Criminal Justice Reform Speaker: Otar Kakhidze Date:

Before Reforms took place Organized Crime – “Thieves-in-Law” Corruption in law enforcement system Lack of Rule of Law Impunity Syndrome

Organized Crime Criminal Mentality No Cooperation with Law Enforcement Control over the Prisons Pressure on Businesses Influence on Political Processes

“Thieves’ World” Organized Crime So called “Communal Fund of Thieves”. “Obshyak” Own “Laws” Government officials Business Crime Prisons Control Over:

Georgian Thieves-in-Law among Former Soviet Union Countries (2003) Organized Crime

6 Prisons Organized Crime

Low Salaries 7Corruption Policeman $ Prosecutor 5000 $ Admission to the Faculty of Law $ Bribe to get a job PositionSalary Judge 15 – 60 $ Prosecutor Investigator

Reforms Emending Legislation HR policy Structural Reform Zero Tolerance Policy

9 HR Policy Human Resource Optimization: Prosecution Service 1491 → Policemen Fired Competition-based recruitment Increased salaries Better working environment Training of professionals Elaboration and implementation of the Code of Ethics Strict responses to violations by public servants

Increased Salaries 10 HR Policy Investigator Prosecutor Judge 500 – 2000 $ 15 – 6 0 $

Training Personnel Database Appointment Promotion HR Policy Tests 11 New System of Tests & Trainings for Interns Systematic Trainings of Prosecutors

Prosecutor- Investigator Prosecutor Military ProsecutionTransport Prosecutor’s Office Penitentiary Prosecution Prosecution Service of Georgia Structural Reform

13 Amendments in Legislation Private, Public-private, Public, Prosecution Public Prosecution Initiation of criminal case, inquiry Initiation of Investigation Simplified Investigative Procedures Returning the case for investigation Completing the case in Court

14 Zero Tolerance Policy No Crime without Strict Responsibility Criminalization of “Mafia” Membership Establishing Strict Control Over the Prisons Forfeiture of Illegal Property Criminalization of the most Prevalent Offences (Cell phones, Car theft, Robbery, Kidnapping, Burglary, Corruption)

15 Prosecution of Thieves-in-law Zero Tolerance Policy Total 173

Tsalenjikha Telavi Kutaisi Tskneti 16 Criminal Justice System Reform Illegal Property Returned to the State Budget 1,4 Billion Gel 1 Billion GEL 0,4 Billion Gel

17 Zero Tolerance Policy 17 Prisons Before Prisons Today

18 Procedural Agreement Represents an agreement among the prosecution and defense in regard with the charge or penalty Procedural agreement may be reached in regard with ALL CRIME CATEGORIES Procedural Agreement Represents an agreement among the prosecution and defense in regard with the charge or penalty Procedural agreement may be reached in regard with ALL CRIME CATEGORIES Procedural Agreement Guilt Penalty Accused pleas guilty and agrees on penalty Accused does not plea guilty, but agrees on terms and penalty offered by the prosecutor.

Procedural Agreement Statistics Total of Sentences Procedural Agreements Content Consideration

Diversion and Mediation Prosecutor has a right not to launch or stop criminal prosecution of the person charged with less serious or serious crime, If the person agrees to fulfill one or several of the defined activities. Juvenile Diversion program was enacted since November 15, 2010, 137 juveniles have been diverted Adult Diversion program was enacted since October 25, 2011, 411 adults have been diverted

Community Work Community Work is sentenced: Enacted since June 1, 2011 With the Court Verdict, if it Is considered as means of procedural agreement With the Court Verdict With the decision of the Local Council of the Ministry of Prisons Community Work has already been sentenced to 436 persons Community Work has already been sentenced to 436 persons

Prosecution Probation Office MunicipalityEmployers Coordination Local Coordination Council

Witness and Victim Coordination Agency Organization of meetings with prosecutor Instructions about the rights and duties Detailed information about the legal proceedings

Integrated Criminal Case Management System (ICCMS)

The comparison is done only with 8 crimes researched in Criminal Justice Reform Results

26 The assessment of the authority of “thieves in law” over the last five years %, 2010%, 2011 Significantly decreased 70 Slightly decreased Criminals don’t have any authority 67 Decreased (total) 8687 Remained the same 32 Slightly increased 11 Significantly increased 10 Increased (total) 53 Criminal Justice Reform Results

Criminal Justice Reform Results

Question: If you were a witness of crime, would you cooperate with the investigation? 28 Zero Tolerance Policy – Survey Results Cooperation with Investigation

Assessment of General Criminal Situation in Georgia Results of Criminal Justice Reform

30 Prison Population ( ) Zero Tolerance Policy

Analyze of Investigative Activities (2012) 1. Problems related to criminal case management process Digitalization of old cases Functional shortcomings of the system Exchange of electronic information with external bodies New criminal case registration and control thereof Delegation of activities / Monitoring 2. Problems related to communication with citizens Lack of computer skills Disregarding duty to inform citizen Inadequate attitude towards citizens Lack of communication between prosecutor and citizen Inappropriate environment for communications with citizens

Reforms Continue... Thank You for Your Attention! 32