GEORGIA: A/S POSNER LEADS DEMOCRACY WORKING GROUP

C O N F I D E N T I A L SECTION 01 OF 03 TBILISI 002137 SIPDIS E.O. 12958: DECL: 11/20/2019 TAGS: PGOV PHUM PREL GG SUBJECT: GEORGIA: A/S POSNER LEADS DEMOCRACY WORKING GROUP DISCUSSIONS REF: A. TBILISI 2005 ¶B. TBILISI 2028 ¶C. TBILISI 1069 Classified By: AMBASSADOR JOHN R. BASS. REASONS: 1.4 (B) AND (D). ¶1. (C) Summary: In the first full meeting of the Democracy Working Group under the umbrella of the U.S.-Georgia Charter on Strategic Partnership, DRL A/S Posner and EUR DAS Kaidanow both challenged the GoG to continue its democratic evolution noting the crucial link between establishing a pluralistic, modern democratic state and long-term stability and security. A/S Posner expressed concern about the Ministry of Internal Affairs' existing structure and urged that all investigations of allegations of police abuse be undertaken quickly and reported on publicly. The GoG shared information on the status of electoral law reform and committed to exploring opportunities to integrate civil society into political processes; beginning jury trials under the recently passed criminal procedure code; considering methods to increase transparency in both the selection and discipline of judges; and launching a second public broadcasting channel. The GoG asked for assistance in revising its civil procedure and material criminal codes and exploring a possible bilateral treaty on extradition and mutual legal assistance. Both sides welcomed the opportunity for discussion, and pledged to continue the conversation. EUR DAS Kaidanow co-chaired the meeting with A/S Posner which included Ambassador Bass and an extended USG delegation, including representatives from EUR/CARC, EUR/ACE, DRL and DOJ/OPDAT. The Georgian delegation was chaired by Deputy Foreign Minister Giga Bokeria. The U.S. delegation also held separate meetings with civil society and media representatives and opposition politicians in advance of the Democracy Working Group (septel). End Summary. POLITICAL PLURALISM AND ELECTORAL REFORM ¶2. (C) On November 17, DRL A/S Posner opened the session by recognizing GOG accomplishments in the six years since the Rose Revolution. He stressed the importance of continuing reforms and allowing space for political pluralism. A/S Posner highlighted the importance of upcoming local elections meeting international standards and that they be perceived to have been free and fair. He noted that President Saakashvili's announcement of the direct elections of mayors (plural) at UNGA created an international as well as domestic expectation, and suggested that if the GoG did not intend to allow for direct elections of mayors (plural) they should openly discuss the reasons for the change. DAS Kaidanow reiterated the need to not only create the legal framework for a free and fair election, but also to follow the spirit of the law by limiting the use of administrative resources and truly committing to create a level playing field. MP and Chairman of the Foreign Relations Committee, Akaki Minashvili explained the ruling United National Movement (UNM) position on the electoral code outlining broad areas of agreement and compromise they had already achieved with the opposition (ref A, ref B). ¶3. (C) Bokeria and Minashvili explained that political parties would be able to meet freely in public buildings and be offered the chance to scrutinize and verify voter lists. Minashvili explained that voter lists would be made public to allow for open and transparent scrutiny. Bokeria agreed with A/S Posner and DAS Kaidanow's comments that a perception of backtracking on electoral promises made by President Qbacktracking on electoral promises made by President Saakashvili could be politically damaging if the government did not explain the basis for the apparent shift. Bokeria agreed that the GoG should be open and transparent regarding its decision making. DAS Kaidanow ended by asking about the impact of creating incumbents in each of the new Tbilisi districts in the months prior to the election and the potential for abuse (ref A). Bokeria agreed to investigate the matter claiming he was not familiar with the specific subject. GOVERNANCE: Constitutional Reform ¶4. (C) Bokeria explained that the Constitutional Commission (ref C) was working on several drafts to help rectify the imbalance between branches. Bokeria said he hoped the models would be ready for some sort of consideration in the Spring or Summer of 2010. According to Bokeria, three models were being considered; an American-type presidential system, a continental parliamentary-type, and a so-called hybrid French-type system. A/S Posner noted that any model would be valuable if it provided for significant checks and balances. TBILISI 00002137 002 OF 003 A/S Posner observed that any new constitution should look to avoid having one central figure of authority with few institutional checks. He encouraged the GoG to make the process as transparent as possible to encourage widespread engagement. Bokeria agreed and noted the process had so far been a good example of opposition figures, civil society and government working together towards a common goal. Transparent and Accountable Governance ¶5. (C) A/S Posner highlighted the importance of transparency in governance. He also encouraged the strengthening of parliamentary oversight of the executive branch. Bokeria replied that parliament is the most open government institution. MP Minashvili announced his expectation that parliament,s capacity would be strengthened by new mechanisms in one and a half years. RULE OF LAW ¶6. (C) A/S Posner congratulated the Georgian delegation on the passage of a new criminal procedure code. A/S Posner called it an excellent initiative and suggested the GoG think seriously about a public awareness campaign as jury trials were an unfamiliar concept in much of the post-Soviet space. The Ambassador suggested that a complementary educational program regarding plea-bargains also be initiated and expressed concerns that deal-cutting prior