Topics discussed by the HCoJ in November

Main Findings

• The HCoJ appointed 26 judges being on 3-year probation with a probation period coming to an end for life. The appointment was refused to only Nino Giorgadze, who was Bolnisi regional court judge until 1st of December this year. (see.: Georgian Court Watch assesses the decision of the Council of Justice as a punishment – judicial activity was suspended for Nino Giorgadze, being on 3-year probation period);
• High Council of Justice made all decision unanimously, without any dissenting opinion/question, despite the fact that the HCoJ was working with the full composition (15 members);
• The HCoJ did not publish information on postponing the sessions on the website in advance, within a reasonable time;
• Information on the planned sessions were published with the violation of the organic law – either a day earlier, or on the day of the session, instead of 3-day prior notice. 

1st of November 2023

Initially, the meeting was announced to be held on 31st of October, however, after postponing, was held on 1st of November. 
Discussing the topics took 2 hours and 18 minutes total during the session. 
Nino Kadagidze, Head of the High Council of Justice and the Supreme court, did not attend the meeting. 

Agenda: 

1. On the provision of petrol to some judges;
2. Draft law on amnesty;
3. Letter from the Head of Tetritskaro regional court;
4. On the authority of certain judges;
5. On defining composition of chambers/collegiums in some regional (city)/appellate courts;
6. Organizational topics.

Main topics/decision discussed during the session: 

• The first topic was related to the letter of Tbilisi City Court Judge Nona Zarqua, according to which her actual place of residence is Mtskheta and she has to commute daily (Mtskheta-Tbilisi-Mtskheta). In the letter, the judge requested provision of petrol. Review of the topic was postponed in order to study additional details.
• The second topic of the agenda was the draft law on amnesty. The main provision of the draft law refers to the illegal acquisition of ownership rights to agricultural land owned by the state, until 1st of September 2023. In particular, cases of offenses provided by the Articles 180 and 362 of the Criminal Code; amnesty does not apply to the crimes committed by the government officials, state enterprises and non-entrepreneurial, non-commercial persons using the employment status, as well as to cases committed by the organized groups. Mentioned amnesty is not absolute in nature and its application will depend on the personal request, the draft law was already passed the first hearing at the Parliament. The HCoJ members did not have any remarks on the topic.  
• The next topic on the agenda referred to the letter from the Head of Tetritskaro regional court, requesting changes to the court structure. In particular, separating/adding chancellery and Citizen Reception Department. The HCoJ unanimously agreed to the changes to the staff list if Tetritskaro regional court.
• The fourth topic in the agenda was a complaint from Nino Giorgadze, on the decision of the Chair of the HCoJ. A lifetime appointment was refused to Nino Giorgadze with the legal act of Nino Kadagidze, with the reason that the total points accumulated by the judge did not reach 70% of the maximum available points. Nino Giorgadze appealed the act to the HCoJ, however, the Council did not satisfy the request on the session held on 1st of November. the decision was unanimously taken by all the Council members participating (14 votes). It shall be noted that Nino Kadagidze, Head of the High Council of Justice and the Supreme court, did not attend the meeting.
• Topics 5 and 6 were removed from the agenda. 

3rd November 2023

Discussion of topics took 26 minutes total. 
All members of the HCoJ attended the meeting. 

Agenda:

1. Draft law on making amendments to the Administrative Offences Code of Georgia;
2. Letter from the LEPL Agency For State Care And Assistance For the (Statutory) Victims of Human trafficking;
3. On the provision of petrol to some judges;
4. On the authority of certain judges;
5. On defining composition of chambers/collegiums in some regional (city)/appellate courts;
6. Organizational topics.

Main topics/decision discussed during the session:

• Topics 2, 5 and 6 of the agenda were postponed;
• The third topic covered provision of petrol to Nona Zarqua. The High Council of Justice addressed the Common Courts Department to determine the amount of petrol required;
• The forth topic was voting for the lifetime appointment of judges. The HCoJ unanimously appointed 23 judges, in particular: 
  1. Ia Baramidze;
  2. Ketevan Berekashvili; 
  3. Irma Gogaladze;
  4. Nino Gogatishvili;
  5. Irina Gogoladze;
  6. Teona Epitashvili; 
  7. Gvantsa Vardanidze; 
  8. Grigol Vatatidze; 
  9. Veriko Zatiashvili; 
  10. Tea Takadze; 
  11. Ketevan Tkhelidze;  
  12. Lasha Kldiashvili;
  13. Konstantine Kopaliani; 
  14. Archil Kochlamazashvili; 
  15. Natia Marshania; 
  16. Baia Otiashvili; 
  17. Gizo Ubilava; 
  18. Nino Shcherbakovi; 
  19. Koba Chagunava;
  20. Gvantsa Chikovani;
  21. Lela Tsagareishvili; 
  22. Irakli Khuskivadze; 
  23. Mikheil Jinjolia. 
  
  Three more judges (judges Aleksandre Lomidze, Phati Phurtskhvanidze and Lela Tchintcharauli), who were exercising their duties within 3-year probation period since 3rd June 2019 and whose authority was prolonged after completion of the 3-year period, where also appointed for life.  

14th November 2023

Discussion of topics took 20 minutes total. 
Nino Kadagidze, Head of the High Council of Justice and the Supreme court, did not attend the meeting. 

Agenda: 

1. Draft law on making amendments to the Administrative Offences Code of Georgia; 
2. Letter from the LEPL Agency For State Care And Assistance For the (Statutory) Victims of Human trafficking;
3. Letter from the Local Council Service Department of the LEPL Special Penitentiary Service;
4. On defining composition of chambers/collegiums in some regional (city)/appellate courts;
5. Organizational topics.

Main topics/decision discussed during the session:

• The first topic was related to the draft law on amendments to the Code of Administrative Offenses of Georgia. The HCoJ members heard the draft and did not have any remarks;  
• Within the frames of the second topic, the members discussed the letter from the LEPL Agency For State Care And Assistance For the (Statutory) Victims of Human trafficking. 
  The case concerned putting a sealed stamp on the court decision and whether the decision certified with the sealed stamp is final. The topic led to a discussion.  
  Nikoloz Marsagishvili noted that “the fact that in practice, decisions are certified with the sealed stamp… does not necessarily mean that this [certification with a sealed stamp] confirms the court decision is final”;
• Topics three and four on the agenda were postponed;
• Organizational topics covered defining the bonuses. In particular, as a result of voting (14 in favor, 0 against) – bonuses for November for the first and second instance judges were determined to amount 30% of their monthly salary.
• While discussing organizational topics, Nikoloz Marsagishvili, secretary of the Council voiced the initiative: to gather the judges in December and discuss various topics. The initiative was approved by other members of the HCoJ. 

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