09TBILISI751, GEORGIA: CRIMINAL PROCEDURE CODE MOVING FORWARD

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Reference ID Created Released Classification Origin
09TBILISI751 2009-04-16 13:58 2011-08-30 01:44 CONFIDENTIAL Embassy Tbilisi

VZCZCXRO1552
PP RUEHDBU RUEHFL RUEHKW RUEHLA RUEHNP RUEHROV RUEHSR
DE RUEHSI #0751/01 1061358
ZNY CCCCC ZZH
P 161358Z APR 09
FM AMEMBASSY TBILISI
TO RUEHC/SECSTATE WASHDC PRIORITY 1406
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY

C O N F I D E N T I A L SECTION 01 OF 02 TBILISI 000751 
 
SIPDIS 
 
STATE FOR EUR/CARC 
 
E.O. 12958: DECL: 04/16/2019 
TAGS: PGOV PREL GG
SUBJECT: GEORGIA: CRIMINAL PROCEDURE CODE MOVING FORWARD 
 
Classified By: AMBASSADOR JOHN F. TEFFT.  REASONS:  1.4 (B) AND (D) 
 
1. (C)  SUMMARY:  On April 6, 2009, Embassy Resident Legal 
Advisor (RLA) met with Minister of Justice, Zurab Adeishvili, 
who stated emphatically that the draft Criminal Procedure 
Code (CPC) will move forward to second and third readings in 
the Parliament.  Adeishvili stated that despite recent 
opposition protests and other delays, progress on the draft 
CPC will occur within the next month.  Meaningful progress 
will include review and scrutiny of the draft CPC by the 
Legal Affairs Committee of Parliament.  Once passed by the 
Parliament, the new CPC will be signed into law by President 
Saakashvili, but its coming into force will be delayed until 
July 1, 2010.  The Georgians will use this approximately 
12-month period to conduct skills development training for 
legal and law enforcement personnel, carry out public 
education/awareness programs as well as to fully prepare the 
Tbilisi courts to administer jury trials, with support and 
advice from the US Government, namely INL and DOJ/OPDAT.  As 
of July 1, 2010, the new CPC will have full legal force and 
effect, and as such will rid Georgia of remnants of its 
Soviet legacy and replace them with a criminal justice system 
based on Euro-Atlantic standards and democratic principles. 
End Summary. 
 
May it please the Court . . . 
 
2. (C)  In his meeting with the Resident Legal Advisor, 
Adeishvili expressed a keen interest in continued INL and 
OPDAT support for trial advocacy training that has been 
underway for the past year in Georgia.  In this light, 
Adeishvili stated that the members of the prosecution service 
(trained by the OPDAT RLA) and the members of the defense 
advocate bar (trained by ABA/Rule of Law Initiative (ROLI)) 
must be prepared to transition effectively to the 
western-style adversarial court and jury trial system 
introduced by/mandated under the new CPC.  Adeishvili 
requested additional OPDAT training and support in this 
regard.  The draft CPC introduces many elements of the 
adversarial criminal procedure model found in the United 
States.  The draft CPC is fully compliant with the European 
Convention on Human Rights and other European conventions and 
thus incorporates certain elements from European criminal 
procedure models.  This signals a distinct departure from the 
former soviet-style inquisitorial system which was rife with 
corruption, and which provided for a weakened judiciary and 
an emboldened and unchecked prosecution service.  The draft 
CPC envisions a robust and independent judiciary, and with 
it, procedural mechanisms that will help prevent the 
prosecution from exerting undue influence/pressure upon the 
courts. 
 
