Brussels, 24/09/2013 (Agence Europe) - According to the EU special adviser for constitutional and legal reform and human rights in Georgia, Thomas Hammarberg, Georgia is facing two major challenges - an examination of the past (in order to learn from it), and the development of institutions that are impartial and effective at responding to the needs and concerns of the people of Georgia. In his 40-page report, which he presented on 22 September, Hammarberg states that the new government and parliament should be very careful to conclude their review of the past in a spirit of strict respect for the principles of justice, fairness and proportionality - no impunity for war crimes, no excessive politicisation or selective justice. He also states that it is important that measures be taken in a way that sets an example for the future as regards justice, fairness and transparency.
In Hammarberg's view, Georgian Dream is facing several challenges: - to respond in the true spirit of justice to all those who have lodged complaints; - and to guarantee absolutely correct procedures in the trials of former high level officials who are suspected of crime, without politicisation or selective justice. The party must also highlight cases where impunity would undermine the sense of justice in society, but spare the least serious cases where the suspects were only obeying orders or where they were cornered into cooperating in illicit activities. In addition it must convince supporters of the majority to avoid any non-democratic movement against the opposition party, while taking effective measures against those that undermine the freedom of expression and of assembly.
Need to continue with reforms. Despite the obstacles created by the political polarisation that delayed or prevented reforms, it has been possible over recent months to tackle a number of comprehensive issues that have been on hold, including those linked to how the justice system works, Hammarberg states. However, he says that it is crucial for political attention to be paid increasingly to building the future; and calls for an in-depth examination of development needs for the democratic institutions.
A mechanism needs to be put in place to promote implementation of the law; institutional and legal reforms must be continued to protect the freedom of religion and prevent any tendency towards marginalisation of minority populations; and reforms need to be continued within the judicial apparatus, Hammarberg states. A higher level of political priority, of institutional reforms and of budgetary arrangements is necessary to fight against social injustice, he adds. Hammarberg also states that part of the process of the separation of the state and of the political party in power is the introduction of effective braking and counterweight mechanisms. This will make democracy in Georgia stronger, Hammarberg says, highlighting, by way of example, the need to develop a depoliticised civil service which is focused on service at both national and local level.
The international community, including the EU, has a role in the development of democracy in Georgia, Hammarberg also states.
Georgia welcomes the report. The Georgian government has welcomed the publication of the report, saying that the report highlights significant progress, while providing concrete recommendations for further measures to plug the loopholes. It says that the government will implement the recommendations fully and will launch an action plan for human rights with regard to this. Thanks to the continuation of reforms and cooperation with the EU and other international partners, Georgia will soon be able to achieve full European and Euro-Atlantic integration, states the assistant to Georgia's prime minister on human rights and gender equality, Tamar Chugoshvili. A seminar will be organised to discuss concrete implementation measures.
Commissioner for Enlargement and European Neighbourhood Policy Stefan Füle has called for all parties to continue working for true justice for all. (CG/transl.fl)