“Young Barristers” believes that there are more social control mechanisms in reformed Prosecutor’s Office and Security Agencies

21 July, 2015

The NGO “Young Barristers” comments on the law enforcement reforms and considers these changes as a step forward  to the implementation of actual democracy and to the  further increase of public control. 

Archil Kaikatsishvili, the Head of “Young Barristers“, believes that changes in the system of  MIA and Prosecutors Office impose high political responsibility over the Government and increases its social accountability.  In the period of the former Government, the Ministry of Internal Affairs and Prosecutor’s Office were formed as Agencies of systemic crimes and an excess power of these agencies were used for private political purposes. The main advantage of the reform, is that the supervisory role of the Parliament will increase, as the Chief Prosecutor and the Head of the State Security Service are going to be accountable to the Parliament, the body, elected by people. Accordingly, social trust towards the  above mentioned agencies, as well as their institutional independence, will increase. The Reform should strengthen justice system as well, as far as, the planned changes within the Prosecutor’s Office, will  promote competitiveness and equality of the parties. In addition, Parliamentary control on the Prosecutor’s Office, will ensure high level of legitimation of the agency.   

Archil Kaikatsishvili considers, that when institutional changes are in progress in the country, the desire of creation of an ideal model always exists, as well as the risks following the changes and challenges do. It is important, that follow up activities were based on the system of social control and monitoring. In addition, it is also important to reveal, identify and eliminate in a timely manner all the possible shortcomings in the activities of two new agencies, that may occur in the reforming process. New system should be based on international standards of transparency and publicity in order to avoid duplication of powers.  

“Young Barristers” welcomes the initiative, according to which the Minister of Justice, along with the law specialists and civil society will select and represent to the Prosecutorial Council at least 3 candidates for the Chief prosecutor, at least one of which must be of the opposite sex. Moreover, representation of each candidate for the position, should be justified and well-substantiated. The candidates will be voted separately during the Prosecutorial Council session.  If the Government agrees on the candidate offered by the Minister of Justice, than this candidate will  be represented  to the Parliament and the latter elects the Chief Prosecutor by a secret bullet, with a simple majority of votes. As for the Head of the State Security Service, the Prime Minister represents to the Government the candidacy and in case if the Government supports him/her, this candidate will be represented to the Parliament for approval. Accordingly, State Security Service will be subordinated to both: the Parliament and the Government.      

“Young Barristers” believes, that as a result of the reform, the country is going to get two professional authorities: professional Prosecutor’s Office and Professional State Security Service and it in turn will increase public trust to the Government Services as well.   



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