Recent democratic developments in Georgia

*Editor’s Note: In view of democracy and human rights, Georgia has made considerable progress since the ‘Rose Revolution.’ The political system in Georgia is in transition to a well-formed, crystalized society, with frequent adjustments to the balance of power between the President and Parliament. The following article on the recent developments in Georgia has been provided by the Embassy of Georgia to the Republic of Korea.

Summary of the statement by the government of Georgia concerning the recent developments in the country

In its recent statement, the Government of Georgia confirmed its unequivocal and adamant will to ensure the country’s European and Euro-Atlantic integration and introduction of the rule of law by means of building democratic institutions.

Pointing to the differences between the current and ex-governments of Georgia, it has been mentioned that the previous government used uncivilized methods in its governance such as a judiciary under total control, controlled media, powerless opposition, total control over business, singlehanded decisions, etc., while the new authorities intend to take a difficult and yet proper path to ensure the rule of law, build democratic institutions, and create a competitive and fair environment to this end.

In such a short time, the government’s actions have proved more than once that it intends to address the challenges facing the country, exclusively based on democratic values.

Constitutional balance

Keeping constitutional balance by limiting the immense power concentrated in the hands of the executive branch and transferring it to the parliament is a key issue. Some constitutional amendments adopted in 2010 by the previous parliament included the limiting the rights of the president, but empowering the prime minister tremendously, allowing him/her to interfere with legislative functions and singlehandedly appoint the government. These amendments, tailored for a particular person (President Saakashvili) are about to come into effect in October. However, the Prime Minister, the Chairperson of the Parliament, and the opposition leader saw an agreement on the joint development of fundamental constitutional amendments, which will limit the Prime Minister’s powers and ensure constitutional balance that will serve as the foundation for true democracy in the country.

Independent judiciary

Throughout the reforms, the government managed to achieve a truly independent judiciary. In the past nine years, statistics have been alarming. Acquittals constituted only 0.01 percent of all court decisions. The positions of the prosecution and judges were in full harmony. Due to the government’s reform, for the first time in the history of Georgia, the judges were able to democratically elect their representatives in the High Council of Justice. Courtrooms were closed to the media since 2007, but were opened again making the trials transparent to the public and media.

Rule of law

Eradicating selective justice serves as a cornerstone to the Rule of law. Georgia witnessed selective justice and impunity of senior officials for years, while a zero tolerance policy applied to average citizens. Immediately upon the change of government following the October 1, 2012 parliamentary election, thousands of citizens whose rights had been violated turned to the investigation agencies, demanding investigation of various crimes, such as torture, inhuman treatment, unlawful property expropriation, privacy infringement, blackmail, intimidation, etc.

The current Georgian government is obligated to put an end to the widespread disease of impunity. There cannot be any dividing line. This is why recently charges were brought not only against former senior officials but also against acting senior officials. Since the coming into power of the new government, thirty-three current officials have been charged with various crimes.

Freedom of the press

Ensuring freedom of the press ensures transparency and democracy. One of the main achievements by the current Georgian government involves freeing the media from governmental pressure. Before the election, the main media outlets were controlled by the government, while the remaining media had limited incoming sources. There was frequent interference in the activities of journalists, including acts of beating and physical intimidation. A selective approach was deployed and artificial obstacles were created for such media outlets.

Immediately upon the change of government, governmental pressure was fully removed, and pluralistic information became available. Commercial income opportunities are now made available to media outlets, automatically resulting from the act of freeing business from governmental pressure; the parliament adopted a law aimed to ensure a more democratic way to compose the board of public broadcasters, while also furthering the transparency of financing of television companies; and the must-carry and must-offer regulations are now mandatory.

Electoral environment

Georgia has spent many years in a shackling and unfair electoral environment. The change of government through the October 2012 parliamentary elections should not be credited to the former Georgian government as a successful accomplishment. Prior to the elections, 150 of Georgian Dream (currently ruling party) supporters were unlawfully detained; the property of 60 of the contributors of the party was levied; and hundreds of its members and activists were fined and subjected to humiliating interrogation.

The new government does not intend to treat the opposition the same way. It will rather make an all-out effort to ensure a fair and free electoral environment for all political forces. International observers have been invited five months prior to the election.

Human rights

Torture and inhumane treatment in penitentiaries posed a serious and deep-rooted systemic problem. Overcrowded penitentiaries and poor healthcare were also integral parts of this system. Inmate mortality rate was unimaginably high (about 150 deaths per year). After the election, the situation in penitentiaries underwent drastic changes. Torture and inhumane treatment by prison administration are no longer reported; the national prevention mechanism has been empowered; effective healthcare reform in penitentiaries is underway; and re-socialization programs have been launched.