Statement on electing non-judge members of the High Council of Justice

17.10.2023

Statement

Today, on October 17, 2023, the Parliament of Georgia elected two non-judge members of the High Council of Justice. One of them is Goga Kikilashvili, the son of Khvicha Kikilashvili, judge of the Constitutional Court of Georgia.

On October 16, 2023 the Constitutional Court of Georgia made a decision by six votes against three, which establishes the violation of the norms of the Constitution of Georgia by the President of Georgia, Salome Zurabishvili.

Judge Khvicha Kikilashvili is among the six judges who supported the decision.

The fact that on the second day after the decision of the Constitutional Court on the President's impichment case was announced, the Georgian Parliament elected the judge's son, Goga Kikilashvili, with 90 votes, on the position of a non-judge member of the High Council of Justice is worrying.

The Parliament also elected the second non-judge member of the High Council of Justice - Levan Nemsadze. In this case, attention is drawn to the fact that voting was held twice under the pretext of "technical error". The first time, Levan Nemsadze was able to get 89 votes, and in the second voting, 90 MPs supported him (including opposition MPs).

It is significant that none of the newly elected members presented such visions at the hearing held in the Parliament, which could become one of the prerequisites for their meritorious election to the position.

It should be noted that the election of non-judge members of the High Council of Justice is one of the conditions for obtaining the EU candidate status. However, with this decision, the Georgian authority creates an imitation of the fulfillment of the mentioned condition of the European Commission.

The developments clearly represent an example of nepotism in the judicial system, which, along with other shortcomings, considerably hinders the European integration process of Georgia. In addition, given the role and importance of the High Council of Justice as a constitutional body, such decision undermines trust in the judicial system and strengthens clan rule.