various projects and NGOs into consideration during the reform process. She also referred to the need of involving academia in the reform process.
22. Representative of the USAID project JILEP Mr Giorgi Chkheidze highlighted the important role of the ICC and significance of the reforms carried out within its mandate. According to Mr Chkheidze JILEP had supported several projects the products of which could be rather useful in the prosecution service reform process. Mr Chkheidze confirmed his willingness to participate in the process.
23. The representative of the UNDP – Ms Rusudan Tushuri thanked the MOJ for invitation and expressed UNDP’s support to the reform process.
24. Lawyer Lia Mukhashavria on behalf of civil society welcomed the launching of the reform of the prosecution service, expressed her willingness to participate in the process and hope that the process would remain open for all interested stakeholders.
25. Minister of Justice responded to the comment by Ms Mukhashavria saying that she would be invited to participate in the reform process.
26. Deputy Minister of Intenal Affairs – Mr. Archil Talakvadze noted that while discussing institutional reform of this or that agency we should not be guided by our traumatic experience from the past; mistakes and shortcomings of the past shall not become leading factors in the reform process; it is better to view the process from the perspective of management experience theory, debate on correct configuration and on how to ensure balance.
27. The chairman of the NGO “Georgia’s European Choice” Mr Archil Kbilashvili thanked the Minister of Justice for invitation and expressed his willingness to actively participate in the reform process and for sharing his concepts and vision.
28. The representative of GYLA Mr Kakha Kozhoridze noted the importance of analyzing existing problems first before proposing solutions. He also mentioned the importance of identifying timelines for the reform. According to Mr Kozhoridze it would be a good solution to carry out a reform within the existing constitutional model, however if the working group agrees on the need of constitutional reform, it shall be possible to amend the constitution.
Summing-up
29. The meeting was summed up by the Minister of Justice Ms Tsulukiani. She offered the participants to consider both models of prosecution service reform: within existing constitution as well as beyond the existing constitutional framework and discuss feasibility of constitutional amendments. Minister referred to the experience of many countries and proposed to consider also a collegial body.
30. The participants of the meeting discussed the possibility of establishing working groups on analytical, management and functional responsibilities.
31. Prior to establishing working groups, MOJ proposed to have a research paper developed by the Analytical Department of the Ministry of Justice based on comparative assessment of various models that would be distributed to ICC members by the Secretariat within 10 days. Minister proposed to continue discussing next steps and the models upon reviewing the study drafted by the analytical department.
32. National Secretary of the ICC, acting Head of the Analytical Department – Mr Zurab Sanikidze stated that as a first step the comparative assessment on the place and functions of the Prosecution Service would be distributed to all members of the ICC; based on the research respective working groups would draft a concept paper to be discussed and approved by the Council, finalizing the process by drafting amendments to the law based on the preliminarily agreed upon concept paper.
33. MP Tina Khidasheli added that when discussing the reform of the prosecution service, irrespective of its institutional place in the governance system, it is vital to put in place a solid and multi-tier accountability mechanism. Ms Khidasheli believes that the main task of the ICC is to discuss the accountability system, to overrule the possibilities for manipulations.
34. At the end of the meeting Minister Tsulukiani thanked the particpants for attending and for actively and effectively participating in the discussions and closed the session.
Decisions
Following decisions were adopted at the 13th Session: