Friday, 12 June 2015 09:51

Retribution and the Rule of Law: The Politics of Justice in Georgia

Justice GeorgiaBy Johanna Popjanevski

June 2015

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Over the last several years a gradual politicization of justice in Georgia has put into question the country’s democratization progress. Most attention has centered on the judicial campaign launched beginning in late 2012 against a number of former government officials, including former President Mikheil Saakashvili, who has been ordered to pre-trial detention in absentia. This policy of selective justice has resulted in domestic as well as international criticism and raises important questions with regard to the independence of the judicial structures and, overall, the current state of the rule of law in Georgia.This paper examines the question of the politicization of justice in light of two key issues: first, the degree to which the prosecution is under the influence of the executive; and second, whether arrests of key individuals are purely punitive, or seek to weaken political opponents.

Justice Georgia Cover LowExecutive Summary

Over the last several years a gradual politicization of justice in Georgia has put into question the country’s democratization progress. Most attention has centered on the judicial campaign launched beginning in late 2012 against a number of former government officials, including former President Mikheil Saakashvili, who has been ordered to pre-trial detention in absentia. This policy of selective justice has resulted in domestic as well as international criticism and raises important questions with regard to the independence of the judicial structures and, overall, the current state of the rule of law in Georgia.

This paper highlights that the lack of judicial independence is a long-standing problem in Georgia, dating back to Soviet times. While the post-revolutionary government that came to power in 2004 in Georgia undertook a number of measures to restore the judicial structures, including constitutional amendments aimed at strengthening the independence of the judiciary and a new Criminal Procedure Code deemed largely in line with international standards, many of the traditional problems of the judiciary persisted. Judges continued to systematically rule in favor of the prosecution, and public trust in the judiciary remained alarmingly low. Property rights violations were frequent and often neglected by the prosecution, and appeared to accelerate in the last years of the Saakashvili administration. Poor prison conditions also remained an issue of strong international concern.

Since the democratic transfer of power in 2012, Georgia continues to grapple with these long-standing issues relating to the state of the judiciary. In addition, the judiciary increasingly appears to be used as a tool for political retribution. The ruling Georgian Dream (GD) coalition, which came to power largely based on a common agenda of ousting President Saakashvili and his team from power, has had notable difficulties in uniting in reform efforts in other spheres and delivering on its promises of improved socio-economic conditions for the Georgian public. Similarly, it has struggled to attract foreign investments. Instead, the government has focused on bringing justice to past deeds.

The Prosecutor’s Office has launched a judicial campaign against a number of former government officials, including the former minister of internal affairs, Bacho Akhalaia, the former prime minister, Vano Merabishvili, the former Mayor of Tbilisi, Gigi Ugulava, and, most recently, former President Mikheil Saakashvili.

Along with former high-level officials, the prosecution has targeted thousands of individuals, many of them opposition activists, and subjected them to questioning or investigation. The campaign, notably, has also targeted political rivals within the GD coalition itself. In May 2013, a number of officials from the Ministry of Agriculture were arrested on embezzlement charges, in an apparent attempt to discredit then-Minister Davit Kirvalidze and remove him from office. The events resulted in Kirvalidze’s resignation; however, months later the charges against his team were dropped due to a lack of evidence. Similarly, in October 2014 high-ranking officials within the Ministry of Defense were arrested on charges of budgetary misspending, resulting in the dismissal of the defense minister, Irakli Alasania, from office. Alasania had established himself as the most popular politician in Georgia; the deepening rift between him and the Georgian Dream leadership was well known, and it was widely expected that his party would run separately in the 2016 elections.

This paper examines the question of the politicization of justice in light of two key issues: first, the degree to which the prosecution is under the influence of the executive; and second, whether the arrests are purely punitive, or seek to weaken political opponents. The study finds that several factors suggest that the prosecution lacks independence from the executive. The prime minister’s exclusive control over the appointment and dismissal of the prosecutor general testify to the potential control exercised by the elite over the prosecution. While the independence of judges has reportedly improved somewhat in recent years, for example through the introduction of lifetime appointments for judges, they may still be dismissed within a three-year probation period.

