What issues did the High Council of Justice discuss last month

Representatives of the Georgian Court Watch regularly monitor the activities of the High Council of justice, as a result of which this article was prepared, which covers December 2022, 1-31.

Key findings:

• The High Council of Justice of Georgia made all decisions unanimously, and no dissenting opinions were expressed.
• The High Council of Justice has not published the list of vacant places for which they have submitted applications together with the biographies of judicial candidates.
• The High Council of Justice does not publish information about the postponement of the session on the website in advance, within a reasonable time;
• As in other cases, the information about the appointment of the session was published in violation of the organic law - only 1 working day before, instead of at least 3 working days.
• Decisions on the extension of term and work trips raise certain questions for judges.
• According to the decision of the Supreme Council, along with the current monthly supplement, the judges determined the supplement to the official salary in December 2022 in the amount of 100% of the official salary. This decision also raises questions, especially in the conditions when one category of civil servants (e.g. Assistants, meeting secretaries, and managers) is employed in the apparatus of different courts. have unequal salaries, while the High Council of Justice does not even consider this issue.

December 12, 2022

Last month, the first session was scheduled for December 5, but it was not held and was postponed four times-finally the session was held on December 12 with a delay of 47 minutes, which was attended by all the current members of the Council of Justice.

Before discussing the issues in detail, it should be noted that the observers of the Georgian Court Watch were not informed about the postponement of the hearings in advance, within a reasonable time. They were only informed after a long wait that the scheduled sessions had been postponed. 

According to Article 49 (4) of the Organic Law of Georgia on common courts, the High Council of Justice of Georgia shall publish information about the date and agenda of the session on the website at least 3 working days before the meeting. However, this time the information about the session was published in violation of the Organic Law - 1 working day before the session took place.

The issues envisaged by the agenda were:

1. Letter of the chairman of the Department of common courts;
2. Letter of the chairman of the Department of common courts;
3. Some of the judges.

Decisions taken at the session are:

The first and Second issues concerned the repair works in Keda and Khulo magistrate courts. Members of the council discussed the temporary transfer of court employees to the nearest court due to repair works.

The third issue concerned Tariel Tabatadze, a judge of the civil cases collegium of the Tbilisi City Court, and Tamar Chuniashvili, a judge of the civil cases Chamber of the Tbilisi Court of Appeals, who had their term of office expired on December 2022, 12.

The chairman of the Tbilisi City Court and the acting chairman of the Tbilisi Court of Appeals have addressed the Council of justice with a written request to extend the term of office of these judges. According to the chairmen, termination of authority and dismissal of judges due to the expiration of a term of office would cause a delay in the implementation of the judicial process.

The High Council of Justice of Georgia unanimously extended the term of authority of both judges, Tariel Tabatadze and Tamar Chuniashvili until the final decisions on the cases started with their participation, but no more than March 2023, 13.

The decision of the High Council of justice reads as follows:

"It should be maintained that T. Tabatadze takes part in the ongoing (November 2022) competition for the selection of judges and in the case of being appointed for a new term based on the competition, the judge will have the opportunity to complete the consideration of the cases in his proceedings, the transfer of which to another judge under the conditions of termination of authority at this stage will severely hamper the Judicial process“.

Such justification is in the decision of the High Council of Justice, on the extension of the term of the judicial authority of T. Chuniashvili:

"It is worth considering that Judge T. Chuniashvili takes part in the ongoing (November 2022) competition for judges, the results of which are scheduled to be summarized in the nearest future. Therefore, in the case of appointing a judge for a new term, H. Chuniashvili will have the opportunity to complete the cases in his production.“

Both decisions leave the impression that the High Council of Justice has a preliminary intention to appoint both judges to their positions within the competition.

The High Council of Justice of Georgia made all decisions unanimously, no dissenting opinions were expressed.

