DAS BRYZA MEETING WITH PROSECUTOR GENERAL

C O N F I D E N T I A L SECTION 01 OF 02 TBILISI 002019

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/30/2012
TAGS: PGOV PHUM PREL GG
SUBJECT: DAS BRYZA MEETING WITH PROSECUTOR GENERAL
ADEISHVILI

REF: A. TBILISI 1622


B. TBILISI 932

C. TBILISI 1792

D. TBILISI 1242

E. TBILISI 1604

Classified By: Charge d'Affaires Mark X. Perry, for reasons 1.4 (b) and
(d).


1. (C) Summary: On July 27, DAS Bryza and GoG Prosecutor
General Adeishvili discussed judicial reform, Abkhazia,
property issues and crime. Adeishvili talked about the
training of judges and implementation of the magistrate
system, both of which are on track. He cited great strides
in the last year to clear a backlog of cases in pre-trial
detentions. On Abkhazia, Adeishvili stated that the Abkhaz
police did not show any interest in working with Georgian law
enforcement in the Gali region to reduce crime. On property
rights, Adeishvili said that his organization stands ready to
assist Greek property owners in Tsalka with their property
claims. With regards to the Batiashvili and Topuria cases,
Adeishvili stated that the government of Georgia is within
its rights to try the cases. In both instances, there were
links to organized crime. Adeishvili said his organization's
primary focus of combating organized crime has now evolved to
fighting drug trafficking. DAS Bryza praised the successes
of the Prosecutor General's (PG) office in the last months:
passage of the ex parte communications ban, achieving Tier
One on the Trafficking in Persons Report, and hard work on
the Criminal Procedure Code (CPC),which is anticipated to
pass in Parliament in the fall. Bryza called for sustained
progress in these areas, and assurance of due process in
criminal cases. End Summary.

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Training for Judges
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2. (C) Adeishvili told Bryza and Charge that beginning in
September new judges will be trained at the High School of
Justice (HSOJ) in line with Georgia's commitment to judicial
reform, but some judges may be appointed to fill vacancies
before then as they cannot wait 14 months (the time period of
the curriculum) for the judges to be ready to assume their
duties. He noted progress in resolving corruption cases
against judges: of the previous 15 corruption cases against
judges, only two are still ongoing. Adeishvili expressed
appreciation for the training that DOJ and USAID are
providing and anticipated that even more will be needed in
the future to get the magistrate system fully up and running.
He noted his appreciation for the training that Judge John
Walker provided during his recent trip to Georgia. (Reftels
A,B,C.)


3. (C) Adeishvili noted that the PG's office has made great
strides in the last year to reform the judicial system and
clear a backlog of cases in pre-trial detentions. In 2005,
70 per cent of those waiting for trial were in pre-trial
detention, whereas in 2006 only 25 per cent were in pre-trial
detention due to the use of bail. He noted of the 18,000
prisoners incarcerated, 1,000 of these are in pre-trial
detention, 3,000 have been tried and are awaiting sentencing,
and the remainder have already been sentenced.

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Batiashvili and Topuria Cases
--------------


4. (C) DAS Bryza pressed for due process in the Batiashvili
and Topuria cases which have drawn international attention
for alleged procedural violations. (Reftel D.) With regard
to the Topuria case, Adeishvili said the defendants' ties to
organized crime necessitated the arrests and the decision to
close the trial to the public. Bryza raised the concern that
although the GoG may have grounds to close the trial, this
decision contributed to a perception in the international
community that the cases were not transparent--something at
odds with Georgian goals of joining the wider European
community. Adeishvili said that there was ample evidence
with regard to the Batiashvili case to secure a conviction.
Adeishvili noted that due process would be carried out in
these and all cases.

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Abkhazia Investigation and Cooperation
--------------


5. (C) DAS Bryza told Adeishvili that Georgia fared well
during the recent Group of Friends meeting in Bonn. (Reftel
E.) The Western Friends reiterated strong support for
Georgia's territorial integrity and for the Georgian
Government's right and obligation to administer to the needs

TBILISI 00002019 002 OF 002


of its citizens in the Upper Kodori Valley. It was a
significant that the Joint Fact Finding Group report
condemned the March 11 attack in the Upper Kodori Gorge and
noted the use of helicopters in the attack. Bryza called for
decreased tension and renewed Georgian-Abkhaz police
cooperation in the Gali district. Adeishvili was not hopeful,
noting a high level of criminality on both sides of the
Enguri and lack of Abkhaz interest in closer law enforcement
ties. Adeishvili said the incidence of Abkhaz kidnapping of
ethnic Georgians is three times higher than last year.

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Property Issues
--------------


6. (C) DAS Bryza raised the issue of Greek property rights
and recuperation of property in the Tsalka region, southwest
of Tbilisi. Adeishvili relayed that the GoG has been active
in working with the Georgian Diaspora in Greece to reclaim
their property. The GoG committed to resolving the issue.
Adeishvili said representatives from the EU and Greece have
come to Georgia in connection with return of Greek
properties.



7. (C) Bryza asked about reports of property confiscation in
Tbilisi. Adeishvili said his office no longer has any
authority to look into repatriation of property that has been
privatized. (COMMENT: In June 2007 a law was passed which
made irreversible all property privatized before 1 April

2007. END COMMENT.) Adeishvili said his office has worked to
return over one billion USD worth of property to its rightful
owners since the current administration took office.
Adeishvili pointed out that the opposition raised this issue
often, but added that many members of the opposition were
guilty themselves of having taken over property as
caretakers, and then went to court and became owners of the
property without having paid any money for the property.

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New Focus
--------------


8. (C) Adeishvili said his office is making a major goal of
lowering the homicide rate. While crime rates overall have
systematically fallen by 40 percent, he said homicide
continues to be a problem for Georgia. In comparison to
Armenia (60-70 cases) and Azerbaijain (130 cases),Georgia's
number of homicide cases is significantly higher (300 cases)
per year. Many murders appear to be related to drug
trafficking. He related that Georgia has a good grip on
organized crime, and now needs to focus on drug use, a big
social problem, and its associated crimes. Adeishvili
estimated that there are over 150,000 addicts in Georgia,
although there are no official figures. He relayed that when
the PG's office implemented drug testing two years ago, 13
percent of the personnel were deemed to be drug dependent.
Adeishvili told Bryza about a recently publicized case of
U.S.-Georgian cooperation in cracking a drug ring that
originated in Colombia. Several suspects were arrested in
Odessa in connection with the confiscation of 250 kilograms
of cocaine. Adeishvili said he believed the drug ring had
its nexus in Russia. He praised FBI-Georgian law enforcement
cooperation in making the Odessa arrest and is working to
pinpoint the Georgian network affiliated with this ring.


9. (U) DAS Bryza has approved this cable.


PERRY