US Embassy: appointment of judges to Georgian Supreme Court is extremely disappointing
The US Embassy also noted that the decision of the government not to pause the process is very concerning. Photo: Nino Alavidze/Agenda.ge
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The US Embassy to Georgia has stated that the appointment of judges to the country’s Supreme Court is ‘extremely disappointing,’ noting that Georgian leaders, including the ruling Georgian Dream party, failed to fulfil the obligation under the April 19 EU-mediated agreement which ended months of political standoff.
The Georgian parliament appointed six judges out of nine candidates to the country’s Supreme Court on July 12, despite calls from the international community, NGOs and opposition to place a moratorium on the process.
Unfortunately, this nomination and appointment process, and the failure to undertake inclusive, comprehensive judicial reform, fell short of the commitment Georgia’s leaders, including the ruling party, made to implement the April 19 Agreement in good faith,” says the statement of the US Embassy.
The US Embassy also recalled that the political parties agreed to conduct ambitious judicial reform through a transparent process with the involvement of legal experts, civil society and opposition parties.
Unilateral legislative changes, including those adopted against the advice of international partners while the April 19 Agreement was being negotiated, are inconsistent with the letter and spirit of the Agreement. In particular, the early April amendments to the Organic Law on Common Courts failed to fully address Venice Commission recommendations, including a key recommendation related to staggering judicial appointments,” reads the statement.
The statement also said that the failure to pause the appointment process has real consequences.
Legal experts and civil society organizations have highlighted that Parliament’s flawed process did not advance the most qualified nominees, resulting in less-qualified judges receiving lifetime appointments on the court,” said in the announcement.
The US Embassy also noted that the decision of the government not to pause the process is very concerning and ‘constitutes a significant missed opportunity to strengthen confidence in Georgia’s judiciary and advance its democratic development.’
The United States stands ready to continue our efforts to support Parliament and the people of Georgia in credible efforts to strengthen the judicial system and the rule of law in Georgia,” stated in the document,” said the US Embassy.
The US ambassador to Georgia Kelly Degnan has called on Georgian authorities for several times to temporarily stop the process of appointment of the judges.
Three out of the nine candidates were not supported by the parliament of Georgia.
The majority of the opposition did not participate in the voting process.
The EU Commission has announced that failure to pause the appointment of judges to Georgia’s Supreme Court, as provided for in a recent agreement mediated by the EU between the government and the opposition in April, could negatively affect the release of the second tranche of EU financial assistance to the country. Six judges were nominated to the Supreme Court by the Georgian parliament on Monday, despite calls from the international community, NGOs and opposition for the postponement of the process.
NGOs have claimed that the ruling Georgian Dream party does not want the independence of the judiciary, following the appointment of six judges to the Supreme Court by the Georgian parliament yesterday, despite the calls from opposition, NGOs and the international community to place a moratorium on the process, in line with the EU-mediated agreement, which ended the political standoff caused by the parliamentary elections of October 2020.
The Georgian parliament has appointed six judges to the country’s Supreme Court, despite calls from the opposition, NGOs and the international community to suspend the process in compliance with the EU-mediated agreement which put an end to six months of political tension over the country’s October 2020 parliamentary elections. Parliament made the decision at today’s session, which was delayed after opposition activists and NGO representatives entered parliament and occupied the speaker’s seat, demanding the resignation of PM Garibashvili.
The OSCE Office for Democratic Institutions and Human Rights (ODIHR) says the shortcomings in the process of judicial nominations to Georgia’s Supreme Court put the independence of the judiciary in the country at further risk, despite some recent improvements to the transparency and accountability of the process.
Transparency International Georgia (TI Georgia) has joined several parliamentary opposition parties and the ombudswoman and has refused to participate in the screening of candidates for judges to the country’s Supreme Court in the state legislature.
US Ambassador to Georgia Kelly Degnan says that the Georgian parliament has the power to temporarily suspend the election of new judges to the country’s Supreme Court.
The US Embassy to Georgia has posted the highlighted text of the April 19 EU-mediated agreement between Georgian political parties to counter the position of the ruling Georgian Dream party that the parliament should continue the election of new judges in the Georgian Supreme Court.
The appointment of judges to the Supreme Court by the Georgian High Council of Justice (HCJ) must be stopped temporarily until fundamental reforms are implemented in the judiciary and a wide discussion of the issue is held, US Ambassador to Georgia Kelly Degnan said earlier today at a conference of the International Society for Fair Elections And Democracy (ISFED) on Digital Election Campaign and Information Manipulations in Georgia.
The US State Department has called on the Georgian government to suspend the process of the appointment of judges to the Supreme Court, urging the authorities to implement the April 19 EU-mediated agreement which ended months of a political standoff caused by the parliamentary elections of 2020. The US State Department says that ‘comprehensive, transparent, and inclusive judicial reform’ must be carried out before the process can continue.
The ruling Georgian Dream party says all conditions of the EU-mediated agreement ending months of political standoff in April 2021 have been fulfilled amid the US State Department’s criticism over the appointment of judges to the Supreme Court. The agreement had called for a moratorium on the appointment of judges before the implementation of wide-scale judicial reforms.
Civil society and media organisations of Georgia have published an open letter to President of the European Council Charles Michel today in which they urge him to continue 'your close engagement with Georgia’s leadership and speak publicly against democratic setbacks, and work with Georgia’s civil society to ensure the country’s progress on the path to the Euro-Atlantic integration'.
Former member of the High Council of Justice Dimitri Gvritishvili has withdrawn his candidacy for a spot on the Supreme Court following the recent appointment of six judges which was harshly criticised by the opposition, NGOs and the diplomatic corps.
US Senate Foreign Relations Committee chairman Jim Risch has expressed his disappointment over violent attacks on journalists at the Tbilisi Pride counter rally on July 5 and the appointment of judges to the Supreme Court ‘in contravention of the EU-mediated agreement.’ Risch spoke about the physical assault of 53 journalists by right-wing protesters of the Tbilisi Pride march counter rally in the country’s capital and the death of TV Pirveli cameraman Lekso Lashkarava.