Statement of the Ministry of Internal Affairs – Nikanor Melia is detained
The decision of Tbilisi City Court Judge - Nino Chakhnashvili announced on February 17 of the current year, to use the norm of detention against Nikanor Melia has been executed by the Ministry of Internal Affairs – Nikanor Melia is detained.
The law enforcers warned the citizens gathered in front and inside the office of the “United National Movement" located on the Kakheti Highway, Tbilisi, not to obstruct the representatives of the police in the execution of the court decision and gave a reasonable time.
Despite numerous warnings from the side of the Ministry on the spot, the gathered demonstrators at the party office did not obey the lawful request of the police and offered resistance to the law enforcement officers.
Thus, the police applied coercive measures and special means provided by law to enforce their official duties entrusted to the Ministry of Internal Affairs by the court.
Statement of the Ministry of Foreign Affairs on the statement made by the Russian Ministry of Foreign Affairs
The Ministry of Foreign Affairs considers unacceptable the statement made by the Ministry of Foreign Affairs of the Russian Federation, according to which the Russian Federation "considers it necessary to disavow the 2008 Bucharest Summit decision - that Georgia and Ukraine will become NATO members".
On April 3, 2008, at the NATO Bucharest Summit the leaders of the NATO member states decided that Georgia (and Ukraine) will become a NATO member. The above-mentioned is an extremely important, consensus-based political decision in line with the fundamental principle of international law that all states have the sovereign right to choose their own foreign policy course. Moreover, this decision is based on Article 10 of the North Atlantic Treaty, according to which any European state, which will further the principles of the Treaty and contribute to the security of the North Atlantic area can become a member of NATO.
NATO integration is a sovereign decision of Georgia, based on the unwavering will of the majority of the Georgian population. This goal is also enshrined in the Constitution of Georgia.
It should be noted that the 2008 Bucharest Summit decision was reiterated at all consequent NATO summits held after 2008. Furthermore, NATO 2021 Brussels summit communiqué underscored that the Allies consider it unacceptable for any third party to interfere in the determination of the countries’ foreign policy priorities.
According to all above-mentioned, any statement made by a third party regarding the revision of the Bucharest Summit decision, which is contrary to the fundamental principles and norms of international law, is unacceptable for the Ministry of Foreign Affairs.
At the same time, it should be emphasized that today the main challenge of the European and Euro-Atlantic security architecture are the actions of the Russian Federation, which has occupied and annexed the territories of neighboring sovereign states, neglected the basic principles of international law and has not fulfilled its own international obligations.
Georgia: Statement by the Spokesperson on the appointment of Supreme Court judges
On Wednesday, the Parliament of Georgia appointed four Supreme Court judges for a life-long term. Such appointments, made before the existing shortcomings in the nomination process were addressed, are not in line with the recommendations of the OSCE/Office for Democratic Institutions and Human Rights (ODIHR) and of the Council of Europe’s Venice Commission.
These latest appointments contradict the commitment to ambitious judicial reform made by Georgia’s leaders in the political agreement of 19 April this year, and restated on 28 July. This included addressing issues in the Supreme Court nomination process before proceeding with appointments of the judges. These actions risks further undermining judicial independence and public trust in the Georgian justice system.
The European Union reiterates its calls on the Georgian authorities to strengthen the independence, accountability, and quality of the judicial system, including of the High Council of Justice, through a broad, inclusive and cross party reform process. The European Union reminds that, while it remains fully committed to support Georgia’s reforms in line with the EU-Georgia Association Agreement, the EU’s assistance to Georgia remains conditional on progress on key reforms, including on judiciary.
Statement by the EU Spokesperson
U.S. Embassy Statement on Supreme Court Appointments
The U.S. Embassy is disappointed that, once again, Parliament is moving forward with Supreme Court appointments before it has completed an independent assessment of the previous waves of judicial reform, as Parliament’s leaders agreed to do. We are also concerned that judicial appointments are proceeding without the participation of non-judge members of the High Council of Justice. While the High Council and Parliament have rushed through appointment of judges over the past year, there has been no action on non-judge appointments despite the positions being vacant for months. The people of Georgia, through the non-judge High Council members, are supposed to have a voice in the selection of these influential and important judges, who are being appointed to lifetime positions on the Supreme Court. The exclusion of independent voices from this process adds to the impression that Supreme Court judicial appointments are being made without meaningful transparency, accountability, or impartiality.
Before any further Supreme Court judges are appointed, we strongly encourage Parliament to prioritize the appointment of impartial, independent, non-judge members to the High Council of Justice, and complete an independent assessment of the previous waves of reform by Spring 2022. Important work has been done since independence to strengthen Georgia’s judicial branch, with the assistance of the United States and others. Georgia’s closest partners and supporters, as well as Georgia’s political leaders, are united in agreeing that judicial reform needs to continue. The goal now must be to build an impartial, transparent, merit-based judicial system that the people of Georgia can have full confidence in and that allows the full participation of the many qualified, ethical judges and lawyers who work with integrity to promote the rule of law.
US Embassy in Tbilisi
Statement by President Salome Zourabichvili
I welcome the plan to transfer the former President to the Gori Military Hospital as a place that meets all medical and security standards.
This decision fully responds to the request of the European Court of Human Rights, to which the former President agreed to end his hunger strike if transferred to a multidisciplinary clinic.
I also welcome Elene Khoshtaria's decision to end her hunger strike.
The readiness of the opposition to not hold protests in the vicinity of the clinic is important and the right thing to do, as is the decision of some parties to end their parliamentary boycott.
Today's decisions are steps forward that will ensure the peace of society and the stability of the country.
U.S. Embassy Statement on Conference of Judges
On October 31, while the country was focused on the municipal elections, the Judiciary selected two new members to the High Council of Justice, replacing the previously unannounced early resignation of two sitting members. The process was neither competitive nor transparent. A single candidate was offered for each vacancy. There was little advance notice of the intent to fill the seats left open by the pre-term resignations. There was no opportunity for consultations or participation by a broad range of qualified candidates, nor for meaningful engagement by relevant interlocutors and civil society. It is disappointing that the Judiciary missed the opportunity to show transparency and failed again to elect its representatives through a competitive and democratic election process.
The United States has long sought to build the capacity of qualified and dedicated judges while calling for reforms that would allow for accountability for judges who undermine the legitimacy of the judicial system. This includes seeking legislative amendments to avoid corporatism and to safeguard the principles of democracy, equality, and adherence to the Rule of Law. Judiciary leaders maintain the judiciary is unfairly criticized for the lack of transparent and merit-based appointments, promotions, and transfers. Yet when the Conference of Judges rushes through important decisions without competition or transparency, it demonstrates unwillingness to embrace reforms that would increase transparency, accountability and public trust in the appointment process, the candidates, and in the High Council of Justice. The many qualified, professional members of the judiciary who are shut out by such a closed system deserve better.
An ethical Judiciary is the backbone of a country’s adherence to Rule of Law. An independent and professional judicial system that is trusted by and serves the people is essential to promoting equitable growth and attracting investment by Georgian and foreign businesses. The United States will continue to advocate for and support reforms that will increase accountability, professionalism, and transparency to help Georgia attain the system of justice its people deserve and that is fundamental for Georgia’s chosen path of Euro-Atlantic integration.