01 November, 2012

Interview with Archil Kbilashvili, General Prosecutor

Not many Georgian politicians can boast of being punctual. But actually this feature is connected with the sense of responsibility and it is very important for Archil Kbilashvili, General Prosecutor.

A.K. – It seems that being a lawyer was my calling. I was 4th or 5th grade schoolboy when I drew up a work – I separated from my father. We had a one-storied house, the so-called ‘beletage’ and I assigned that my father would live

in the basement. Then my grand-fatter said that I would become a lawyer.

Q. – What does the post of General Procurator mean to you?

A. – I have no ready-made recipe but I know what I should do and what I shouldn’t.

Q. – What shouldn’t you do?

A. – First of all I shouldn’t become an additional division of executive powers, executor of their political will.

I’d like to assure the accused that the Prosecutor’s office won’t decide their fate any more. In our country, regardless what the accused said, what arguments he/she put forward for defense, what proofs were presented by lawyer nobody was interested in it. It’s also necessary do decouple public opinion and real infringement of the law.

Q. – What do you mean?

A. – Some opinion may prevail in people about culpability of a certain person but without concrete information. I’m not going to punish anybody because of public opinion.

I will substantially review the personnel policy that means dismissing of employees of leading and middle levels. It’s a part of future Prosecutor’s Office’s functioning strategy. It’ll take me a week to change the personnel vertical. I can’t review the cases together with the old employees. I’d like to announce some kind of moratorium for two or three weeks in order to halt all those current cases that are handed over to court for substantial consideration.

The state is going to reconsider the verdicts announced years ago and it’s inadmissible to make somebody answerable wrongfully today.

Q. – Will the procedural agreement be valid?

A. – Whatever was before can be called procedural coercion, not procedural agreement. In case a person didn’t accept the offered conditions he was guaranteed to get ten times stricter punishment. For this reason people confessed in whatever wasn’t actually done. This vicious practice must be improved through independent court.

An offence (real or invented) can’t become a source for filling the budget, it is called robbery. The old authorities banished the thieves and robbers to take their place. Procedural agreement will be retained but it will become concrete and be determined according to the category of offense.

Q. – There are cases that enjoy great public interest, for instance, Ex-Premier Zurab Zhvania’s death. Will this misty case of Zurab Zhvania’s death be reinvestigated?

A. – Zhvania’s case will see the daylight.

Q. – You are going to dismiss old cadres from Prosecutor’s Office. Will you manage to replace them with worthy new people?

A. – It’s not obligatory to employ people who have experience of working at Prosecutor’s Office. We’ll discuss all the candidacies distinguished for their honesty, humanity and devotedness and who consider that they can work in this system. Dismissal of cadres from the Prosecutor’s Office is not persecution, it is people’s demand

Judge is some kind of victim of this system. To leave work isn’t easy. In the mode of life that we had only heroes managed to do it; but to create your well-being on the expense of others is inadmissible. I think it is possible to work with the people who under the previous system managed to maximally render alleviation to people but reform is inevitable in Prosecutor’s office as well as court.

The procurator who signed an illegitimate decision as well as falsifiers must be punished but executors whose activities were not followed by grave results will escape justice.

Despite the fact that there are many to be punished, my actions won’t be revanchist but we can’t avoid responsibility to law… And one thing more – when choosing new cadres for the Prosecutor’s Office not only professionalism will be very important but also humane factor. Prosecutor’s Office will no more be a repressive machine working against people; unfortunately during the latest period it had such an image.


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