to prosecution was reinforcing perceptions that different systems of justice are operating in the country. Deputy Minister of Justice Tina Burjaliani said that the GoG fully understood the need for a public education campaign and that public outreach was a priority. A/S Posner pointed out that a strong defense bar was essential to an adversarial process. Burjaliani responded that developing a strong defense bar has proven difficult and that she would welcome USG recommendations. She said that legal aid (a GoG provided service similar to a public defender's office) had proven to be a success and that the GoG was looking to expand its role. Burjaliani proudly noted that the legal aid program's ten offices meant it could cover all of Georgia. A/S Posner raised concerns about judicial independence, noting the perception that those close to the government are treated differently from the opposition. The sides discussed increasing transparency in both the selection and discipline of judges. Bokeria expressed openness to USG advice in this area. Burjaliani said the GoG was currently working with the Council of Europe to improve the disciplinary system and would look for ways to open up the process. The GoG asked for assistance in revising its civil procedure code and proposed discussion of a bilateral treaty on extradition and mutual legal assistance for the Working Group,s next meeting. ¶7. (C) Switching to law enforcement, A/S Posner expressed his concern that the MoIA included general police functions, para-military functions, and intelligence -- and he described this as a model that often leads to excesses. Highlighting the lack of accountability for the police violence in November 2007, he expressed his concern about the public perception that there is little external accountability for MoIA or oversight of the ministry in general. MoIA Head of the Analytical Unit Shota Utiashvili explained that having a para-military force inside the MoIA was not an ideal situation. He said that unfortunately, because of Georgia's earlier international commitments barring regular military forces along the administrative boundaries with Qmilitary forces along the administrative boundaries with Abkhazia and South Ossetia, these paramilitary police units were necessary to monitor and provide security along the conflict zone. Bokeria responded to the accountability question by noting that over 500 law enforcement officers had either been dismissed, prosecuted or formally disciplined since 2004. A/S Posner replied that particulars were not nearly as important as open public accounting of abuses on November 7, 2007, and other incidents, which up to now has been lacking. Bokeria acknowledged mistakes especially concerning the GoG crackdown on protesters on November 7, 2007, and explained the measures including more training that have resulted from the incident. DAS Kaidanow raised the issue of uneven application of the law, or at least the appearance of such, in dealing with political opponents. Bokeria said that he was happy to continue the discussion about arrests or detentions in future conversations. MEDIA FREEDOM AND DIVERSITY ¶8. (C) A/S Posner expressed his concern regarding the opaque nature of ownership structures in broadcast media and encouraged the publication of full lists of media ownership. TBILISI 00002137 003 OF 003 Bokeria responded that the law required transparency in media ownership, but that foreign registered companies could hold ownership without divulging their membership. Bokeria said this scenario was more complex and required a change in certain commercial and other legislation but that the GoG was looking into it. (Embassy Note: Currently Rustavi 2 is held in part by an offshore holding company based in the Virgin Islands. End Note.) Both A/S Posner and DAS Kaidanow questioned content-based licensing distinguishing between entertainment and the news. They also expressed the need for the Georgian Public Broadcaster (GPB) to show a broad diversity of viewpoints. Bokeria announced that the GoG hoped to have Public Channel Two, a Georgian version of CSPAN, up and running by the beginning of 2010. A/S Posner also highlighted the necessity of balanced coverage during the upcoming May elections, noting that establishing a broader notion of public trust in the GPB was important. Civil Society ¶8. (C) A/S Posner observed that engaging civil society in the democratic process was an important component of any functioning democracy. He suggested that increasing the amount of information available on Parliamentary hearings and inviting civil society and other voices to comment on Parliamentary initiatives would be a virtually cost free way to increase democratic dialogue and participation. A/S Posner also suggested that Ministries adopt a rule-making procedure similar to that in the U.S. by inviting comments on draft regulations over a specific period of time before adoption. A/S Posner noted that establishing a few more areas for formal interface between the GoG and civil society should be relatively easy and mutually beneficial noting that many in civil society simply want their voice to be heard and ideas considered. Bokeria and Minashvili agreed and said they would look to expand areas in which civil society can participate in legislative and executive processes. Wrap Up ¶9. (C) A/S Posner thanked the Georgian delegation for being so forthright and willing to have a frank discussion. A/S Posner emphasized that he viewed the discussion as constructive criticism between partners and expressed his hope that further discussions continue in the same vein. He announced the USG,s intention to share a nonpaper regarding extra steps. He also highlighted the importance of creating a proper environment now for the transition in 2013 in addition to next year,s municipal elections. Bokeria echoed the comments noting that the Georgian side also found the discussions very valuable and was very eager to continue the format. ¶10. (U) A/S Posner and DAS Kaidanow have cleared this cable. BASS