Concerning the motives behind the arrests, the current practices differ markedly from the Saakashvili era. After coming to power, Saakashvili’s team, too, launched a campaign against members of the previous elite who were accused of corruption. High-level officials were arrested in public, and in many cases the individuals were never charged but released in exchange for compensation for financial damage to the state. However, the political context to the events in 2004 and the present-day situation are different. A decade ago, the former authorities were not an opposition force capable of challenging the new government. The post-revolutionary campaign was therefore mainly punitive, and did not serve to weaken or eliminate the opposition. Moreover, when a new opposition emerged in the years following the revolution, breaking off from Saakashvili’s team, they were not directly targeted by the prosecution. Thus, the judiciary appears presently to be used for political purposes to a larger extent than before. The timing of some of the recent arrests is a further indication of their political nature. At the time of Merabishvili’s arrest, the former prime minister was widely expected to be the UNM candidate in the 2013 presidential election. Ugulava, who served as UNM’s campaign manager, was arrested shortly before the second round of local elections in July 2015, with damaging consequences for UNM’s election campaign. The arrest of the five Ministry of Defense officers in October 2014 took place while Alasania was in France to sign an agreement on a new air defense system. While the decision to conclude the agreement was anchored at the highest political level, Alasania reportedly received a last-minute phone call from Tbilisi with orders not to sign—suggesting that the arrests of his staff, and his subsequent dismissal, were politically motivated.

The emerging practice of selective and political justice in Georgia should be of concern to domestic and Western policymakers for several reasons. First, a continuously polarized political scene is damaging to Georgian interests as it hampers cooperation in fields where the government and opposition have common objectives. Political instability not only delays reform work, but also makes the country vulnerable to various threats. Domestically, it risks leading to national unrest, and even external manipulation. In light of the continuous threat that Georgia is exposed to, it is more crucial than ever that Georgia’s political forces unite to address issues relating to national security. This is particularly relevant given Russia’s actions in Ukraine, and its recent policy of concluding partnership agreements with the separatist authorities in Abkhazia and South Ossetia, which amounts to further annexation of the two regions. Finally, it is damaging to the country’s Euro-Atlantic integration processes. Both the U.S. and the EU have repeatedly warned against actions amounting to political retribution, but the judicial campaign against political rivals of the government has continued apace. If the judiciary continues to be exploited for political purposes, it will therefore impede Georgia’s democratization process, its stability and Euro-Atlantic integration, and ultimately its national security.

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  • ASIA Spotlight with Prof. S. Frederick Starr on Unveiling Central Asia's Hidden Legacy
    Thursday, 28 December 2023 00:00

    On December 19th, 2023, at 7:30 PM IST, ASIA Spotlight Session has invited the renowned Prof. S Fredrick Starr, who elaborated on his acclaimed book, "The Lost Enlightenment: Central Asia's Golden Age from the Arab Conquest to Tamerlane." Moderated by Prof. Amogh Rai, Research Director at ASIA, the discussion unveiled the fascinating, yet lesser-known narrative of Central Asia's medieval enlightenment.

    The book sheds light on the remarkable minds from the Persianate and Turkic peoples, spanning from Kazakhstan to Xinjiang, China. "Lost Enlightenment" narrates how, between 800 and 1200, Central Asia pioneered global trade, economic development, urban sophistication, artistic refinement, and, most importantly, knowledge advancement across various fields. Explore the captivating journey that built a bridge to the modern world.

    To know watch the full conversation: #centralasia #goldenage #arabconquest #tamerlane #medievalenlightment #turkish #economicdevelopment #globaltrade

    Click here to watch on YouTube or scroll down to watch the full panel discussion.

  • Some Lessons for Putin from Ancient Rome
    Thursday, 04 January 2024 17:01
    By S. Frederick Starr 
    American Purpose
    January 4, 2024
     
    Vladimir Putin, having sidelined or destroyed all his domestic opponents, real or imagined, now surrounds himself with Romano-Byzantine pomp and grandeur. The theatrical civic festivals, processions of venerable prelates, cult of statues, embarrassing shows of piety, endless laying of wreaths, and choreographed entrances down halls lined with soldiers standing at attention—all trace directly back to czarism, to Byzantine Constantinople, and ultimately to imperial Rome. Indeed, Putin considers himself as Russia’s new “czar,” the Russified form of the Latin “Caesar.”
     
    But besides all the parallel heroics, Roman history offers profound lessons for today’s world. All of America’s Founders saw the Roman Republic as the best model for their own constitution. Napoleon, Mussolini, and Hitler, by contrast, found in imperial Rome a stunning model for their own grandeur. True, some of Rome’s ancient chroniclers, including the celebrated Livy, so admired specific politicians that they saw only their good sides and ignored the problems and failures. Yet there were others, notably the pessimistic Sallust, who not only wrote bluntly of history’s painful issues but delved deep into their causes and consequences.
     
