ოპოზიციის და არასამთავრობო სექტორის მუშაობის შედეგი

 

# EU recommendations  What should be done in the shortest  time to get candidate status, developed in the working format of the opposition groups  (the basic option of the parliamentary opposition based on and reconciled with the vision of the non-governmental sector) Full-scale option of the parliamentary opposition parties for  fundamental reforms, developed in the working format of the opposition groups
Address the issue of political polarization, by ensuring cooperation across political parties in the spirit of the April 19 agreement.   To return to the April 19 agreement (Charles Michel’s document) and to implement it, including the adoption of constitutional amendments in the second and third readingsTo end politicized justice.  
Guarantee the full functioning of all state institutions, strengthening their independent and effective accountability as well as their democratic oversight functions; further improve the electoral framework, addressing all shortcomings identified by OSCE/ODIHR and the Council of Europe/Venice Commission in these processes.  The adoption of amendments to the electoral code, according to the April 19 (Charles Michel) political agreement:The Chairman of the CEC and professional members are elected by a two-thirds majority of the members of the Parliament. The first two attempts require a two-thirds majority. Third attempt – three-fifths majority. A further attempt – a simple majority. No vote shall be held unless at least 4 weeks have passed since the previous voteCancel the record according to which, after the expiration of the term of the chairman of the CEC, the “expired” person performs the duties of the chairman until a new one is electedThe appointment of acting person as the chairman  of the CEC for 6 months should be limited to only one term.  Amendments to the Election Code1. Change in the procedure for electing the members of the election administrationNew procedure for electing the CEC chairman and members with a high quorum and necessary intervals for political consultationsImproving the anti-deadlock mechanismNew procedure for electing members of district and district commissions2. Lists of voters:Determining a special voting rule for voters returning from abroad and persons without a place of registrationA new rule for the formation of the portable ballot box listProcedure for keeping and monitoring desk lists and sealed ballots3. The possibility of voting only with electronic ID cards and the passport of a citizen of Georgia (removing old ID cards from use)4. Introduction of digital/electronic means of voter identification and voting/counting throughout the country (including the possibility of voting via the Internet, by mail)5. Changing the voting procedure for voters living abroad (providing a real opportunity to vote for Georgian citizens living abroad)6. Consultations continue on the following issues: voter bribery, will control, secrecy, pressure/intimidation, use of administrative resources, issues of party financing and pre-election campaigning, recounting of results/election disputesChange in the selection procedure of the Auditor General. In accordance with the criteria set by the Speaker of the Parliament, at least 3 candidates will be selected by the majority of the members of the Parliament outside the majority represented in the Parliament and will be presented to the Parliament (requires changes in the reglament). Change in the procedure for electing the Prosecutor General in accordance with the constitutional amendments initiated on June 29, 2021.
Adopt and implement a transparent and effective judicial reform strategy and action plan post-2021 based on a broad, inclusive and cross-party consultation process; ensure a judiciary that is fully and truly independent, accountable, and impartial along the entire judicial institutional chain, also to safeguard the separation of powers; notably ensure the proper functioning and integrity of all judicial and prosecutorial institutions, in particular the Supreme Court and address any shortcomings identified including the nomination of judges at all levels and of the Prosecutor-General; undertake a thorough reform of the High Council of Justice and appoint the High Council’s remaining members. All these measures need to be fully in line with European standards and the recommendations of the Venice Commission.  Adoption and implementation of a new strategy and action plan for judicial reformA new strategy and action plan for judicial reform should be adopted in an inclusive and multi-party format, with the broad involvement of civil societyThe strategy and action plan should clearly describe all the key issues of the reform to be addressed, taking into account the international experience and the needs of Georgia; Realistically tight deadlines for the completion of tasks should be set, with measurable performance indicatorsThe strategy should be based on a thorough assessment of the crisis situation in the judicial system and its causes by independent evaluators, as a result of an inclusive processThe strategy should be adopted by the Parliament in the form of a resolution in the current session and the implementation should start from the beginning of the next year.Selection of members of the Supreme Council of Justice with appropriate qualifications and reputationIn the current session, the Parliament should elect five non-judge members of the Council of Justice. Candidates should be selected through a rigorous process based on broad political consensus. All elected members must be impartial and competent. All elected members must enjoy a good professional reputation and high public trust.Start of the reform of the Supreme Council of JusticeImportant decisions by the Supreme Council of Justice must be made with the support of at least 4 non-judge members elected by the ParliamentDeconcentration of excessive and uncontrolled power in the hands of the Council of Justice should be one of the key issues of the reform strategy. Deconcentration should begin as a priority and quickly, according to the vision and directions outlined in the strategy.It should be prohibited to appoint/elect the same person as the chairperson of the court twice in a row. Chairpersons of courts, chambers, collegiums and their deputies should be prohibited from simultaneously being members of the Supreme Council of Justice.Repeal of harmful newly adopted regulationsAmendments to the Law of Georgia “On General Courts” adopted in an accelerated manner at the end of 2021 (norms on “immigration of judges” and censorship) should be abolished.Transparency of court decisions in accordance with the decision of the Constitutional Court Legislative initiative on common courts covering the following:1. Electiveness of district (city) and appellate court chairmen, collegiums and chamber chairmen2. Change in the procedure for nominating judges of the Supreme Court of Georgia3. Appointment of a