Foreign dignitaries call on Georgian parliament to ensure transparency in appointment of judges

The Georgian parliament must ensure transparency in judicial reform, including the appointment of judges, the ambassadors of the European Union and the United States Carl Hartzell and Kelly Degnan, and Head of the Council of Europe Office in Tbilisi Natalia Voutova say in a letter sent to Georgian Parliament Speaker Kakha Kuchava.

We call on the parliament to start internal discussions on the reform of the High Council of Justice and, accordingly, to review the rules for the appointment of judges and other judiciary personnel, [as well as] to introduce a transparent and comprehensive system of attestation, promotion, transfer in accordance with the international standards and the best practices”, they said.

In their joint letter the foreign dignitaries have noted the ‘decisive and very important role and involvement’ of Speaker Kuchava in fulfilment of the EU-mediated agreement where the opposing parties have taken a responsibility to ‘adopt ambitious judicial reform’. 

They have also stressed the importance of involving representatives of civil society, Georgian Bar Association, Public Defender and opposition, to ensure inclusive discussions. 

It is important that parties pursue further judicial reform through an inclusive process and take into account international advice and support for the implementation of these reforms, especially with regard to the impartiality of appointees, including the High Council of Justice and the Supreme Court”, they said. 

Based on the April 19 agreement ‘parliament shall adopt ambitious judicial reform in this Parliamentary term, including the following, as the first step in a broad, inclusive and cross-party reform process’.

Therefore, the signatories said that under the agreement, parliament has ‘an important role to play in determining the priorities for legislative changes to the Supreme Court and the High Council of Justice’. 

We would also remind you that this is a strict precondition from the European Union to ensure micro-financial assistance to Georgia. In addition, the spirit of the agreement will be preserved if amendments are made before the appointment of new members to the High Council of Justice and the nomination of candidates for the Supreme Court”, the letter reads.

It also underscores that in both cases ‘the immediate pause in the appointment process will be an unmistakable demonstration of the readiness to improve the transparency and credibility of the judiciary’.

Reportedly, the letter addressed to Speaker Kuchava was also sent to opposition MPs. Earlier this week the Lelo opposition party submitted a bill requesting the state legislature declare a moratorium on the election of new judges for the country’s Supreme Court and new members in the High Council of Justice.