    Is Putin likely to delve into the history of Rome for insights on his own situation? Unfortunately for Russia, Putin is not a reader, preferring instead to engage in exhibitionist athletic activities, preside at solemn ceremonies, or offer avuncular obiter dicta. However, if he would study the Roman past, he might come to realize that that model presents more than a few chilling prospects that he will ignore at his peril.
     
    To take but one example, a glance at Roman history would remind Putin that self-declared victories may not be as victorious as he and Kremlin publicists want to think. Back in the 3rd century B.C., when Rome was still a small state in central Italy, it was attacked by a certain King Pyrrhus, a rival ruler from Epirus, a region along today’s border between Greece and Albania. In his first battles Pyrrhus routed the Roman legions, and celebrated accordingly. But matters did not end there.
     
    Like Pyrrhus, Putin’s army scored some early victories in its war on Ukraine. As recently as December 1, Putin’s Minister of Defense Sergei Shoigu was still claiming, in spite of all evidence to the contrary, that Russian forces “were advancing on all fronts.” Pyrrhus made similar false claims, only to discover that his own soldiers were no match for the determined Romans. As the Romans drove Pyrrhus’ army from the field, he groused, “If we win one more such victory against the Romans we will be utterly ruined,” which is exactly what happened. Pyrrhus’ statement gave Romans the term “Pyrrhic victory,” which we still use today. Putin should apply it to his “victories” at Bakhmut and Avdiivka.
     
    Another crisis in Rome’s early formation as a nation occurred when a peasant uprising threatened Rome itself and, according to the historian Livy, caused panic in the Roman capital. In desperation, the elders turned to Lucius Cincinnatus, who was neither a military man nor a professional politician, but who had earned respect as an effective leader. It took Cincinnatus only fifteen days to turn the tide, after which he returned to his farm. George Washington rightly admired Cincinnatus and consciously emulated him, returning after the Battle of Yorktown to Mount Vernon. By contrast, Putin’s “special military operation,” planned as a three-day romp, is now approaching the end of its second year. Putin, no Cincinnatus, doomed himself to being a lifer.
     
    Roman history is a millennium-long showcase of motivation or its absence. In this context, Putin might gain further insights by examining Rome’s centuries-long battle against the diverse tribes pressing the empire from the north. For centuries Rome’s legionnaires were well trained, disciplined, and committed. The list of their early victories is long. Both Julius Caesar and the philosopher-emperor-general Marcus Aurelius succeeded because they motivated and inspired their troops. But over time the Roman army was increasingly comprised of hirelings, déclassé men who fought not to save the empire but for money or a small piece of the bounty. Inflation and rising costs outpaced pay increases. Punishment was severe, in some cases including even crucifixion. In the end, Rome’s army eroded from within.
     
    This is what is happening to the Russian army today. Putin attacked Ukraine in February 2022 with what was then an army of several hundred thousand trained professional soldiers. But after the Ukrainians killed more than 320,000 Russian troops, their replacements were unwilling and surly conscripts and even criminals dragooned from Russia’s jails. Putin quite understandably fears such soldiers. Putin’s army, like that of the late Roman Empire, is collapsing from within.
     
    By contrast, Ukraine’s army at the time of the invasion was small and comprised mainly Soviet-trained holdovers. Both officers and troops of the line had to be quickly recruited from civilian professions and trained. Yet they quickly proved themselves to be disciplined and resourceful patriots, not tired time-servers. True, Ukraine is now conscripting troops, but these newcomers share their predecessors’ commitment to the nation and to their future lives in a free country.
     
    Sheer spite and a passion for avenging past failures figured prominently in Putin’s decisions to invade both Georgia and Ukraine. Roman history suggests that this isn’t smart. Back in 220 B.C., Rome defeated its great enemy, the North African state of Carthage. Anticipating Putin, the Carthaginian general Hannibal sought revenge. Acting out of spite, he assembled 700,000 foot soldiers, 78,000 mounted calvary, and a force of war elephants, and crossed the Alps. Though he was a brilliant general, Hannibal’s war of spite turned into a disaster.
     
    Why did Hannibal lose? Partly because of his sheer hubris and the spite that fed it, and also because the Romans avoided frontal battles and simply ground him down. They were prudently led by a general named Fabius Maximus, whom later Romans fondly remembered as “the Delayer.” Today it is the Ukrainians who are the Delayers. By grinding down Putin’s army and destroying its logistics they have positioned themselves for victory.
     