judges4. Abolition of the three-year probationary period and the promotion of judges without competition5. System of periodic evaluation of judges6. Quotas of judge members of the Supreme Council of Justice7. Procedure for electing judge members of the Supreme Council of Justice8. Association of Judges9. Election of the secretary of the Supreme Council of Justice10. Transferring the prerogative of choosing and dismissing of the independent inspector to the Parliament of Georgia11. Change in the rule of formation of the Independent Council of the Higher School of Justice12. Optimization of disciplinary proceedings13. The issue of disclosure of personal data in court decisions.The draft law on the procedure for making decisions by the Supreme Council of JusticeThe decision-making procedure by the Supreme Council of Justice will be based on the so-called double  2/3 principle. In particular, the simultaneous presence of 2/3 of the judge members and 2/3 of the non-judge members of the Council will be necessary to make a decision.in addition to this, it is also important to take into account the opinions of local and international experts and international organizations, including the evaluation document, which refers to the implementation of reforms in the common courts system in 2013-2021.
Strengthen the independence of its Anti-Corruption Agency bringing together all key anti-corruption functions, in particular, to rigorously address high-level corruption cases; equip the new Special Investigative Service and Personal Data Protection Service with resources commensurate to their mandates and ensure their institutional independence. The law on the National Anti-Corruption Agency has been initiated in Parliament. It should be discussed and adopted in the current session. The main directions of the agency’s activities will be the prevention of corruption in the public service, control of compliance by officials with the norms established by the law of Georgia “On conflict of interest and corruption in a public institution”, impartial and effective investigation of corruption crimes.Change in the procedure for appointing the heads of special investigative and personal data protection services (on the basis of political consensus, with a majority of 3/5 of the full composition of the Parliament).  
Implement the commitment to “de-oligarchisation” by eliminating the excessive influence of vested interests in economic, political, and public life;  In this basic package, the approaches of the non-governmental sector regarding the process of de-oligarchization were shared. With the extensive involvement of international organizations, the non-governmental sector, experts and political actors, the appropriate legislative framework will be developed.
Strengthen the fight against organised crime based on detailed threat assessments, notably by ensuring rigorous investigations, prosecutions, and a credible track record of prosecutions and convictions; guarantee accountability and oversight of law enforcement agencies.  In the presence of the appropriate political will, law enforcement agencies have the appropriate capabilities and resources to effectively overcome problems related to organized crime. An inter-party standing commission will be created in the parliament, where 1 representative from all parliamentary political factions and groups will be represented and it will be headed by a representative of the opposition. The commission will carry out permanent parliamentary supervision over the activities of law enforcement agencies, including the fight against organized crime.
Undertake stronger efforts to guarantee a free, professional, pluralistic and independent media environment, notably by ensuring that criminal procedures brought against media owners fulfil the highest legal standards, and by launching impartial, effective and timely investigations in cases of threats against safety of journalists and other media professionals.  Termination of ongoing investigations and legal proceedings against critical media outlets. Release of Nika Gvaramia from prison by the presidential pardonEffective investigation and punishment of the perpetrators and the organizers of the violence committed against media representatives on July 5-6, 2021.Based on a broad consensus, the harmonization of media regulatory acts with the EU directivesSubmission of an alternative proposal regarding Article 8, Clause 7 of the Draft Law “On Broadcasting” (immediate enforcement of the decision on fining the broadcasters)  –
Move swiftly to strengthen the protection of human rights of vulnerable groups, including by bringing perpetrators and instigators of violence to justice more effectively;  A full investigation of crimes committed with discriminatory motives on July 5-6, 2021Adopting a national human rights strategy and a corresponding action plan, which includes the development of effective policies against violence and the reduction of homophobia and xenophobia in society. Increasing the political representation and participation of ethnic minorities in the decision-making process. The Parliamentary Standing Commission (see paragraph 6 above) will also be tasked with monitoring crimes committed with discriminatory motives, gross violations of human rights, and supervising the response of law enforcement agencies to the aforementioned crimes.
Notably, consolidate efforts to enhance gender equality and fight violence against women.  Adopting a new action plan on gender-based violence and domestic violenceBringing sex crimes into line with the Istanbul ConventionIncreasing access to services for victims of violence.  Members of Parliament from the opposition parties presented in this working group actively cooperate in the format of the Gender Equality Council with other MPs including those from GD, where it is planned to prepare a legislative proposal aimed at combating violence against women and strengthening gender equality. Bills submitted by October 5 (as announced) will be supported by the group if they are in line with the Istanbul Convention, recommendations made by non-governmental organizations and the European Commission.
10  Ensure the involvement of civil society in decision-making processes at all levels.  Involvement of civil society organizations in the process of developing national level policy/strategy documents and their action plans.   
11  Adopt legislation so that Georgian courts proactively take into account European Court of Human Rights judgments in their deliberations.  Adoption of the relevant law by second and third readings in the Parliament   
12  Ensure that an independent person is given preference in the process of nominating a new Public Defender (Ombudsperson) and that this process is conducted in a transparent manner; ensure the Office’s effective institutional independence.  The parliamentary opposition will support only the independent candidates with a high reputation selected by the non-governmental sector.   


