Identifier
Created
Classification
Origin
07TBILISI1622
2007-07-10 05:27:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Tbilisi
Cable title:
OCTOBER LAUNCH OF JUDICIAL TRAINING PROGRAM TAKES
how-toVZCZCXRO7613 PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG DE RUEHSI #1622/01 1910527 ZNR UUUUU ZZH P 100527Z JUL 07 FM AMEMBASSY TBILISI TO RUEHC/SECSTATE WASHDC PRIORITY 6944 INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
UNCLAS SECTION 01 OF 03 TBILISI 001622
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PHUM GG
SUBJECT: OCTOBER LAUNCH OF JUDICIAL TRAINING PROGRAM TAKES
FORM
REF: A. TBILISI 268
B. TBILISI 281
C. TBILISI 767
D. TBILISI 932
E. TBILISI 1479
UNCLAS SECTION 01 OF 03 TBILISI 001622
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PHUM GG
SUBJECT: OCTOBER LAUNCH OF JUDICIAL TRAINING PROGRAM TAKES
FORM
REF: A. TBILISI 268
B. TBILISI 281
C. TBILISI 767
D. TBILISI 932
E. TBILISI 1479
1. (SBU) Summary. The USAID Caucasus Mission Director and
Poloff attended the opening of a new High School of Justice
(HSOJ) facility on 22 June in Tskaltubo (Kutaisi) where the
Georgian Chairman of the Supreme Court released to the
international community copies of the much anticipated
curriculum for the training of new judges (reftel A, B). The
release of the curriculum validated earlier conversations
with ministry officials that the curriculum would soon be
made available to the public (reftel C,D,E). Publication of
the curriculum heralds yet another milestone in the
continuing advance of Georgia to develop a more professional
and independent judiciary. End Summary.
--------------
HSOJ CURRICULUM AND INSTRUCTORS READY
--------------
2. (U) The USAID Mission Caucasus Director and Poloff
attended a press conference in Tskaltubo on 22 June which
marked the opening of the Tskaltubo Regional Center of the
High School of Justice. The main office of the HSOJ is
located in Tbilisi. To better serve the regions, two
branches of the HSOJ have been established in Batumi and
Tkhaltubo. Konstantine Kublashvili, Chairman of the Supreme
Court, held a press conference to share with the
international community copies of the HSCOJ curriculum and
particulars about on-going training for judges already on the
bench. He took questions from the floor about draft
legislation dealing with judicial reform and shared
information about the increase in judges and court workers
salaries planned for next year. His presentation answered
many previously open questions about the HSOJ curriculum
which no one had seen prior to this event. Further validation
of the program will take place beginning 9 July.
3. (U) The HSOJ in its new format becomes operative in
October 2007; judges from this time will no longer be
appointed by the President and only HSOJ graduates will be
eligible for the judicial election process. The current plan
stipulates that judges graduating from the HSOJ will work as
first instance judges either as magistrate judges or first
instance judges, hearing cases on administrative, civil and
pre-trial issues in criminal matters. Magistrates who are
appointed in the specific areas of the
administrative-territorial unit under the jurisdiction of the
district court ensure that people in the areas remote from
the district court have speedy access to justice locally. In
this way, the District Courts will assist in decreasing the
large backlog of cases, thereby lowering the number of those
in pre-trail detention. The HSOJ curriculum will consist of
14 months of training, nine of these months in an academic
setting, and five months practical application. There will
be a final exam and interview at t
he end of the training before new judges assume their duties.
Currently representatives from OSCE are suggesting the GoG
extend the program up to two years, but any changes would not
be in effect until 2008.
4. (U) The HSOJ curriculum was developed based on the
provisions of Chapter VI of the Law of Georgia on the HSOJ
but uses a French model as a basis. It provides a detailed
description of the subjects to be taught and activities to be
completed during the theoretical course, internship program
and seminar work all of which are required by Article 19 of
the Law. The main objective of the program is to deepen the
theoretical knowledge of the judicial candidates and give
them the needed practical skills, as well as help them
realize the extent of their future responsibility and the
importance of maintaining judicial independence within the
bounds of the law.
--------------
The Formal Course
--------------
5. (SBU) Sitting judges will teach the theoretical course
using lectures, practice-centered work, discussion, and
homework to achieve the objectives of the course. Shota
Rukhadze, Deputy of the HSOJ, told Poloff that the majority
of the trainers will be sitting judges, as the instruction
will be practice-oriented and only judges have this
experience. University professors or other lawyers wouldn't
have this expertise necessarily. Currently, Rukhadze is
seeking other qualified professional instructors but the
final list of trainers is not yet determined. Rukhadze told
TBILISI 00001622 002 OF 003
Poloff that the instructors' fees had been calculated into
the 2007 budget and passed to the Ministry of Finance. The
calculation was based on the highest daily rate in Georgian
educational institutions. English language courses will be
mandatory twice weekly during this segment, with an emphasis
on English legal terminology. Students who study at the HSOJ
will resign their permanent jobs and be full time students;
the government will allot
them a monthly stipend of 600-650 GEL (390 USD). The total
number of new students for initial training will be 25-30,
which is the number provided to the HSOJ by the High Council
of Justice. These students will be divided between the
institutions in Tbilisi, Batumi and Tskaltubo. Most of the
training for new students will be in Tbilisi; Batumi and
Tskaltubo will be used more for retraining of sitting judges.