    The Roman Republic fell not because of any mass uprising but because of the machinations of Julius Caesar. A victorious general, Caesar looked the hero as he was installed as imperator. As was customary at such ceremonies, an official retainer placed behind the inductee solemnly repeated over and over the admonition to “Look behind you!” Caesar failed to do so and underestimated the opposition of a handful of officials and generals who feared the rise of a dictator perpetuus. Even if Putin chooses not to read Cicero, Plutarch, or Cassius Dio, he could productively spend an evening watching a Moscow production of Shakespeare’s The Tragedy of Julius Caesar.
     
    Turning to a very different issue, Putin seems blithely to assume that whenever Russia defeats a neighboring country it can easily win the hearts and minds of the conquered, whether by persuasion or force. This is what many Roman generals and governors thought as well, but they were wrong—fatally so. Speaking of the impact of corrupt officials sent by Rome to the provinces, the great orator-politician Cicero declared to the Roman Senate, “You cannot imagine how deeply they hate us.” Does Putin understand this?
     
    Finally, it is no secret that Russia today, like ancient Rome, is increasingly a land of immigrants; its economy depends on impoverished newcomers from Kyrgyzstan, Tajikistan, and elsewhere in Central Asia who fled to Russia in search of work. Yet Moscow treats them as third-class citizens and dragoons them as cannon fodder or “meat” to die by the thousands on the Ukrainian front. Rome faced a similar problem and wrestled with it unsuccessfully over several centuries. Over time the despised immigrants who poured across the Alps from Gaul demanded a voice in Roman affairs, and eventually took control of the western Roman Empire.
     
    Sad to say, neither Putin himself nor any others of Russia’s core group of leaders show the slightest interest in learning from relevant examples from Roman history or, for that matter, from any other useable past. Together they provide living proof of American philosopher George Santayana’s adage that, “Those who forget history are condemned to repeat it.” In Putin’s case, though, he seems never to have known it. 
     

    ABOUT THE AUTHORS: S. Frederick Starr, is a distinguished fellow specializing in Central Asia and the Caucasus at the American Foreign Policy Council and founding chairman of the Central Asia Caucasus Institute.

    Additional Info
    • Author S. Frederick Starr
    • Publication Type Analysis
    • Published in/by American Purpose
    • Publishing date January 4, 2024
    • Publication Link Direct Link
  • CACI Chairman S. Frederick Starr comments on "Preparing Now for a Post-Putin Russia"
    Friday, 03 November 2023 18:30

    Whether Russian President Vladimir Putin dies in office, is ousted in a palace coup, or relinquishes power for some unforeseen reason, the United States and its allies would face a radically different Russia with the Kremlin under new management. The geopolitical stakes mean that policymakers would be negligent not to plan for the consequences of a post-Putin Russia. On November 2, 2023, CACI Chairman S. Frederick Starr joined a panel organized by the Hudson Institute’s Center on Europe and Eurasia for a discussion on how US and allied policymakers can prepare for a Russia after Putin.

    Click here to watch on YouTube or scroll down to watch the full panel discussion.

  • Central Asia Diplomats Call for Closer Ties With US
    Monday, 26 June 2023 00:00

    REPRINTED with permission from Voice of America News
    By Navbahor Imamova

    WASHINGTON -- U.S.-based diplomats from Central Asia, a region long dominated by Russia and more recently China, say they are eager for more engagement with the United States.

    Many American foreign policy experts agree that a more robust relationship would be mutually beneficial, though U.S.-based nongovernmental organizations express deep concerns about human rights and authoritarian rule in the five countries: Uzbekistan, Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan.

    Michael Delaney, a former U.S. trade official, argued in favor of greater engagement this week at a webinar organized by the American-Uzbekistan Chamber of Commerce.

    He noted that three of the five republics are World Trade Organization members and the other two are in the accession process — a goal actively encouraged by the U.S. government.

    "I've always believed that this is a geographically disadvantaged area. There are relatively small national economies," he said. But, he said, collectively the region represents a potentially more connected market, about 80 million people.

    Key issues

    In this virtual gathering, all five Central Asian ambassadors to Washington expressed eagerness to work on issues the U.S. has long pushed for, such as water and energy sustainability, security cooperation, environmental protection and climate, and connectivity.

    Kazakhstan's Ambassador Yerzhan Ashikbayev said that despite all factors, the United States does not want to leave the field to China, its global competitor, which actively invests in the region.

