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For the ancients, in addition to Fortune, Justice was also a blindfolded goddess, and was represented with a scale and a sword. She measures and punishes, impartially. But Georgian justice does not seem to be blindfolded at all
Justice in Georgia has been the subject of internal and international criticism for years. The Courts are permanently among the institutions that enjoy the least trust from citizens. A Caucasus Research Resource Center survey of 2022, shows that 38% of participants have no faith in the judiciary. According to the interviewees, the law is not the same for everyone, and the courts favor some citizens over others. This balance comes despite the numerous justice reforms of recent years. The reason is thus summarized by European Parliament in the evaluation of the 2022 Association Agreement : “The reforms mainly addressed institutional issues and procedural rules, while leaving intact the ‘system of influence’ which permeates the judicial system from within and maintains the existence of an influential group of judges (called ‘clan’ by prominent Georgian observers ) supported by the ruling coalition. The appointment of judges, which occurs through opaque procedures, allows influential judges both to alternate between key positions (such as court presidents) and to maintain their influence by controlling two-thirds of the seats on the High Council of Justice. […] there is evidence that the High Council of Justice still selects candidates on the basis of their loyalty to the ‘clan’”.
A plus recent report US on Human Rights in Georgia gives the same reading of the main evil of the judiciary, a third power which – not being independent from the executive and legislative – makes Georgian democracy lame. The report reaffirms the role of the “clan”, a clique of judges in top positions who effectively manage cases and courts, placing their own and stopping the careers of those who might oppose, or burdening the recalcitrant with work, redistributing the cases making the work hell, or facilitating careers.
The blow to the clan
On April 5, the US State Department imposed sanctions on Judges Mikhail Chinchaladze, Levan Murusidze, Irakli Shengelia and Valerian Tsertsvadze, as well as their family members, and banned them from entering the United States due to significant corruption and power abuse. The measure is rather unusual and has detonated a landmine in relations between the United States and Georgia and in the country’s internal debate. The four judges are respectively a life judge, president of the Tbilisi Court of Appeal, a life judge, member of the High Council of Justice, a former member of the High Council of Justice, and a former judge, former president of the Court of Appeal.
The measure comes after a series of State Department statements on justice in Georgia and was motivated by Ambassador Kelly Degnan as a result of reliable and consistent information leading to the determination that these judges were engaged in significant bribery bribery activities – impeding fair trials and offering illegal benefits or pressuring other judges to make decisions that benefited their political allies – and that they manipulated judicial appointments. Degnan defined the measure as a sanction, triggering the reaction of Irakli Kobakhidze, secretary of the Dream who corrected it, saying it is a “travel ban” and not a sanction. But Degnan dismissed the dispute by stating that the concept is very clear: appointed judges and relatives cannot enter the United States.
One of the sanctioned has minimized the impact of the measure that concerns him, saying that his grandfather also did not go to the United States or Europe and had a normal life all the same.
reactions and implications
Beyond the trivialization, a case has arisen, and the reactions speak volumes about the positions that have emerged in the country’s political life.
The High Council of Justice meeting in a dedicated session expressed support for the sanctioned judges. The State Department and the United States in general have been accused of wanting to take control of the Georgian courts, and that the judges – including those in question – are the bulwark of Georgian national sovereignty.
The prime minister Irakli Garibashvili repeated this analysis , and added that under the Georgian Dream Georgia initiated justice reforms that are a model for all of Europe and urged Georgians to feel proud of the Courts, which excel many in Europe. In truth, the comparison with Europe is bizarre, given that the sanction measure was adopted by Washington and not by Brussels, but perhaps it betrays the awareness that this measure will have an impact on the country situation, and on Georgia’s European prospects.
The weight of the image damage was immediately highlighted by President Salomè Zourabishvili who contacted the State Department and expressed concern and regret that among the countries with sanctioned figures there is Georgia at this particular moment, in the midst of the European process. The president has desired timely and effective justice reform, so as to rehabilitate the country’s image.
The reform is one of the 12 points indicated by the European Union to guarantee the country candidate status. The third point requires to: “Implement a transparent and effective judicial reform strategy and action plan based on a broad, inclusive and cross-cutting consultation process, ensuring an independent, accountable and impartial judicial system and safeguarding the separation of powers.” The time is not yet ripe for a decision from Brussels, but the US measure already sounds like a heavy rejection of the steps taken to meet this priority.
The opposition has tried to set up a temporary commission to investigate corruption in the judicial system, but three times the majority failed to have a parliamentary quorum. On April 25, the Georgian prime minister was on a visit to Brussels, where again the president of the European Council Charles Michel wished a path of pro-European reform, in line with the commitments made and with the clear expectations expressed by the Georgian society .
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