US Embassy disappointed by Supreme Court appointments in Georgia prior to reform assessment
“The goal now must be to build an impartial, transparent, merit-based judicial system that the people of Georgia can have full confidence in and that allows the full participation of the many qualified, ethical judges and lawyers who work with integrity to promote the rule of law,” the embassy says. Photo: US Embassy in Georgia.
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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.
It also raises concern over the judicial appointments being proceeded without the participation of non-judge members of the High Council of Justice, noting that the Georgian people ‘are supposed to have a voice in the selection of these influential and important judges’ through non-judge members.
U.S. Embassy Statement on Supreme Court Appointments https://t.co/AFCECIlqiC
— U.S. Embassy Tbilisi (@usingeo) November 26, 2021
The exclusion of independent voices from this process adds to the impression that Supreme Court judicial appointments are being made without meaningful transparency, accountability or impartiality,” the statement reads.
The Parliament's Legal Affairs Committee has been reviewing four candidates, who were selected by the High Council of Justice, for positions in the country’s Supreme Court on November 25-26.
The process of interviewing the candidates for the Supreme Court in the Parliament ends today.
The state legislature approves judges for the Supreme Court with at least 76 (of a total 150) votes. Currently, there are five vacant positions in the Supreme Court.
The US Embassy ‘strongly encourages’ the parliament of Georgia ‘to prioritise the appointment of impartial, independent, non-judge members to the High Council of Justice’ and to complete the independent assessment of the ‘previous waves of reform by Spring 2022.’
The goal now must be to build an impartial, transparent, merit-based judicial system that the people of Georgia can have full confidence in and that allows the full participation of the many qualified, ethical judges and lawyers who work with integrity to promote the rule of law,” the embassy says.
The international community and local NGOs were actively calling on the Georgian government to uphold the process of appointment of judges to the Supreme Court before the fundamental reforms are implemented, however, the state legislature did not suspend the process.
The EU-mediated agreement, which was signed by the ruling Georgian Dream party and a majority of opposition parties in April this year, committed its signatories to ensure large-scale electoral and judiciary reforms, however, the ruling party withdrew from it in late July, stating that they have already taken ‘major steps’ to reform the country’s judiciary and pledged the process will be ‘successfully completed.’
The EU representation to Georgia has refused to attend the hearings of candidates for Georgian Supreme Court judge in the state legislature, as the European Union has been calling on Georgia for several months to carry out a fundamental judiciary reform first.
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 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 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
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.
The European External Action Service (EEAS) has released a statement condemning the recent appointment of four judges to the country’s Supreme Court despite calls to pause the process ‘before addressing the existing shortcomings.'
The US Embassy to Georgia has stated that the Georgian parliament made a 'rushed decision' in approving new rules for electing the Central Election Commission (CEC) head and members. The embassy said that by supporting the amendments, the ruling Georgian Dream party took an 'unnecessary step away' from its commitment to strengthening Georgia's electoral system.
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."