 12 რეკომენდაციის შესრულებასთან დაკავშირებული განახლებული ინფორმაცია 25.10.2022

#

EU recommendations

What should be done in the shortest  time to get candidate status, developed in the working format of the opposition groups  (the basic option of the parliamentary opposition based on and reconciled with the vision of the non-governmental sector)

Status update

1

Address the issue of political polarization, by ensuring cooperation across political parties in the spirit of the April 19 agreement.

 

⮚ To return to the April 19 agreement (Charles Michel’s document) and to implement it, including the adoption of constitutional amendments in the second and third readings

⮚ To end politicized justice.

⮚ GD still refuses to adopt a constitutional amendment about a low threshold while it was adopted by the first hearing last year. According to April 19 agreement, there were two main amendments to be adopted: low threshold and the new process of election for prosecutor general.

 

Last year GD removed the topic of the prosecutor general and the amendments about low threshold were adopted by the first hearing without the prosecutor’s topic. After EU recommendations were received GD demonstratively refused to continue with the second and third hearings for low threshold  amendments. Now, GD returned back to the topic of the prosecutor general again but still refuses to adopt the rest of the constitutional amendments.

 

The opposition showed its political will and constructiveness and voted for the amendments about the prosecutor general.  Nevertheless, the issue of threshold is still unsolved while that is the most important topic that can depolarize the political situation and is a step forward to fulfill the EU recommendations. Besides, a low threshold will contribute to political pluralism in the country and to end one-party rule in the future.

