„Young Barristers“ – Abolishment of institute of jury should be considered

25 July, 2014

During the constitutional reforms, organization ‘Young Barristers” address Georgian Constitutional Commission with proposal, stating that for more efficient management of court, abolishment of institute of jury should be considered.

According to “Young Barristers”-s lawyer’s, Ana Kiknadzes statement, the preservation of institute of jury must be supported with evidence from the legal side, for there is a risk, that during the righteous court verdict, juries can not ensure appropriate response and the true verdict will be overshadowed. In addition to this, while considering the validity of juries, the civil attitude towards court, quality of citizen’s responsibility and appropriate competence towards the verdict, secret relationship of possible juries with the case, relationship with the accused has to be taken into account. Also, the need of juror institute, is important, nowadays, to be justified with foreign experiences, because approaches revealed, that popularity of institute of jury is very low even in the countries it originated from. And there has to be estimation of expenses given out for institute of jury.

„Young Barristers” estimate, that introduction of jury in 2010 was part of the political will. The institute could not succeed in its’ mission, rejuvenating the trust of court in people, citizens’ involvement during legal actions and reality of defense of human rights. New institute was introduced on the account of “Zero Tolerance” and “New Wave of Democracy”, excluding discussion amongst specialists and public, objective evaluation of the initiative. Thus, supposission was born, that if in the past unjust verdicts were accounted to the political influence, with introducing of jury, public would have been direct participants of such decision making, and in the end, they would not have any more claims.

“Young Barristers” consider, that nowadays, society is not yet ready to be able to oderive verdict of high responsibility. In the country, instead of institute of jury, it is necessary to establish real jurisdictial reforms along other progressive forms, the guaranteed safety of the judges. The state, instead of strengthening  institute of jury,  should ensure the guarantees of safety. It is true, there already are important initiatives in this direction, but it is necessary to realize these reforms as soon as possible, so that the court system will get closer to European experiences.

„Young Barristers“ address Georgian Constitutional Commission and points that position concerning  institute of jury should be clear soon, for if until 1st of October, 2014, there will be no response to Georgian institute of jury, it will be enforced by law to accept this institute in all courts across the country. In addition to that, the organization will negatively evaluate, if institute of jury will be activated, from 1st of October, 2014, it will last for two more years.

For the information: by July, 2014, jury examined 7 cases in Georgia.

 



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