SIPDIS
6. (U) The theoretical Course for Judicial Candidates for the
October course will include the following topics:
- Constitutional Law
- Criminal law
- Criminal Procedural Law
- Civil Law
- Civil Procedural Law
- Administrative Law
- Administrative Procedural Law
- Tax Law and Customs Code
- International Law
- Law in Cinema
- Computer and New Information Technologies
--------------
The Internship Program
--------------
7. (U) After completion of the nine month theoretical course,
the students of justice will be required to complete a
compulsory and alternative practical internship program. The
length of the compulsory internship program is three months,
during which the students will spend time in the common
courts of Georgia, or upon approval, either in the
Prosecutor's Office, law firms, or public notaries. During
the internship program, the students of justice will go on
site to different common courts to learn in detail of court
operations, starting from the functioning of court
chancelleries to making decisions on each particular case.
-------------- --------------
Seminars--the Formal Course and Internship in Practice
-------------- --------------
8. (U) At the end of the internship program the students of
justice will complete a two-month seminar program the purpose
of which is to generalize the knowledge and practical
experience the students of justice received during the
theoretical course and practical internship program. During
the seminars, the students of justice will be given concrete
practical homework (such as writing judicial decisions based
on hypothetical cases, drafting various procedural documents,
etc.) which will further improve their knowledge and prepare
them for the final graduating exam.
--------------
Judges and Court Workers Salaries to Increase
--------------
9. (U) During his presentation, Kublashvili announced that
Parliament recently passed a law to increase judges' salaries
monthly by 100 GEL(60 USD),which would be retroactive to 1
January. In 2008 there are plans to further increase judges'
monthly salaries by up to as much as 210 GEL (126 USD) per
month. Additionally, the Parliament is considering raising
the salaries of Tbilisi District Court workers, as they earn
significantly less than judges. Court workers currently
receive 250 GEL (150 USD) a month, whereas judges receive
1500 GEL (899 USD) or more.
--------------
Comment
--------------
10. (SBU) The completion of the HSOJ curriculum is another
milestone for the Georgians in their efforts to strengthen
their judicial arm by having a cadre of professional judges
who are not appointed by the executive arm but through a
recognized transparent process. The curriculum still has yet
to be approved by the High Council of Justice before the
start of the HSOJ term begins in October. Kublashvili's
announcement and promulgation of the curriculum has finally
answered the questions as to what the new judges will study
and how. The looming question still remains where will the
TBILISI 00001622 003 OF 003
HSOJ find additional instructors and will they be ready for
the course start date in October. We will keep pressing the
GoG to ensure that they meet this deadline. End Comment.
TEFFT
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PHUM GG
SUBJECT: OCTOBER LAUNCH OF JUDICIAL TRAINING PROGRAM TAKES
FORM
REF: A. TBILISI 268
B. TBILISI 281
C. TBILISI 767
D. TBILISI 932
E. TBILISI 1479
1. (SBU) Summary. The USAID Caucasus Mission Director and
Poloff attended the opening of a new High School of Justice
(HSOJ) facility on 22 June in Tskaltubo (Kutaisi) where the
Georgian Chairman of the Supreme Court released to the
international community copies of the much anticipated
curriculum for the training of new judges (reftel A, B). The
release of the curriculum validated earlier conversations
with ministry officials that the curriculum would soon be
made available to the public (reftel C,D,E). Publication of
the curriculum heralds yet another milestone in the
continuing advance of Georgia to develop a more professional
and independent judiciary. End Summary.
--------------
HSOJ CURRICULUM AND INSTRUCTORS READY
--------------
2. (U) The USAID Mission Caucasus Director and Poloff
attended a press conference in Tskaltubo on 22 June which
marked the opening of the Tskaltubo Regional Center of the
High School of Justice. The main office of the HSOJ is
located in Tbilisi. To better serve the regions, two
branches of the HSOJ have been established in Batumi and
Tkhaltubo. Konstantine Kublashvili, Chairman of the Supreme
Court, held a press conference to share with the
international community copies of the HSCOJ curriculum and
particulars about on-going training for judges already on the
bench. He took questions from the floor about draft
legislation dealing with judicial reform and shared
information about the increase in judges and court workers
salaries planned for next year. His presentation answered
many previously open questions about the HSOJ curriculum
which no one had seen prior to this event. Further validation
of the program will take place beginning 9 July.
