Georgia Justice Sector Development Program

INL fully funds initiatives managed by the U.S. Department of Justice Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT) to assist the Government of Georgia by means of a Resident Legal Advisor (RLA) posted to the U.S. Embassy in Tbilisi and supported by experienced attorneys and staff at DOJ headquarters. Initiated in February 1999, the OPDAT Georgia program is extremely busy and productive in its anti-corruption efforts, as well as responsible for the planning and implementation of criminal justice training and assistance programs.  Jared C. Kimball, the current RLA, is an Assistant United States Attorney in Spokane, Washington, and is an experienced federal and state prosecutor.   Mr. Kimball is aided by a Legal Specialist, Nata Tsnoriashvili, who is an attorney who has studied in Georgia, the UK, and the United States.    

Drafting a new Criminal Procedure Code (CPC)

The Georgian legal and law enforcement sectors, particularly the Prosecutor's Office, are casting off their retrograde and corrupt Soviet legacy and moving toward a criminal justice system based on the rule of law and democratic principles. With ongoing help from the RLA and visiting US practitioner and professors, a  working group  completed a lengthy and open process of drafting a new CPC.  The new CPC was adopted in October 2009- a historic achievement for Georgia.  This new code is a Georgian code, and a hybrid between the U.S. model and the Continental legal system.  The new CPC will facilitate effective criminal investigations and prosecutions in a manner that respects civil liberties, and which and affords greater due process protections for the accused. Jury trials will also be implemented in 2010 for murder cases in Tbilisi.  The new CPC introduces a full adversarial system to criminal courts and demands greater independence of the judiciary.

Training

In order to educate the Prosecutor's Office on the changes which will come in force with the new Criminal Procedure Code, the RLA conducts ongoing practical training programs for Georgian prosecutors. .  The RLA conducts monthly mock trial sessions for prosecutors.  This will provide the prosecutors with the skills necessary to successfully implement the CPC.  The RLA also presents frequent training seminars and workshops on criminal law and criminal procedure related topics as requested by the Ministry of Justice.  This includes proecutorial ethics, prosecutorial discretion, and crime scene evidence handling and chain of custody considerations.  .

Procuracy Reform

The RLA and visiting DOJ experts are helping the Procuracy implement OPDAT proposals for mandatory financial disclosure, annual ethics training, the creation an IG/OPR office, and the establishment of standards for hiring, firing, and promotion. Further, with INL funds, OPDAT has established regional prosecutor libraries. These contain the latest legislation and legal practice materials in renovated rooms equipped with a computer for both word processing and internet access, as well as a printer and fax. This, for the first time, establishes nation-wide communication and coordination on criminal legal matters and improves knowledge and skill level.   RLA also supports community prosecution models where prosecutors go into the community to work with students and community leaders on areas of common focus, current crime trends, public awareness, and on developing alternative community-based sanctions for juvenile offendes in lieu of prison. 

Additional Current RLA Activities/Projects

The U.S. Department of Justice RLA and its INL-funded FY09 efforts will focus on implementing Georgia's new  and reformed CPC nationwide.  This includes institutionalizing a trial advocacy training program for prosecutors.  INL/OPDAT will fund CPC and jury trial trainings for Georgian Judges delivered by U.S. Federal Judges.  The RLA and INL will assist Georgia in developing jury related instructional materials and handouts.  The RLA and INL will assist with production of public service announcements on the new components of the CPC; to-wit:  Defendant's rights; witness rights; jury trials/jury duty; discretionary prosecution and prosecution diversion programs; victim's rights; and the independent role of the judge under the new CPC.  The RLA and INL will assist in the production of a CPC Commentary/Annotated Code for legal practitioners and with the development of commentary on rules of evidence. 

The RLA overseas a Criminal Court Monitoring Project to monitor current court practices and to gauge barriers to new CPC implementation.  The RLA supports internal management reforms in the Prosecution Service including ethics reform and reform of media and public relations.  The RLA provides support and expertise for substantive trainings for law enforcement officials on current trends in the Criminal Justice System.  The RLA assists the Witness Protection Unit with creation of implementing legislation. The RLA assists Georgia in streamlining child pornography legislation and enforcement provisions. The RLA will support the further development of the prosecutor's proposed ICCMS (Integrated Criminal Case Management System) by offering planning and development assistance, and by providing technical expertise to the Georgian Ministry of Justice.