3. (C)  In full agreement with the RLA, Adeishvili readily 
confirmed that with the introduction of the new CPC, the 500 
members of the Georgian Prosecution Service will need to hone 
their trial advocacy skills.  Adeishvili stated that he 
expected higher ethical standards to be established for the 
prosecution service.  RLA offered future training in this 
regard.  Adeishvili described current efforts at improving 
the public perception of the prosecution service.  These 
efforts include Adeishvili,s firm support for a progressive 
"Community Prosecution" model.  This model allows for greater 
police-prosecutor dialogue with members of the community 
(schools, businesses, youth organizations) to identify 
discrete areas of local crime, and to fashion prosecutorial 
remedies/priorities according to the needs of the community. 
Qremedies/priorities according to the needs of the community. 
Adeishvili also discussed the introduction of prosecutorial 
discretion - a largely western, common law criminal justice 
concept.  This will be introduced with the simultaneous 
piloting of a juvenile diversion program.  These are 
progressive western-based approaches to criminal justice 
reform that are consistent with international standards and 
best practices. Adeishvili noted that he has ordered a 
loosening of pre-trial detention standards in Georgia. 
Adeishvili commented on his directive for the use of more 
progressive bail and surety options to secure a person,s 
appearance in court - in lieu of outright and blanket 
pre-trial detention. 
 
Open the Pod Bay Door, HAL 
 
4.  (C)  Adeishvili indicated that the Prosecution Service 
for Georgia was in dire need of an automated IT-based case 
management system.  This project is currently being developed 
by Giorgi Jokhadze, Head of the Prosecution Service 
Analytical Unit.  This system will be used as an IT-mechanism 
for prosecutors and investigators to communicate 
electronically with one another, to communicate with the 
other regional prosecutorial and investigative entities, and 
to send electronic documents to the courts.  Adeishvili 
 
TBILISI 00000751  002 OF 002 
 
 
expressed great dissatisfaction with the current lack of any 
electronic case management or electronic court filing system 
within the prosecution service.  Adeishvili characterized 
this dynamic as highly wasteful of time and resources, as &#x00
0A;investigators must now physically travel into Tbilisi to 
deliver search warrant affidavits and other court documents. 
Adeishvili expressed strong support for this proposed 
IT-based case management system.  Adeishvili further stated 
that despite resistance from a select cadre of prosecutors 
who have actually complained that their fingers are "too fat 
to type" on a small keyboard, the development of this 
important IT model would continue -- hopefully with U.S. 
support (INL/OPDAT). 
 
No comment, Next Question . . . 
 
5.  (C)  On April 7, 2009, RLA met with Tina Burjaliani, 
Deputy Minister of Justice.  Burjaliani expressed concern 
over the urgent need to develop a media and PR protocol 
within the Prosecution Service.  Burjaliani stated that 
Adeishvili is interested in this component and is highly 
supportive of this program.  Burjaliani stated that positive 
media and public relations are key to providing a much needed 
level of transparency for the prosecution service. 
Burjaliani agreed that this will increase public confidence 
in the work of this important executive agency.  RLA and 
Burjaliani agreed that RLA will invite U.S. media experts and 
managerial prosecutors (U.S. Attorneys) to Georgia to help 
the prosecution service design and implement a meaningful 
public relations/media strategy (spokesperson, press 
releases, public website development, etc.).  Burjaliani 
expressed frustration with the media in Georgia. In her view, 
the Georgian media have ignored previous good faith efforts 
by the prosecution service at communicating objective 
information on criminal justice matters.  Burjaliani stated 
that the media in Georgia are fixated on scandal, and that 
when the prosecution service conveys the basic facts relating 
to ongoing criminal matters, this information is not 
well-covered or even printed by Georgian media- unless it has 
some scandalous or sensational component.  Burjaliani and RLA 
discussed the need to centralize media relations within the 
prosecution service so that a clear and consistent message 
and tone would be presented to the media and to the broader 
public. 
 
6. (C)  Comment:  The unequivocal support from Adeishvili 
toward draft CPC passage and enactment is, by all current 
accounts, steadfast.  This is vital to securing the critical 
second and third readings of the draft CPC in the Parliament. 
 With the much-anticipated passage of the new CPC, this 
positive momentum will enable further intensive efforts at 
training prosecutors on the mechanics of the new CPC. RLA 
will continue to train more comprehensively on trial 
advocacy.  This will also include exercises in developing 
higher ethical standards for prosecutors, more effective 
interaction with the media and general public and, most 
critically, the further development of a independent 
judiciary - all of which are welcomed by Adeishvili.  End 
Comment. 
TEFFT

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