3. (U) The HSOJ in its new format becomes operative in
October 2007; judges from this time will no longer be
appointed by the President and only HSOJ graduates will be
eligible for the judicial election process. The current plan
stipulates that judges graduating from the HSOJ will work as
first instance judges either as magistrate judges or first
instance judges, hearing cases on administrative, civil and
pre-trial issues in criminal matters. Magistrates who are
appointed in the specific areas of the
administrative-territorial unit under the jurisdiction of the
district court ensure that people in the areas remote from
the district court have speedy access to justice locally. In
this way, the District Courts will assist in decreasing the
large backlog of cases, thereby lowering the number of those
in pre-trail detention. The HSOJ curriculum will consist of
14 months of training, nine of these months in an academic
setting, and five months practical application. There will
be a final exam and interview at t
he end of the training before new judges assume their duties.
Currently representatives from OSCE are suggesting the GoG
extend the program up to two years, but any changes would not
be in effect until 2008.
4. (U) The HSOJ curriculum was developed based on the
provisions of Chapter VI of the Law of Georgia on the HSOJ
but uses a French model as a basis. It provides a detailed
description of the subjects to be taught and activities to be
completed during the theoretical course, internship program
and seminar work all of which are required by Article 19 of
the Law. The main objective of the program is to deepen the
theoretical knowledge of the judicial candidates and give
them the needed practical skills, as well as help them
realize the extent of their future responsibility and the
importance of maintaining judicial independence within the
bounds of the law.
--------------
The Formal Course
--------------
5. (SBU) Sitting judges will teach the theoretical course
using lectures, practice-centered work, discussion, and
homework to achieve the objectives of the course. Shota
Rukhadze, Deputy of the HSOJ, told Poloff that the majority
of the trainers will be sitting judges, as the instruction
will be practice-oriented and only judges have this
experience. University professors or other lawyers wouldn't
have this expertise necessarily. Currently, Rukhadze is
seeking other qualified professional instructors but the
final list of trainers is not yet determined. Rukhadze told
TBILISI 00001622 002 OF 003
Poloff that the instructors' fees had been calculated into
the 2007 budget and passed to the Ministry of Finance. The
calculation was based on the highest daily rate in Georgian
educational institutions. English language courses will be
mandatory twice weekly during this segment, with an emphasis
on English legal terminology. Students who study at the HSOJ
will resign their permanent jobs and be full time students;
the government will allot
them a monthly stipend of 600-650 GEL (390 USD). The total
number of new students for initial training will be 25-30,
which is the number provided to the HSOJ by the High Council
of Justice. These students will be divided between the
institutions in Tbilisi, Batumi and Tskaltubo. Most of the
training for new students will be in Tbilisi; Batumi and
Tskaltubo will be used more for retraining of sitting judges.
SIPDIS
6. (U) The theoretical Course for Judicial Candidates for the
October course will include the following topics:
- Constitutional Law
- Criminal law
- Criminal Procedural Law
- Civil Law
- Civil Procedural Law
- Administrative Law
- Administrative Procedural Law
- Tax Law and Customs Code
- International Law
- Law in Cinema
- Computer and New Information Technologies
--------------
The Internship Program
--------------
7. (U) After completion of the nine month theoretical course,
the students of justice will be required to complete a
compulsory and alternative practical internship program. The
length of the compulsory internship program is three months,
during which the students will spend time in the common
courts of Georgia, or upon approval, either in the
Prosecutor's Office, law firms, or public notaries. During
the internship program, the students of justice will go on
site to different common courts to learn in detail of court
operations, starting from the functioning of court
chancelleries to making decisions on each particular case.
-------------- --------------
Seminars--the Formal Course and Internship in Practice
-------------- --------------
8. (U) At the end of the internship program the students of
justice will complete a two-month seminar program the purpose
of which is to generalize the knowledge and practical
experience the students of justice received during the
theoretical course and practical internship program. During
the seminars, the students of justice will be given concrete
practical homework (such as writing judicial decisions based
on hypothetical cases, drafting various procedural documents,
etc.) which will further improve their knowledge and prepare
them for the final graduating exam.
--------------
Judges and Court Workers Salaries to Increase
--------------
9. (U) During his presentation, Kublashvili announced that
Parliament recently passed a law to increase judges' salaries
monthly by 100 GEL(60 USD),which would be retroactive to 1
January. In 2008 there are plans to further increase judges'
monthly salaries by up to as much as 210 GEL (126 USD) per
month. Additionally, the Parliament is considering raising
the salaries of Tbilisi District Court workers, as they earn
significantly less than judges. Court workers currently
receive 250 GEL (150 USD) a month, whereas judges receive
1500 GEL (899 USD) or more.
--------------
Comment
--------------
10. (SBU) The completion of the HSOJ curriculum is another
milestone for the Georgians in their efforts to strengthen
their judicial arm by having a cadre of professional judges
who are not appointed by the executive arm but through a
recognized transparent process. The curriculum still has yet
to be approved by the High Council of Justice before the
start of the HSOJ term begins in October. Kublashvili's
announcement and promulgation of the curriculum has finally
answered the questions as to what the new judges will study
and how. The looming question still remains where will the
TBILISI 00001622 003 OF 003
HSOJ find additional instructors and will they be ready for
the course start date in October. We will keep pressing the
GoG to ensure that they meet this deadline. End Comment.
TEFFT