Judiciary denounces concerns on recent appointment of 2 judge members to High Council of Justice, calls decision 'not hasty’
Georgian and foreign dignitaries say that the October 31 decision on appointing the judges was ‘hasty, non-transparent and non-competitive'.
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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’.
The statement comes in response to the concerns of United States Embassy and Head of the European Union delegation Carl Hartzell, who have called the decision ‘hasty, non-transparent and non-competitive’.
We remind all entities that Georgia is an independent state whose judiciary also operates independently, without external interference and obeys only the law”, the statement reads, noting that diplomatic missions ‘are obligated to respect the laws and ordinances of the receiving state and not to interfere in its internal affairs’.
Claiming that the judiciary in Georgia is ‘steadfast in its adherence to political neutrality’, the Administrative Committee said it ‘resolves issues within the scope of its competence solely on the basis of law, independent of all external entities’.
Therefore, everyone, including any officials or organisations, should realise that the decision of the Conference of Judges is neither ‘incomprehensible’ nor ‘the fifth setback’ – it is an expression of the independence of the judiciary, the realisation of the principle of separation of powers”, it further says. Read the full statement.
Remarks by EU Ambassador Carl Hartzell following the appointment of two members of the High Council of Justicehttps://t.co/BrCWnygtQy pic.twitter.com/fFkiaFrWY8
— Carl Hartzell (@CarlHartzellEU) November 2, 2021
Based on the statement, the October 31 Conference was held ‘in full compliance with the law and if someone finds the results unacceptable, it is unequivocally unjustified to cast a shadow over the whole process because of this’.
Most importantly, this decision cannot harm the process of Georgia’s European integration in any way because it is precisely the non-interference in the work of the judiciary and its independent activity that is the cornerstone of the Western rule of law, without which there is no legal state or democracy, the Administrative Committee underscores.
It claims as well that the conference was scheduled and its agenda was published in full compliance with the Organic Law of Georgia on Common Courts so that all interested parties were informed about the date of the Conference and the issues to be discussed seven days in advance.
The elections were held in a completely free and competitive environment, under the conditions of a secret ballot, as established by law. If any violations have occurred, we are ready to discuss them. Otherwise, the reviewed assessments leave the impression that certain entities could not reconcile with the personnel decisions made at the Conference, and that the judiciary is being attacked for this reason”, the statement reads.
U.S. Embassy Statement on Conference of Judges https://t.co/d2xzANaQYr
— U.S. Embassy Tbilisi (@usingeo) November 2, 2021
It meanwhile says that the four phases of reforms implemented with the active participation of the judiciary since 2013 have resulted in ‘the independence and accountability of the judicial system’.
We remain open to all possible reforms that focus on systemic improvements, rather than on the persecution of individual judges. Additionally, the judiciary should participate in the reform process with the status of a full-fledged partner whose opinion should be heard and taken into account in all decisions, and it should be protected from unfounded attacks,” the statement concludes.
Following the assessments of the EU and US dignitaries about the recent conference of justice, President Salome Zurabishvili has also said at a news briefing yesterday that the election of two new members to the High Council of Justice ‘in this form and at this time is an incomprehensible step’.
Georgian President Salome Zurabishvili, who spoke of a wide range of issues at a news briefing earlier today, said that polarisation in Georgia can be overcome only if the parties, both the ruling party and the opposition, ‘return to solve real problems and real challenges’.
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’. 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’.
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
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 United States Agency for International Development (USAID) is launching a new five-year Rule of Law programme that aims to strengthen the Georgian justice system "by consolidating and building upon past judicial reforms."