NGOs urge the Minister of Justice and the Prime Minister to direct the process of appointing the General Prosecutor of Georgia in a responsible manner
On December 30, 2013, the General Prosecutor of Georgia, Mr. Otar Partskhaladze resigned. The developments around the former General Prosecutor, including questions regarding his criminal record and legal education, clearly showed significance of selection process and underlined responsibility of relevant authorities involved in this process, in particular the Minister of Justice and the Prime Minister.
Para.3a of Article 9 of the Georgian Law on Prosecutor’s Office stipulates that “the General Prosecutor organizes and directs activities of the Prosecutor’s Office. He/she is responsible for the activities of the Prosecutor’s Office.” Therefore, the General Prosecutor should enjoy morally and professionally high reputation. Otherwise, it will have an adverse impact both on administration of criminal justice and public trust. In this light, it is important to thoroughly study biography, experience and educational background of each candidate, as well as their views on solving the existing problems and implementing reforms in the Prosecutor’s Office. It is also important for the society to be aware of the principles and values applied in selection of the new candidate of the General Prosecutor.
Para 1, Article 9 of the Georgian Law on Prosecutor’s Office stipulates that “The General Prosecutor’s Office is headed by the General Prosecutor, who is appointed and dismissed by the Prime Minister with a submission from the Minister of Justice”. Clearly the law places special competence on the Minister of Justice in selection of the General Prosecutor. In this light, the statement of the Minister of Justice Ms. Tea Tsulukiani on the First Channel of the Public Broadcaster is disappointing: “It is the Prime Minister of Georgia who is involved in the selection process of the General Prosecutor. I am not aware of the names of the candidates the Prime Minister might be considering.” This statement illustrates that executive government attributes only a formal meaning to the involvement of the Minister of Justice in the selection process of the General Prosecutor prejudicing the true context of the law.
The Georgian legislation requires that the Minister of Justice herself take the responsibility for selecting the candidate of the General Prosecutor. Joint participation of the Prime Minister and the Minister of Justice in this process is a guarantee that morally and professionally suitable person will be appointed as the General Prosecutor. The statement of the Minister of Justice illustrates, that despite the requirement of the law, she is detached from the selection process. All of the above-stated makes us to contemplate that the Prime Minister of Georgia aims to select the candidate of the General prosecutor authoritatively.
We urge the Minister of Justice and the Prime Minister to act in accordance with the requirements of the Georgian Law on Prosecutor’s Office and to engage in the selection and appointment process of the General Prosecutor with an adequate responsibility.
International Society for Fair Elections and Democracy (ISFED)
Georgian Young Lawyers Association (GYLA)
Transparency International Georgia (TI Georgia)
Georgian Democracy Initiative (GDI)
Georgian Bar Association
Article 42 of the Constitution
Human Rights Education and Monitoring Center (EMC)
Non-governmental organization CIDA