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Rule of Law Initiative Programs - Georgia

Anti-Corruption

Anti-Corruption Strategy and Action Plan meeting. 2007.

ABA's anti-corruption program seeks to assist the Government of Georgia with the implementation of the National Anti-Corruption Strategy and Action Plan adopted in June 2005 and March 2006, respectively.

Ratification of the UN Convention on Anti-Corruption (UNCAC) is one of the key items in the Action Plan. ABA led a team of experts that prepared a comprehensive treatise on harmonizing domestic legislation with the provisions of the UNCAC, a prerequisite for Georgia to ratify UNCAC. ABA will continue to work with the Parliament Legal Committee, Ministry of Justice, and Ministry of Foreign Affairs to push ratification of the UNCAC forward.

For more information, contact Donna Wright, Country Director.

Criminal Law Reform & Human Trafficking

Participant/attorney Murman Nikoleishvili examines participant/witness Levan Gegeshidze while trainer/judges Ani Morgoshia and Lasha Mdivani. Trial Advocacy Training. March 15 – 18, 2007.

ABA's criminal law program provides timely and direct assistance on criminal justice issues to the Government of Georgia, as well as to the legal and law enforcement community.

Criminal Procedure Code

With ABA's assistance, the Criminal Procedure Code working group completed a final draft of the Code in spring 2006. The new Code is intended to bring Georgia's criminal legislation into compliance with international standards. CEELI translated and distributed the draft Code to an international audience and brought international experts to Georgia to work directly with the drafters. One important result was that an explicit presumption of liberty, which the drafters had not included, was added. As a result of these types of changes, the current draft Criminal Procedure Code more closely follows the requirements of the European Convention on Human Rights. ABA also organized a workshop for the drafters to present the draft Code to the Georgian legal community. In December of 2006, the Criminal Procedure Code passed the first reading in Parliament and is expected to undergo a second and third reading in early 2007. Once approved by Parliament, the CPC will become effective on January 1, 2008.

Defense Bar Training

In preparation for the new Criminal Procedure Code, which is based on an adversarial system, ABA conducts Trial Advocacy Skills Training programs for Georgian lawyers that are being taught by ABA staff along with a cadre of Georgian trainers. These trainings focus on practical lawyering skills such as how to present effective opening and closing statements as well as how to conduct effective direct and cross examinations in the court room. In December 2006, ABA conducted a NITA-style Training for Trainers Program for 20 participants. The purpose of this is training is to build the capacity of the defense bar and provide competent local trainers that can continue to offer advocacy trainings without the assistance of ABA.
In late 2006, the Georgian and Azerbaijan Criminal Law Programs held a joint trail advocacy and competition in Guduari, Georgia for 24 prosecutors and defense attorneys (6 prosecutors and 6 defense attorneys from each country). Although the overall purpose of the training was to strengthen participants' advocacy skills, the training also focused on substantive issues such as money laundering and trafficking. Regional trainings such as these offer unique opportunities for attorneys and prosecutors from neighboring countries to share their experiences, knowledge and concerns with one another and hopefully learn to cooperate on such issues in the future if necessary.

Strategic Planning Workshop of Georgian Association of Inspectors General. January, 2007.

Inspector General

Over the past year, ABA worked with local partners (Ministry of Justice, USAIG, and the OSCE) to develop a fully functioning and independent Georgian Association of Inspector's Generals (GAIG) modeled after the United States Inspector General Association (USAIG). ABA supports the GAIG by providing information and resources such as model by-laws, organizing meetings, and by providing technical assistance to GAIG members. ABA assisted the GAIG in the development of a founding charter, strategic plan, and action plan. In 2007, ABA will continue to provide technical assistance and training on association management, fundraising and proposal writing.

Human Trafficking

Participant/attorney Murman Nikoleishvili examines participant/witness Levan Gegeshidze while trainer/judges Ani Morgoshia and Lasha Mdivani. Trial Advocacy Training. March 15 – 18, 2007.