    "Recent visit by 20 companies to Kazakhstan as a part of certified U.S. trade mission, including technology giants like Apple, Microsoft, Google, but also other partners like Boeing, have shown a growing interest," Ashikbayev said.

    The Kazakh diplomat described a "synergy" of economies and diplomatic efforts. All Central Asian states are committed to dialogue, trade and multilateralism, he said. "As we are witnessing the return of the divisive bloc mentalities almost unseen for 30 years, it's in our best interest to prevent Central Asia from turning into another battleground of global powers."

    During his first tour of Central Asia earlier this year, Secretary of State Antony Blinken visited Kazakhstan and Uzbekistan, meeting separately with the foreign ministers of all five countries.

    That was deeply appreciated, said Meret Orazov, Turkmenistan's longtime ambassador, who also praised the regular bilateral consultations the U.S. holds with these countries.

    Uzbek Ambassador Furqat Sidiqov sees the U.S. as an important partner, with "long-standing friendship and cooperation which have only grown stronger over the years."

    "The U.S. has played a significant role in promoting dialogue and cooperation among the Central Asian nations through initiatives such as the C5+1," he said, referring to a diplomatic platform comprising Washington and the region's five governments.

    "This is where we address common concerns and enhance integration," said Sidiqov. "We encourage the U.S. to bolster this mechanism."

    Tashkent regards Afghanistan as key to Central Asia's development, potentially linking the landlocked region to the markets and seaports of South Asia. Sidiqov said his country counts on American assistance.

    'Possibility of positive change'

    Fred Starr, chairman of the Central Asia-Caucasus Institute in Washington, ardently advocates for the U.S. to adopt closer political, economic and people-to-people ties with the region.

    In a recent paper, he wrote that among dozens of officials, diplomats, entrepreneurs, experts, journalists and civil society leaders interviewed in Central Asia, "even those most critical of American positions saw the possibility of positive change and … all acknowledged that the need for change is on both sides, theirs as well as ours."

    This is the only region that doesn't have its own organization, said Starr, arguing that the U.S. could support this effort. "We have not done so, probably because we think that this is somehow going to interfere with their relations with their other big neighbors, the north and east, but it's not going to. It's not against anyone."

    "Easy to do, low cost, very big outcome," he added, also underscoring that "there is a feeling the U.S. should be much more attentive to security."

    "Japan, the European Union, Russia, China, their top leaders have visited. … No U.S. president has ever set foot in Central Asia," he said. He added that regional officials are left to wonder, "Are we so insignificant that they can't take the time to visit?"

    Starr urges U.S. President Joe Biden to convene the C5+1 in New York during the 78th session of the U.N. General Assembly in September. "This would not be a big drain on the president's time, but it would be symbolically extremely important," he said. "All of them want this to happen."

    Read at VOA News

  • Read CACI Chairman S. Frederick Starr's recent interview on the resurgence of Imperial Russia with The American Purpose
    Tuesday, 23 May 2023 00:00

    Why Russians Support the War: Jeffrey Gedmin interviews S. Frederick Starr on the resurgence of Imperial Russia.

    The American Purpose, May 23, 2023

    Jeffrey Gedmin: Do we have a Putin problem or a Russia problem today?

    S. Frederick Starr: We have a Putin problem because we have a Russia problem. Bluntly, the mass of Russians are passive and easily manipulated—down to the moment they aren’t. Two decades ago they made a deal with Vladimir Putin, as they have done with many of his predecessors: You give us a basic income, prospects for a better future, and a country we can take pride in, and we will give you a free hand. This is the same formula for autocracy that prevailed in Soviet times, and, before that, under the czars. The difference is that this time Russia’s leader—Putin—and his entourage have adopted a bizarre and dangerous ideology, “Eurasianism,” that empowers them to expand Russian power at will over the entire former territory of the USSR and even beyond. It is a grand and awful vision that puffs up ruler and ruled alike.

    What do most Russians think of this deal? It leaves them bereft of the normal rights of citizenship but free from its day-to-day responsibilities. So instead of debating, voting, and demonstrating, Russians store up their frustrations and then release them in elemental, often destructive, and usually futile acts of rebellion. This “Russia problem” leaves the prospect of change in Russia today in the hands of alienated members of Putin’s immediate entourage, many of whom share his vision of Russia’s destiny and are anyway subject to Putin’s ample levers for control. Thus, our “Putin problem” arises from our “Russia problem.”

    Click to continue reading...