Rule of Law

Since 2014, complex initiatives have been undertaken with the involvement of British experts in order to study the rule of law situation in Georgia, evaluating systematic human rights violations and developing appropriate policy solutions.

A Comparative Analysis of the Broad-based Miscarriages of Justice was conducted in 2015 by the Business and Economic Centre (BEC) with the financial support of the British Embassy in Tbilisi and Crystal Fund, in order to support the Georgian Government to elaborate a feasible and effective public policy response to miscarriages of justice and systemic human rights violations, reported over the years. The study should neutrally and apolitically examine the histories of other countries with similar recent experiences to Georgia, and highlight the outcomes of policies deployed by various Governments that could be applicable to the Georgian context.

The Comparative Analysis was carried out and the research report – Facing the Past: Learning from Shared Experiences – was prepared by Ms. Jenny Munro, a British Researcher under the supervision of Dr. Brian Brivati, Professor of Human Rights and Life Writing. The research focuses on five in-depth illustrative case studies (Spain, Ghana, Czech Republic, German Democratic Republic and Northern Ireland) to explore the experience of countries with a similar past to Georgia. Five categories of human rights abuses and injustices are covered in the book: Miscarriages of justice committed by virtue of a non-independent and politicized judiciary; Systemic torture and inhumane treatment; Excessive use of force by law enforcement officers; Gross violation of property rights; and politically motivated crimes. As for the Rule of Law tools, six response measures are highlighted by the comparative analysis: Truth Seeking Prosecution; Amnesties; Reparations for Victims; Institutional Reform; and Vetting/ Lustration. The report concludes by drawing lessons from the cases that are relevant to the Georgian context and might inform the process unfolding in Georgia.

The visit of a British delegation, including research authors, to Georgia was held on 15-18 November 2015. Members of the delegation participated in the presentations of the research findings and meetings with key stakeholders. In addition, the public lecture and debate: The Past is Another Country: Why Should we Visit it? by Dr. Brian Brivati was organized for civil society and private sector representatives on November 16, 2015. The Delegation has issued an options paper proposing possible ways forward from the current situation.

The research report was translated from English into Georgian and published in 2016 by the Business and Economic Centre with the support of Crystal Fund. Public Discussion on Facing the Past: State Policy to Address Systemic Human Rights Violations was held on December 19, 2016, organized by the Parliamentary Committee and BEC, with support of Crystal Fund. The policy dialogue aimed at reviewing the state policy implemented by the Government of Georgia in previous years to address past injustices and systemic human rights violations, reported over the years, discussing the international experience relevant to Georgia, assessing the past practice of human rights violations, discussing recommendations on preventive measures and determining further policy response priorities, while also discussing long-term objectives with the active involvement of interest groups.

In August 2017 the Business and Economic Centre presented the findings and distributed copies of the BEC research report – Facing the Past: Learning from Shared Experiences free of charge to 50 universities and libraries in Tbilisi, including: Tbilisi Central Library, National Parliamentary Library of Georgia, Ivane Javakhishvili Tbilisi State University, Caucasus University, Georgian Institute of Public Affairs (GIPA) and Free University.

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