ABA's Criminal Law Program provided scholarly commentary on Georgia's anti-trafficking legislation that was adopted by the Parliament on February 28th, 2006. The law aims at protecting victims of trafficking and providing an avenue for Criminal prosecution of traffickers. It is hoped that during the course of the next year Georgia will ratify the Council of Europe Convention on Combating Trafficking and the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The ratification will supplement the UN Convention against Transitional Organized Crime. In addition, ABA is working vigorously to develop an effective Victim Referral System and in November, a National Referral Mechanism (NRM) was adopted by the Georgian Government. ABA will continue to provide technical assistance on the implementation of the NRM and on the development of a new National Action Plan.

For more information, contact Donna Wright, Country Director.

Gender Legal Issues

ABA's long-term goal in the area of gender legal reform is to assist women to attain equality under the law and throughout their everyday lives. During the past year, ABA's gender program has focused on addressing domestic violence.

Members of the Georgian Young Lawyers Association (GYLA) discuss the Law of Georgia on Combating Domestic Violence, Protection of and Support to Its Victims and the Domestic Violence Action Plan that is hoped to be implemented in 2007.

ABA sponsored a coalition, led by GYLA that succeeded in advocating for the adoption of Georgia's first domestic violence legislation and a government action plan. As part of the advocacy campaign, ABA hosted the fourth annual domestic violence fair on March 8 (International Women's Day), and prepared a documentary film and public service announcements on domestic violence as well as posters and informational pamphlets. The domestic violence coalition also prepared a Manual and training module that is being used to train legal professionals.
ABA expanded its support for the Women's Rights Advocacy Center under the aegis of the Center for the Protection of Constitutional Rights (CPCR). The Women's Rights Advocacy Center provides legal counseling and court representation to women in such areas as labor law, family law, domestic violence, and bride kidnapping. The Center also operates a hotline. During the past year CPCR also initiated a traveling lawyers program to provide assistance to women in Georgia's regions. Over 500 women received legal assistance from CPCR during the past year.

For more information, contact Donna Wright, Country Director.

Judicial Reform

ABA's judicial reform activities focus on strengthening the judiciary to become an equal and independent branch of Government. ABA provides ongoing assistance to the High Council of Justice (HCOJ) and Supreme Court in instituting sweeping court reforms, as well as assisting the High School of Justice and the Constitutional Court. In addition, ABA is working with the Ministry of Justice to overhaul the procedures for enforcement of judgments throughout the country.

Judge Brown, ABA Rule of Law Specialists (middle), sits in on an meeting at the Enforcement Department of the Ministry of Justice in which they discussed the implementation of the new case management system. 2007.

In 2006, ABA provided technical and financial assistance to the HCOJ for the Judicial Qualification Exam, which was given three times throughout the year. With each round of the exam, the HCOJ has assumed increased responsibility. For the third round of exams in March 2006, the HCOJ provided 50 percent of the funding and fully administered the exam, with ABA staff serving only as observers. The pass rate of approximately 15% indicates that the HCOJ was able to protect the integrity of the exam. In previous years when such regulating mechanisms were not in place, the pass rate was much higher. The judicial exam process has served as a model for the Georgian Bar Association and for the bar examinations of Armenia's Chamber of Advocates.

ABA published the first Judicial Reform Index for Georgia in April 2006. With 15 of the 30 factors given a negative correlation and only two receiving a positive correlation, the JRI highlighted many areas where continued reform is needed. Shortly after the JRI was released, President Saakashvili announced the formation of a high-level Commission on Judicial Reform. ABA will continue to support the efforts of the HCOJ and Supreme Court to address the problems highlighted in the JRI.

Eka Tkeshelashvili, Chairwomen of the Tbilisi Appellate Court and to her left former Supreme Court Justice from Washington State discuss Judicial Reform. 2007.

ABA is collaborating with the Enforcement Department of the Ministry of Justice on the development of a new case tracking system (Writ Management System), and is working on drafting new regulations for the Enforcement Department and developing new training modules for the Enforcement Department management and staff. ABA will facilitate the roll-out of the system beginning with the Enforcement Department and Tbilisi Bureau in early 2007 and will continue with the regional bureaus throughout 2008-2009.

