GEORGIA

• Constitution of Georgia
• President of Georgia
• Parliament of Georgia
• Law of Georgia (texts in Georgian; Search)

Georgia has been a democratic republic since the presidential elections and constitutional referendum of October 1995. The President is elected for a term of 5 years; his constitutional successor is the Chairman of the Parliament.

The Georgian state is highly centralized, except for the autonomous regions of Abkhazia and Ajaria, which are to be given special autonomous status once Georgia's territorial integrity is restored. Those regions were subjects of special autonomies during Soviet rule and the legacy of that influence remains. In most locations local elections took place on November 15, 1998, marking the first elections under the 1995 constitution. Candidates from 11 political parties and two political blocks presented candidates.

Source: U.S. Department of State

• Constitutional Court of Georgia

Georgian law establishes a three-tier court system. At the lowest level are district courts, which hear routine criminal and civil cases. At the next level are regional ("city") courts of appeal, which serve as appellate courts for district courts. The regional courts also try major criminal and civil cases, review cases, and either confirm verdicts or return cases to the lower courts for retrial. The Supreme Court acts as a higher appellate court and remains the court of first instance for capital crimes and appeals from the Central Election Commission.

The Georgian Constitution provides for an independent judiciary; however, in practice the judiciary often does not exercise full independence, and judicial impartiality is limited. Judges have enacted a judicial code of ethics; however, some observers have alleged that the Supreme Court's decisions are subject to political and other undue influences. In December 2001, the Supreme Court implemented a system of regional managing judges to monitor the performance of lower courts throughout the country.

A separate Constitutional Court arbitrates constitutional disputes between branches of government and rules on individual claims of human rights violations. The Court has interpreted this latter function narrowly, agreeing to rule only in cases in which the complainant alleged that the violation was sanctioned by law. The court only considers one case at a time. The Court's rulings have demonstrated judicial independence.

Source: U.S. Department of State

• Human Rights Protection in Georgia (Parliament of Georgia)
• Public Defender of Georgia
• Amnesty International - Report 2002
• Human Rights Watch Report - 2002
• U.S. Department of State Report on Human Rights Practices - 2001

The Georgian Government's human rights record remained poor and worsened in several areas in 2001. Numerous serious irregularities in the October 1999 parliamentary elections and the April 2000 presidential election limited citizens' right to change their government. Several deaths in custody were blamed on physical abuse, torture, or inhuman and life-threatening prison conditions. Reports of police brutality continued. Security forces continued to torture, beat, and otherwise abuse detainees. Corruption in law enforcement agencies was pervasive. Prison conditions remained harsh and life-threatening; however, some steps were taken during the year to address problems in the prison system. Arbitrary arrest and detention increased during the year. Neither the President nor other senior officials took concrete steps to address these problems, and impunity remained a problem. The judiciary was subject to pressure and corruption and did not ensure due process; reforms to create a more independent judiciary were undermined by failure to pay judges in a timely manner. There were lengthy delays in trials and prolonged pretrial detention remained a problem. Law enforcement agencies and other government bodies occasionally interfered with citizens' right to privacy. The press generally was free; however, security forces and other authorities intimidated and used violence against journalists. Journalists practiced self-censorship. The police restricted freedom of assembly and law enforcement authorities dispersed numerous peaceful gatherings. Government officials infringed upon freedom of religion. The Government continued to tolerate discrimination and harassment of some religious minorities. Violence and discrimination against women were problems. Trafficking for the purpose of forced labor and prostitution was a problem.

Source: U.S. Department of State

• Georgia Law Firms (Martindale-Hubbell)

• Tbilisi State University