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Council of Europe: Six-monthly report - the situation in Georgia

July 3, 2004

Compliance with commitments and obligations: The Situation in Georgia,

prepared by the Directorate of Strategic Planning (February 2004 - June 2004) of the Council of Europe

On the basis of the report, the following specific recommendations can be drawn:

1. Profound constitutional amendments should be submitted to the Venice Commission in due time and well in advance of their examination by the Georgian Parliament. The Opinion of the Venice Commission on the amendments adopted in February 2004 should be taken into account on the occasion of a further revision of the Constitution.

2. The Venice Commission’s Opinion should be taken duly into consideration when adopting the final autonomous status of Adjara.

3. When the time comes, the Council of Europe and its Venice Commission stand ready to assist in the elaboration of future autonomous status for South Ossetia and Abkhazia; at a further stage, Council of Europe assistance could also be mobilised to promote European principles and standards and their concrete implementation in these two regions, with a view to their smooth reintegration.

4. The Council of Europe and its Venice Commission could provide continued assistance to the Central Electoral Commission for the preparation of the forthcoming local elections, as well as its transformation into a non-partisan, professional body and other aspects of the electoral law (including the threshold).

5. In response to the request by the Georgian authorities, the Council of Europe should provide appropriate expertise on the draft Code of Criminal Procedure well in advance of its examination by the Parliament. Council of Europe expertise should also be provided on the draft Law on the Prosecutor General’s Office and the draft Law on Police. Proper synergies should be ensured between the legal expertise by the Council of Europe on these drafts and assistance by the newly established European Union mission on the rule of law.

6. Serious efforts should be made to end inhuman practices (ill-treatment or torture) and to raise the level of professional ethics within the law-enforcement agents. In response to the request by the Georgian authorities, the Council of Europe stands ready to provide its assistance for human rights training of police forces and the elaboration of a code of ethics, with urgent need in Adjara. Council of Europe activities to assist the Police Academy should be strengthened.

7. Draft amendments to the Organic Law on the Common Courts of Georgia should be transmitted as soon as possible to the Council of Europe, as agreed last April,  in order to ensure that the composition and role of the Council of Justice will be fully compatible with the Organisation’s standards as regards independence of the judiciary. The draft Organic Law of Georgia ‘On the Proceedings of the Disciplinary Responsibility and Prosecution of Judges’ should also be transmitted.

8. Profound systemic reforms to eradicate corruption at all levels should be pursued in compliance with GRECO recommendations. The Council of Europe should remain vigilant that the welcomed, increased efficiency in the fight against corruption and organised crime does not take place at the expense of the principles of human rights and the rule of law, in particular the respect for the presumption of innocence, the rejection of any form of violence and torture and the respect for the principle of legality at all levels of the procedure.

9. Media pluralism and independence should be respected and reinforced. The State Television should be transformed into a genuine Public Service Television in compliance with the recommendations made by Council of Europe experts on the draft law on broadcasting.

10. Council of Europe stands ready to assist the Georgian authorities in the reform of the territorial organisation of the country and will continue to support the reform of local self-government. In this context, particular attention should be paid to the question of election of all mayors. Georgia should ratify the European Charter on Local Self-Government without further delay.

11. In response to the request by the Georgian authorities, Council of Europe should continue  to pay particular attention to the issue of the legal status of religious entities in Georgia and provide expert assistance in the matter.

12. The Framework Convention for the protection of National Minorities should be ratified.

13. The Council of Europe stands ready to provide, upon request by the Georgian authorities, expertise on legislation regarding the repatriation of deported persons during the period 1940-1944.

For detailed report please visit: http://www.humanrights.ge/eng/files/SG INF 2004 19 GEORGIA REPORT.zip

 

 

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