In fall, 2006, ABA co-hosted a Regional Judicial Conference held in Batumi, Georgia. The Conference was a joint effort of the Supreme Court of Georgia, USAID, ABA and GTZ. A total of 30 judges attended the conference, 8 from Armenia, 6 from Azerbaijan, one from the Ukraine and 14 from Georgia, along with the Secretary of the High Council of Justice of Georgia. Thirteen experts from the U.S., Germany, Lithuania, Estonia, Poland, Romania and Australia also participated in the conference. The conference focused on issues of judicial independence, including requalifying sitting judges and appointing new ones, establishing judicial associations, developing ethics and disciplinary codes, judicial education, and court management and administration.

For more information, contact Donna Wright, Country Director.

Legal Education Reform

ABA's legal education reform program seeks to improve the quality of legal education in Georgia and assist in the development and expansion of opportunities for Georgian law students' to develop practical skills.

Georgia Bar Association Ethics Commission Member receive training on legal ethics. March 24, 2007.

ABA worked with the Ministry of Education to conduct a complete overhaul of its law universities and launch a formal institutional accreditation of all the major universities in Georgia with a law faculty. Currently, there are 62 universities (18 public and 44 private – 43 of which are in Tbilisi and 19 are in the regions) that have law faculties. This study was completed and presented in November. It found that only 32 law schools passed the accreditation process. 17 universities with a law faculty will be taking part in the accreditation process that will take place between 2007 - 2012. Such efforts help to increase the quality of education and level and intensity of training that is offered at law universities.
With ABA assistance, in April 2006, a pilot legal clinic dealing with apartment owners rights opened in the seaside city of Batumi. The Novartis clinic is a joint project of the Regional Center for Protection of Human Rights, Batumi State University, and the law firm Rukhadze and Company. The clinic's main purpose is to provide pro bono legal services to the citizens of Batumi living in multiple apartment houses as well as internally displaced persons (IDPs) in the Adjara region. To date, the clinic, which was staffed by 10 law students in the Spring and Fall semesters and has assisted over 160 IDPs register their real property so that they will be able to defend their property rights through the Presidential program "My House."
ABA expanded its highly successful pilot Street Law Program (currently in its 4th semester) to 18 schools in Tbilisi and in the regions. In preparation, ABA conducted an intensive training program for the 40 law students that would serve as Street Law Coordinators. The program provides law students with practical analytic skills and raises awareness among secondary school students of the country's legal system, democracy, human rights, and conflict resolution. This years program has over 275 participating students.
For the past five years, ABA has supported the National Moot Court Competition implemented by the Georgian Law Students Association (GLSA). The competition provides students with the opportunity to develop legal research and advocacy skills. In 2006, more than 45 teams took part in the competition, which included 10 teams from cities and towns outside of Tbilisi. For the first time, ABA conducted an advocacy skills training for the top ten teams.

For more information, contact Donna Wright, Country Director.

Legal Profession Reform

GBA strategic panning session took place in early 2007 commemorating the two year jubilee. Membership, fundraising and public out reach were a few of the topics discussed at this session. Members of the GBA discuss long term strategy in a late night strategic planning session.

Throughout 2007, ABA has been focusing on supporting the development of the newly established Georgian Bar Association along with the adoption of a new Ethics and Disciplinary Code. ABA also assisted the GBA administer two round of bar examinations.
After almost a year of spirited debates, court cases and legislative amendments, the Georgian Bar Association (GBA) was formally established on January 21, 2006. More than 500 advocates throughout Georgia gathered for the Inaugural general assembly, which adopted the GBA's charter and to elect its governing bodies. In the months leading up to the critical meeting, ABA worked with GBA leaders to draft amendments to provisions in the Law on Advocates that had undermined the legitimacy of the GBA and to encourage advocates to turn out for this important vote. Forming the GBA was a crucial step in preventing the government from taking over regulation of the legal profession and undermining the independence of lawyers.

With ABA's assistance, the GBA's newly formed Ethics Committee drafted a comprehensive Code of Ethics and Disciplinary Procedure that were adopted by the General Assembly of the GBA in April 2006. ABA continues to support the Ethics Committee in providing ethics training for GBA members and implementing the Disciplinary Code.
In November 2006, ABA collaborated with the GBA in administering the Association's second bar examination. The exam was held over a period of 5 days with over 2000 people taking the exam and resulted in a 54% pass rate.

For more information, contact Donna Wright, Country Director.