US Embassy says appointment of High Council of Justice members was ‘neither competitive nor transparent’
The US Embassy considers that ‘many qualified, professional members of the judiciary who are shut out by such a closed system deserve better’. Photo: Nino Alavidze/Agenda.ge
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The United States Embassy to Georgia has stated that the selection of two new members to the High Council of Justice on October 31 was ‘neither competitive nor transparent’.
There was little advance notice of the intent to fill the seats left open by the pre-term resignations. There was no opportunity for consultations or participation by a broad range of qualified candidates, nor for meaningful engagement by relevant interlocutors and civil society. It is disappointing that the Judiciary missed the opportunity to show transparency and failed again to elect its representatives through a competitive and democratic election process”, the US Embassy said.
It further noted that the US ‘has long sought to build the capacity of qualified and dedicated judges while calling for reforms that would allow for accountability for judges who undermine the legitimacy of the judicial system’.
This, the embassy said, includes ‘seeking legislative amendments to avoid corporatism and to safeguard the principles of democracy, equality, and adherence to the rule of law’.
Judiciary leaders maintain the judiciary is unfairly criticised for the lack of transparent and merit-based appointments, promotions, and transfers. Yet when the Conference of Judges rushes through important decisions without competition or transparency, it demonstrates unwillingness to embrace reforms that would increase transparency, accountability and public trust in the appointment process, the candidates, and in the High Council of Justice”, the statement reads.
The US Embassy considers that ‘many qualified, professional members of the judiciary who are shut out by such a closed system deserve better’.
U.S. Embassy Statement on Conference of Judges https://t.co/d2xzANaQYr
— U.S. Embassy Tbilisi (@usingeo) November 2, 2021
Calling ethical judiciary ‘the backbone of a country’s adherence to rule of law’, the embassy notes as well that ‘an independent and professional judicial system that is trusted by and serves the people is essential to promoting equitable growth and attracting investment by Georgian and foreign businesses’.
The United States will continue to advocate for and support reforms that will increase accountability, professionalism, and transparency to help Georgia attain the system of justice its people deserve and that is fundamental for Georgia’s chosen path of Euro-Atlantic integration”, it concludes.
Head of the European Union delegation to Georgia Carl Hartzell has also stated that the recent appointments of two new judge members to the High Council of Justice, was ‘hasty, non-transparent and non-competitive’.
Calling on the Georgian authorities ‘to uphold their reform commitments, including in the justice sector, in the interest of Georgian citizens and of the future of EU-Georgia relations’, Ambassador Hartzell said the EU ‘reiterates that, while it remains fully committed to support Georgia’s reforms in line with the EU-Georgia Association Agreement, the EU’s assistance to Georgia remains conditional on progress on key reforms’.
Head of the European Union delegation to Georgia Carl Hartzell said the recent appointments of two new judge members to the High Council of Justice, was ‘hasty, non-transparent and non-competitive’. Ambassador Hartzell said that these appointments took place on the day after local elections they were therefore ‘at odds with Georgia’s commitments aimed at increasing the independence, accountability, quality and trust in the judiciary’, in line with the EU-Georgia Association Agreement
Georgian Prime Minister Irakli Garibashvili has responded to recent statements of local and foreign politicians on the connection between EU financial aid and judicial reforms in the country. Garibashvili said that the Georgian Dream government has already carried out ‘fundamental reforms’ in the judiciary and remains committed to the tenets of the April 2021 EU-mediated agreement to proceed with court reforms.
The EU delegation to Georgia has responded to the Georgian government’s recent refusal to take the second tranche of the EU’s 150 million euro loan, stating that they ‘respect’ the decision, but noting that the country has been unable to completely fulfil preconditions that would have been needed to receive the second instalment.
The Administrative Committee of the Conference of Judges, a self-governing body strengthening the independence of the judiciary, has responded to the recent criticism of the appointment of two new judge members to the High Council of Justice by saying they were 'not hasty’.
Over twenty judges have distanced themselves from criticism of EU and US concern over the appointment of two judge members of the High Council of Justice. Following the assessments of the EU and US dignitaries, President Salome Zurabishvili has also stated that the election of two new members ‘in this form and at this time is an incomprehensible step’. The Administrative Committee of the Conference of Judges disagrees.
The United States Embassy to Georgia has expressed its disappointment that the Georgian parliament is ‘moving forward with Supreme Court appointments’ before the completion of an independent assessment of the judicial reform.
The Georgian parliament has appointed four judges to the country’s Supreme Court earlier today despite calls from local NGOs and the international community to suspend the process before the implementation of fundamental judicial reforms.