The Rose Revolution of 2003 not only brought about a new breath of freedom to Georgia, but also triggered wide ranging social and political reforms.  These reforms have served to place Georgia on an unalterable course for institutionalizing a democratic process and an open, transparent government.  One area that has received special attention is modernizing the Georgian judicial process to place the country within the established parameters of law that members of the European Union follow.

Before 2003, generations of Georgians were forced to accept a Communist system that made a mockery of the term “justice.”  Judges were appointed not to weigh evidence in a fair and equal manner, but to ensure the survival of a corrupt state system of governance.  After Georgia gained independence in 1991, these same judges lorded over a justice system that was fundamentally broken and corrupt. Low salaries guaranteed that “justice” was for sale to the highest bidder. The new democracy that was being forged was hobbled by corrupt and incompetent judges. Rebuilding Georgia’s judiciary would become the central focus of a four-year effort whose results are now being realized. To begin with, courts are no more plagued by the rampant corruption of the Shevardnadze era. This did not solve all problems: it still is proving extremely difficult to find decent, educated, qualified personalities able to make independent rulings and willing to execute justice in the country.

During the past several years, the President and Parliament have placed special focus on overhauling the Georgian judicial process and detention facilities. To date, 126 new judges have been appointed according to stricter guidelines that call for intensified training and rigorous interviews.  Georgia is about to adopt standards of higher legal education in accordance with the Bologna Process. Graduates in three categories of legal professions – judges, lawyers and prosecutors – will have to pass, upon completion of academic studies in the graduate school, a Unified Certification Exam. One additional innovative element is the establishment of a High School of Justice designed to provide prospective judges with an intensified 18-month course in legal process and procedures.  Shortly, only legal experts who passed the Unified Certification Exam will be admitted to the High School of Justice to become judges.

To focus resources and increase the efficiency of the court process, court districts are being enlarged and new magistrates and court personnel have been added to allow for the speedier trials that more fully protect the rights of the accused.

Another important part of the ongoing reform of the court system concerns reforms of the instances of courts. Claims subject to a “first instance” ruling have been separated from the appellate and cassation courts. The admissibility to these courts has been streamlined. In particular, cassation petition is allowed, among other instances, if the case is essential for development of the court and establishment of court practice.

The Georgian Parliament has mandated dramatic increases in the financial and material support to the courts.  The budget of the judiciary has tripled in the course of the last three years, to over $20 million. Salaries and pensions for judges have increased. This has served to substantially improving the working conditions of judges. Today, judges have basic research tools such as Internet access and special digital networks to track cases and legal decisions.

A major focus of judicial reform is aimed at strengthening the independence of courts. New constitutional guarantees have been introduced. In the past, decisions pertaining to the judiciary such as the appointment of judges, their promotion and dismissal was the sole jurisdiction of the President.  Today, the President not only no longer chairs the Council, but is not even a member, and a self-governing body of justices – the Conference of Judges – elects half of the members of the High Council of Justice. To eliminate conflicts of interest and deter any politicization of the judiciary, the Minister of Justice, who sat on the High Council of justice, has been dropped from the Council and the Parliament no longer appoints permanent members to the Council. These changes now serve to bring transparency and independence to the judiciary and prevent any accusations of political interference or manipulation into overseeing the judicial system.

The law on disciplinary responsibility and disciplinary prosecution of judges has been substantially amended. “Grave breach of law”, which constitutes a felony, is now explicitly defined and clarified to mean a violation of the Georgian Constitution, an international agreement or treaty, or an obligation under Georgian law that caused (or could have caused) substantial damage to a participant in the legal process.  If a judge faces charges of professional wrongdoing, an independent Disciplinary College, elected by the Conference of Judges from members of the High Council of Justice and made up of judges, at least half of whom, and those from the legal profession, is responsible for investigating and deciding what punishment, if any, should be handed down.

To further strengthen the independence of the judiciary, several other legal guarantees have been introduced. In particular, the law on ex-parte communication has been adopted, insuring judges from attempts by outside actors to influence them.  It also obliges judges to report immediately to the High Council of Justice on any attempt to influence the court regardless of whether it is done by a State official, member of the Executive branch, lawyer or common citizen. This law explicitly forbids contacting a judge regarding any specific claim under his or her review.

Georgia has made significant strides in moving from a corrupt judicial bureaucracy to a system that is designed to protect the defendant and ensure fair treatment under the law.  The key to continued progress is ensuring vigorous oversight by a democratically elected parliament, transparency, and the continued recruitment of qualified individuals into the legal profession.

The foundation of any democracy is its adherence to the rule of law and the protection of individual rights. Georgia has made substantial progress in four short years, but the need to push forward and devote more resources, time and attention to this keystone of democratic governance is widely understood. The Georgian nation has seen how corruption and political manipulation of the judicial process can serve as tool to enslave a nation – and is determined to prevent that from happening again.