 

The opposition requests to bring up both issues (low threshold and prosecutor)  at the second hearing.

⮚ Politicized cases still in process (cases against critical media outlets TV Formula, Manager and Founder of TV Mtavari Nika Gvaramia still imprisoned).

⮚ GD clearly states that no 19 April agreement exists and they are not bound by that agreement to fulfill any topic from this agreement.

⮚ GD continues to attack the NGOs and lead very polarizing anti-Western campaign.

⮚ GD refuses to go to the political debates organized by critical TV media stations, while pro-Government propaganda channels do not invite opposition and civil society representatives.

⮚ Saakashvili still remains in prison with severe health conditions and his humanitarian transfer abroad is still refused.

2

Guarantee the full functioning of all state institutions, strengthening their independent and effective accountability as well as their democratic oversight functions; further improve the electoral framework, addressing all shortcomings identified by OSCE/ODIHR and the Council of Europe/Venice Commission in these processes.

The adoption of amendments to the electoral code, according to the April 19 (Charles Michel) political agreement:

● The Chairman of the CEC and professional members are elected by a two-thirds majority of the members of the Parliament. The first two attempts require a two-thirds majority. Third attempt – three-fifths majority. A further attempt – a simple majority. No vote shall be held unless at least 4 weeks have passed since the previous vote

● Cancel the record according to which, after the expiration of the term of the chairman of the CEC, the “expired” person performs the duties of the chairman until a new one is elected

● The appointment of acting person as the chairman  of the CEC for 6 months should be limited to only one term.

⮚ Opposition registered new law based on EU recommendations and the civil sector position on Sept 28, 2022. The law has not been discussed by GD majority. https://parliament.ge/legislation/24727 

⮚ GD registered its version of the law focusing only on electronic modes of vote counting. None of the approaches of the opposition and civil sectors and 19 April agreement are taken into the consideration.  

⮚ GD offers the implementation of technologies in only one component such as the vote/bulletin counting machine which is quite outdated and cannot eliminate the problems that we have today. It is also unclear where and how many constituencies will continue to vote in the current manner. At the same time, the technologies, which were discussed in the April 19 agreement (such as bulletins with QR codes, online voting etc.), are absent. Also, GD law does not provide changes in the election of CEC members and chairman. 

3

Adopt and implement a transparent and effective judicial reform strategy and action plan post-2021 based on a broad, inclusive and cross-party consultation process; ensure a judiciary that is fully and truly independent, accountable, and impartial along the entire judicial institutional chain, also to safeguard the separation of powers; notably ensure the proper functioning and integrity of all judicial and prosecutorial institutions, in particular the Supreme Court and address any shortcomings identified including the nomination of judges at all levels and of the Prosecutor-General; undertake a thorough reform of the High Council of Justice and appoint the High Council’s remaining members. All these measures need to be fully in line with European standards and the recommendations of the Venice Commission.

 

Adoption and implementation of a new strategy and action plan for judicial reform

⮚ A new strategy and action plan for judicial reform should be adopted in an inclusive and multi-party format, with the broad involvement of civil society

⮚ The strategy and action plan should clearly describe all the key issues of the reform to be addressed, taking into account the international experience and the needs of Georgia; Realistically tight deadlines for the completion of tasks should be set, with measurable performance indicators

⮚ The strategy should be based on a thorough assessment of the crisis situation in the judicial system and its causes by independent evaluators, as a result of an inclusive process

⮚ The strategy should be adopted by the Parliament in the form of a resolution in the current session and the implementation should start from the beginning of the next year.

Selection of members of the Supreme Council of Justice with appropriate qualifications and reputation

⮚ In the current session, the Parliament should elect five non-judge members of the Council of Justice. Candidates should be selected through a rigorous process based on broad political consensus. All elected members must be impartial and competent. All elected members must enjoy a good professional reputation and high public trust.

Start of the reform of the Supreme Council of Justice

⮚ Important decisions by the Supreme Council of Justice must be made with the support of at least 4 non-judge members elected by the Parliament

⮚ Deconcentration of excessive and uncontrolled power in the hands of the Council of Justice should be one of the key issues of the reform strategy. Deconcentration should begin as a priority and quickly, according to the vision and directions outlined in the strategy.

