Law
EXPECTATIONS FOR JUSTICE
30 January, 2014
EXPECTATIONS FOR JUSTICE
The Giorgi Badashvili’s assignment to the post of Chief Prosecutor of Georgia raises expectations that he will solve much-discussed cases and restore justice. What will he manage to do? Amiran Giguashvili, a lawyer and Chairman of the Center of Politics and Justice, responds to the question: “The new Prosecutor is facing great challenges. For instance, the case of ex-PM Zurab Zhvania’s strange death was misinterpreted or falsified by so many investigators; it was so often the subject of political speculation that
even if 100% of the truth is revealed, it will still have a low degree of credibility.
“As for the restoration of justice, for an ordinary citizen it isn’t trials-turned-into-shows, but return of confiscated property and restoration of lost dignity. The new Prosecutor first of all has to establish the standards for a just and justified investigation. Real, not skin-deep cadre changes are to be carried out; it is most important to change the basis of legislation. The institute of “aggrieved party” and a time-frame for investigations must be restored. Criminal cases shouldn’t permanently hang over people’s heads like the Sword of Damocles. The aggrieved party should have the right to familiarize himself with case materials and be fully included in procedural activity. As for the thousands of citizens who are expecting the restoration of justice, the Prosecutor’s Office, with its current human resources, material and technical basis and legislation, won’t manage to cope with issues of such scale.
“Under these conditions the Prosecutor’s Office won’t manage to solve the crimes committed during the previous 9 years and simultaneously fight against current crimes. The sooner this truth is said, the better. It will be even better yet if the authorities promptly set up, not a commission or a Parliamentary committee, but start working on the creation of a quite new, special investigation body, and legislation aimed at investigation of transgressions during the National Movement period.
“As for compensation, this issue can also be solved if it is redistributed over several years and our citizens know that sooner or later their infringed rights will be restored. The bitter truth is better than permanent uncertainty. Disappointment of their own people will be the gravest mistake of the authorities.”
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