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2007 Assessment

Georgia: Integrity Indicators Scorecard

Georgia: Integrity Scorecard Report > Sub-Category: Law Enforcement
Indicators		Score
80	Is the law enforcement agency (i.e. the police) effective?	42
81	Can law enforcement officials be held accountable for their actions?	63

Indicator and sub-Indicator Details

Is the law enforcement agency (i.e. the police) effective?

80a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.

Score:

100

Comments: Party loyalty or other type of relationship is required for appointments in any important position within law enforcement.

References: Newspaper "Rezonansi", published trees of keenship of the current government and key law enforcement officials; Interview with the Chairman ofthe Georgian Young Lawyers' Association, Giorgi Chkheidze, July 12, 2007.

Peer Review Comments: The first several months, one could see the agencies applying some criteria, but soon after the police reform was declared a success, old cadre found s way back to these institutions, which has reversed the success achieved earlier.

Peer Review Comments: The situation has dramatically increased since the Rose Revolution, especially in the regular police force.

80b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a budget sufficient to fulfill its basic mandate. <p>50 Score Criteria: The agency (or agencies) has limited budget, generally considered somewhat insufficient to fulfill its basic mandate. <p>0 Score Criteria: The agency (or agencies) has no budget or an obviously insufficient budget that hinders the agency\'s ability to fulfill its mandate.$

Comments: Law enforcement is one of the best financed parts of the state budget. There are regular transfers of millions from the president's and government reserve funds. At the same time, there was a Fund for the Development of Law Enforcement Agencies between 2004 -2006, which operated under secrecy and, as reported by the government, was used for equipping the police.

References: State Budget of Georgia Tbilisi City Budget see reports of the Statistics Department of Georgia. See report of the Georgian Young Lawyers' Association: "Government under Sunshine", 2005, 2006 describing additions to the budget of law enforcement from the president's and government reserve funds, as well as about the secret funds for the Development of Law Enforcement.

Peer Review Comments: The budget is certainly sufficient, yet the Patrol police was move to self-financing. Newspapers reported (Alia, Resonansi) that the officers were told that their salaries will depend on the amount of money they will bring from fines. Since than, the Patrol Police started to act like Soviet GAI, tailing drivers and waiting for them to make a minute traffick violation, or stopping them with no cause and accusing of DUI.

The police change cars in almost every year and no one know what happends to the "old" cars. In fact, it is just anyone's guess what happens the the budget.

80c: In practice, the law enforcement agency is protected from political interference.

Score:

100

Comments: The General Prosecutor of Georgia is considered to be the main political player, behind all the policies and legislative activities in relevant fields. Also, the non-investigation of several politically-motivated cases (i.e. the attack on the oposition MP in July 2005) supports this argument.

References: Any newspaper and media reporting on the issue comment about high political influence and pressure. Report of the Human Rights Information and Documentation Center (HRIDC): Next Stop Belarus?, 2006 at: h /www.humanrights.ge/eng/files/HR-REPORT-2006.pdf

Peer Review Comments: Mininstry of Internal Affairs (which now includes the former Ministry of National Security) has maintained the stronghold in this field. It's role is just as important as that of the Office of the Prosecutor General.

Can law enforcement officials be held accountable for their actions?

81a: In law, there is an independent mechanism for citizens to complain about police action.

Score:

YES

References: Criminal Procedure Code Law about Police Law on Public Defender

Peer Review Comments: See also administrative violations code and administrative procedure code

81b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.

Score:

100

Comments: There are two ways to complain about the police: through the General Inspection of the Ministry of Interior, that is not independent, but subordinate to the ministry; or directly to the ombudsman, but he has no power other than sending recommendation. There were no investigations about the gross human rights violations by high officials broadly known by the public in 2006.

References: See report of the Georgian Young Lawyers' Association on General Inspections: www.gyla.ge/foi;

See report of the public defender of Georgia from 2006 and 2007: www.ombudsman.ge;

See 2006 reports of the Human Rights Watch and Amnesty International

81c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.

Score:

YES

Comments: This is part of ordinary investigation to be initiated at the general inspection, but which is not neccessary.

References: Law on Police Criminal Procedure Code

81d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.

Score:

100

Comments: Usually investigation is very aggressive when it concerns low-ranking officials, but irrelevant as soon as high officials are concerned. In spite of legal requirements that all accusations of corruption and misuse of power publicly disclosed be investigated, law enforcement usually refuses to proceed with investigation.

References: Human Rights Watch country report, Georgia 2006 Report of the Human Rights Information and Documentation Center (HRIDC): Next Stop Belarus?, 2006 at: [ LINK ]

81e: In law, law enforcement officials are not immune from criminal proceedings.

Score:

YES

Comments: In law, they are equal to all other citizens.

References: Criminal Code

81f: In practice, law enforcement officials are not immune from criminal proceedings.

Score:

100

Comments:

References: Newspaper "24 Hours"; Human Rights Watch country report, Georgia -- 2006; Report of the Human Rights Information and Documentation Center (HRIDC): Next Stop Belarus?, 2006 at: [ LINK ]

Peer Review Comments: There are cases when some high-ranked officials are not punished for crimes they have committed, but generally there were many more cases when law enforcement agency officials were not immune from criminal proceedings.