Tag Archives: judicial reform

Georgia Justice Minister Outlines Reform Agenda

Georgia's Justice Minister Tea Tsulukiani is interviewed on Georgian television.

Georgia’s Justice Minister Tea Tsulukiani is interviewed on Georgian television.

In October 2012, Georgia’s parliamentary elections resulted in the unseating of the incumbent United National Movement party by the opposition coalition, Georgia Dream, with 55 percent of the vote. In the wake of the post-Saakashvili era, the newly elected government is working tirelessly to define the priorities for democratic reform, governance, and rule of law.

Speaking at the Carnegie Endowment for International Peace in Washington, DC on February 22, Georgia’s newly appointed Minister of Justice Tea Tsulukiani — previously a renowned human rights lawyer — outlined her agenda for judicial reform. Throughout her speech, transparency, accountability, and impartiality were stressed as cross-cutting themes for reform initiatives.

Three key reforms highlighted by Tsulukiani included: universal free access to laws and penal codes; inclusion of civil society and the private sector in the drafting of new legislation; and strengthening the position of the defendant before a judge in the criminal procedure code.

This attention to democratic reform of the judiciary was warmly welcomed by many, as Georgia’s judicial system is perceived as highly corrupt with little to no independence from the regime. It is nearly impossible for ordinary citizens to win a court case against the state – the acquittal rate in Georgia is a miniscule 0.01 percent. This stark statistic comes into the light when you consider the fact that there are 300 state prosecutors, yet only 33 defense investigators. What this means is that judges are provided overwhelmingly with evidence for the prosecution, rather than a balanced argument.

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Unpacking the Black Box of Institutional Reform

Moscow-based INDEM (Information Science for Democracy) Foundation is one of the first Russian NGOs founded in 1990. As a part of its anti-corruption work, INDEM set out to analyze the state of the judicial system in Russia given the country’s checkered experience with judicial reform.

In this Feature Service article, Georgi Satarov, president of the INDEM Foundation, presents the findings of this analysis. Although derived from the Russian experience, the findings represent broader lessons learned from the systemic transition that can be applied to any institutional reforms.

He concludes, “All of these lessons point in one direction. In trying to jump-start reforms in Russia from the 1990s to today, reformers have failed to make a proper distinction between the bottom-up evolution of institutions, which happens in effective democracies, and often ineffectual top-down design of institutions, which fails to account for the extra-institutional country environment.”

Article at a Glance

  • How institutions evolve and their relationship to the environment in which they function is poorly understood.
  • Institutions are influenced by both their design and extra-institutional factors such as a country’s operating environment.
  • Rule of law rather than quality of regulation is the most important aspect of countries’ institutional development.