December 20, 2022

Initially, the session was scheduled for December 15, but after 3 times postponements, the session was held on December 20, which in this case also started with a delay. The information and agenda of the meeting were published in violation of the deadline provided for by the Organic Law - 1 working day before. 

The agenda included the following issues:

1. The draft law - "on amendments to the Criminal Procedure Code of Georgia";
2. The draft law - "on amendments to the law of Georgia on legal entity of Public Law";
3. The draft resolution - "on amending some decisions of the High Council of Justice of Georgia to normative acts" on amending the resolution of the High Council of Justice of Georgia of January 2020, 31, No. 1";
4. On the business trip of some judges;
5. On the authority of some judges;
6. On determining the composition of Chambers/collegiums in some district (city)/appellate courts;
7. Organizational issues;
8. Current issues related to the High School of Justice.

Decisions taken at the session are:

Kutaisi City Court Judge Ketevan Tkhelidze was sent to Tsageri District Court to exercise the authority of the judge, since the only judge of Tsageri District Court, Nana Jankhoteli, was dismissed from her position due to reaching the age of 65. The decision of the High Council of justice reads that the judge, along with her activities in the Tsageri District Court, will exercise the authority of the judge in the Kutaisi City Court.

By the decision of the Supreme Council, judge Ekaterine Bebia of Zugdidi District Court was also (for the second time) sent to Gali-Gulripshi and Ochamchire-Tkvarcheli district courts to exercise the authority of a judge, while simultaneously exercising the authority of a judge in Zugdidi District Court.

Since October 2021, 13 Ambrolauri District Court has had no judge, so the High Council of Justice has decided on the appointment of Batumi City Court Judge Roin Kakhidze to Ambrolauri District Court on December 2021, 17 and the second time on December 2022, 20 December.

At the meeting, the High Council of justice also decided on determining the addendum for judges of the common courts of Georgia. According to the decision of the Supreme Council, along with the current monthly supplement, the salary supplement for December 2022 was determined in the amount of 100% of the salary.

The High Council of Justice approved the list of candidates who passed the second stage of the competition for the selection of judicial candidates. Later, the official website of the High Council of Justice published brief biographical reports of the candidates who moved to the second stage. It should be noted that the High Council of Justice does not publish which Vacant Places candidates have submitted applications for. 

The High Council of Justice of Georgia made all decisions unanimously, and no dissenting opinions were expressed.

December 29, 2022 

Initially, the session was scheduled for December 21, before informing the representatives of the organization about the postponement of the session, our observers waited for about 6 hours to start the session. The session appointed by the council was postponed 4 times, which was finally held on December 29 with a 1-hour delay.

The meeting was not attended by the chairman of the High Council of justice and the Supreme Court, Nino Kadagidze, and the judge of the Supreme Court, Ketevan Tsintsadze.

In this case, the information about the session was published in violation of the Organic Law, 1 working day before.

Agenda issues:

1. Letters of the chairman of the Department of common courts;
2. Letter of the chairman of the Department of common courts;
3. Kutaisi Appeal Court Judge L. Mikava's letter;
4. Amendments to some normative acts of the High Council of Justice of Georgia;
5. On the authority of some judges;
6. On the determination of the composition of Chambers/collegiums in some district (city)/appellate courts.

Decisions taken at the session are:

The letters of the chairman of the Department of common courts concerned the issue of" receiving the right to use state property", as well as the issue of giving consent to the Department of common courts to conclude a lease agreement.

• As for the judge of the Kutaisi Appeal Court, L. Mikava's letter, he demanded to increase the amount allocated for the rent of the apartment. 
• Also, the judge of Zugdidi District Court Natruli Akobia was dismissed from the position of Judge due to reaching the age of 65. 
• Judge Maka Gvelesiani of the criminal cases Chamber of the Tbilisi Court of Appeals was dismissed from the position of the judge based on personal application. 

In this case, too, the High Council of Justice of Georgia made all decisions unanimously, and no dissenting opinions were expressed.

Part of the issues planned for the session was postponed.

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