The organization “Young Barristers” and the “Center for Civil Involvement” calls the Parliament of Georgia for creation of the Parliamentary Commission of Inquiry, to investigate  the activities of the Chairman of the Supreme Court of Georgia during 2005-2015.

On February 23, 2005, Konstantine Kublashvili was elected as the Chairman of the Supreme Court of Georgia and thus, faced the most important responsibility of human rights protection. However, the gaps in the judicial system during the period of his governance, made it obvious, that Kostantine Kublashvili failed to fulfil or simply didn’t fulfil his obligations.

The organizations believe, that Konstantine Kublashvili’s activities require strict evaluation on behalf of the Government as far as his actions are likely to include certain elements  of crime and thus need sufficient investigation. If commitment of crime is confirmed, he should sufficiently be legally liable for them.                                              

During 2005-2015, the Court was politically influenced and became a tool of implementation of the demands and instructions of the high ranking political officials regarding certain criminal cases, which led to the collapse of the justice system and massive violation of fundamental human rights,  guaranteed by the Constitution.                                             

It should be noted, that it was during the period of his rule, when torture and other inhuman treatments became systematic in and out of the penitentiary establishments. The court was greatly in charge of this tendency, as only the Court has authority to take final decision on the criminal proceedings and is the only body administrating justice. 

In  the light of the conclusions provided by  numerous local NGOs as well as  International Human Rights Organizations and existing public protest against the former Chairman, it becomes clear that Georgian Judicial System didn’t work properly and it has been criticized in Europe  as well; the European Court of Human rights noted in it’s ruling into  “Enukidze and Girgvliani v. Georgia” – different branches of the Government, including domestic courts, acted jointly  in order to prevent administration of fair justice in  Girgvliani Murder Case. 

Unfortunately, Girgvliani Murder Case is not the only case, where the European Court of Human Rights confirms the failure of the Georgian Court System to fulfil it’s positive obligations and adoption of completely unjustified decisions. In addition, it should also be taken into consideration, that, the majority of the population tried to avoid appealing outside the country, due to the intimidation and pressure on behalf of the Government or were forced to demand their complaints back due to the same reasons                                                      

During the period of Kublashvili ruling, adoption of unjustified decisions became familiar, the admission of a cassation complaints  became virtually impossible and thus the last instance court continued it’s existence only formally.  The court turned  into the Notary of the prosecution in record of the criminal justice. During 2007-2009 number of guilty verdicts statistically amounted  0.1 %  and hundreds of political prisoners  appeared in the country.                                                 

The Court System is much responsible for all the events, mentioned above, since it has the positive obligation of the protection of human rights and  it is the one, which should ensure appropriate actions in order to protect the rights of the persons  participating in the  legal proceedings.

In the lights of the facts, it can be concluded, that the court during  2005-2015  didn’t stand at such a height  to be able to  properly protect human rights and fundamental freedoms. Moreover, directly or indirectly,  it encouraged system crimes and inhuman treatments  against prisoners   on  behalf of the other branches of the Government . The Chairman of the Supreme Court of Georgia had institutionally powerful mechanism and under such circumstances it is impossible not to evaluate negatively his ten-years activities. 

The “Young Barristers” and the “Center for Civil Involvement” appeal to the  legislative branch  of the country, to the authority, trusted highly  and calls for creation of the Parliamentary  Commission of Inquiry in order to fully and impartially   investigate alleged criminal actions and make the former Chair of the Supreme Court of Georgia, the person supervising independent and effective  administration of  justice, Konstantine Kublashvili, responsible before the law.