⮚ It should be prohibited to appoint/elect the same person as the chairperson of the court twice in a row. Chairpersons of courts, chambers, collegiums and their deputies should be prohibited from simultaneously being members of the Supreme Council of Justice.

Repeal of harmful newly adopted regulations

⮚ Amendments to the Law of Georgia “On General Courts” adopted in an accelerated manner at the end of 2021 (norms on “immigration of judges” and censorship) should be abolished.

Transparency of court decisions in accordance with the decision of the Constitutional Court

⮚ Opposition registered law on judicial system reform (including comprehensive reform of common courts, judges selection, the high council of judges, de-concentration etc.) Sept 1, 2021. https://parliament.ge/legislation/22769. The law has not been even discussed and processed by GD majority)

⮚ Opposition registered new law based on positions described in the left column (selection of members of the supreme council of justice; de-concentration of excessive and uncontrolled power in the hands of the Council of Justice etc.) on Oct 5, 2022.  https://parliament.ge/legislation/24789. The draft has not been discussed.

⮚ GD has not registered anything yet after the 12 recommendations were received. Based on GD’s official statements they will include in the new law the social guarantees of judges, software support of courts and translators issue. None of those elements are crucial for de-clanization of courts and for fundamental reforms.

4

Strengthen the independence of its Anti-Corruption Agency bringing together all key anti-corruption functions, in particular, to rigorously address high-level corruption cases; equip the new Special Investigative Service and Personal Data Protection Service with resources commensurate to their mandates and ensure their institutional independence.

⮚ The law on the National Anti-Corruption Agency has been initiated in Parliament. It should be discussed and adopted in the current session. The main directions of the agency’s activities will be the prevention of corruption in the public service, control of compliance by officials with the norms established by the law of Georgia “On conflict of interest and corruption in a public institution”, impartial and effective investigation of corruption crimes.

⮚ Change in the procedure for appointing the heads of special investigative and personal data protection services (on the basis of political consensus, with a majority of 3/5 of the full composition of the Parliament).

⮚ Law on anticorruption agency registered in parliament in Jan 2022. https://parliament.ge/legislation/23455. The draft has not been even discussed and processed by GD majority.

5

Implement the commitment to “de-oligarchisation” by eliminating the excessive influence of vested interests in economic, political, and public life;

 

⮚ In this basic package, the approaches of the non-governmental sector regarding the process of de-oligarchization were shared.

⮚ GD initiated the law based on Ukrainian law on de-oligarchization. The law does not comply with Georgian reality and according to GD statements the law will affect any rich person in Georgia except Bidzina Ivanishvili. The potential persons who will be affected by GD law are Lelo leaders, UNM leaders and critical media owners.  

6

Strengthen the fight against organised crime based on detailed threat assessments, notably by ensuring rigorous investigations, prosecutions, and a credible track record of prosecutions and convictions; guarantee accountability and oversight of law enforcement agencies.

 

⮚ In the presence of the appropriate political will, law enforcement agencies have the appropriate capabilities and resources to effectively overcome problems related to organized crime.

⮚ Instead of fighting organized crime, GD continues illegal taping and surveillance of political opponents,  diplomats, media, NGOs and other groups including clergy. Leaking files from state security services is a proof for GD’s illegal activities.

7

Undertake stronger efforts to guarantee a free, professional, pluralistic and independent media environment, notably by ensuring that criminal procedures brought against media owners fulfil the highest legal standards, and by launching impartial, effective and timely investigations in cases of threats against safety of journalists and other media professionals.

 

⮚ Termination of ongoing investigations and legal proceedings against critical media outlets. Release of Nika Gvaramia from prison by the presidential pardon

⮚ Effective investigation and punishment of the perpetrators and the organizers of the violence committed against media representatives on July 5-6, 2021.

⮚ Based on a broad consensus, the harmonization of media regulatory acts with the EU directives

⮚ Submission of an alternative proposal regarding Article 8, Clause 7 of the Draft Law “On Broadcasting” (immediate enforcement of the decision on fining the broadcasters)

⮚ Nika Gvaramia the owner and manager of critical media TV Mtavari is in jail

⮚ Court cases ongoing against Formula TV owner David Kezerashvili and TV Pirveli owner Tsereteli

⮚ Organizers of the violence against media representatives and journalists on July 5-6, 2021 still not found and not punished.

⮚ The law on Broadcasting presented by GD contains the paragraph about immediate enforcement of the decision of the communication commission on fining media outlets. It means they have to pay hundreds of thousands GEL immediately, before applying to the court. That is the tool how to make bankrupt the critical media.

 

8

Move swiftly to strengthen the protection of human rights of vulnerable groups, including by bringing perpetrators and instigators of violence to justice more effectively;

 

⮚ A full investigation of crimes committed with discriminatory motives on July 5-6, 2021

⮚ Adopting a national human rights strategy and a corresponding action plan, which includes the development of effective policies against violence and the reduction of homophobia and xenophobia in society. Increasing the political representation and participation of ethnic minorities in the decision-making process.

⮚ Crimes of 5-6 July, when over 50 journalists were assaulted and one killed, are not investigated and perpetrators are not brought to justice.

⮚ Hate speech and homophobia are very common among the representatives of GD. The homophobic speech of Garibashvili provoked the violence of July 5 in 2021.

⮚ Illegal taping and surveillance are the primary proof of violation of human rights and private life.

9

Notably, consolidate efforts to enhance gender equality and fight violence against women.

 

⮚ Adopting a new action plan on gender-based violence and domestic violence

⮚ Bringing sex crimes into line with the Istanbul Convention

⮚ Increasing access to services for victims of violence.

 

⮚ The new gender law was presented to the Parliament. Opposition representatives are actively involved in drafting the law. This recommendation is among those few recommendations which is likely to be fulfilled in the coming months.

10

Ensure the involvement of civil society in decision-making processes at all levels.

 

⮚ Involvement of civil society organizations in the process of developing national level policy/strategy documents and their action plans.

⮚ GD excluded high reputable NGOs (ISFED) from the working groups dedicated to election reforms.

⮚ NGO’s recommendations were neglected in the working group dedicated to the ombudsman’s selection procedures, as well as other working groups, including the one on the judiciary

⮚ GD leaders permanently call NGOs radical opposition parties, radical groups and foreign agents. GD dominated media outlets are engaged in a demonizing campaign against the NGOs.

11

Adopt legislation so that Georgian courts proactively take into account European Court of Human Rights judgments in their deliberations.

 

⮚ Adoption of the relevant law by second and third readings in the Parliament

⮚ The law is registered and will be adopted soon. That recommendation is also among the few recommendations which will be fulfilled by GD.

12

Ensure that an independent person is given preference in the process of nominating a new Public Defender (Ombudsperson) and that this process is conducted in a transparent manner; ensure the Office’s effective institutional independence.

 

⮚ The parliamentary opposition will support only the independent candidates with a high reputation selected by the non-governmental sector.

The opposition declared that they would support only candidates nominated by the NGO sector. Also, the opposition and NGO sector insisted to have the same simple procedure as it was in 2017 when Ms. Lomjaria was voted as a public defender. Despite the disapproval from NGOs and opposition, GD adopted new regulations for the public defender selection process. The selection commission was created. The commission evaluated the candidates. Incidentally, the candidates suggested by the NGOs received the top two scores by the selection commission as well. After the scores came out GD leaders announced that scoring does not mean anything and one out of the seven (!) nominated persons will be selected.

The opposition will support only those 3 candidates that were nominated by the NGO sector.

In short, GD created a new regulation, which maintains that the Parliament will chose from the seven persons nominated by the Parliamentary groups. It is becoming more obvious that despite the NGOs, selection commission and opposition agreeing on the top three candidates, GD is likely to support another person from the seven nominees.