What’s in store for Georgia at the European Court? An analysis of recently communicated cases

Koroteev, Kirill (2012) What’s in store for Georgia at the European Court? An analysis of recently communicated cases. EHRAC bulletin (18). pp. 4-5.

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Abstract

Despite years of reforming its law-enforcement bodies, Georgia still faces serious problems in ensuring the compliance of its criminal justice system with the European Convention on Human Rights (ECHR). In particular, it suffers from a low rate of acquittals which amount to less than 1% of contentious criminal cases (excluding the cases of plea bargain agreements). This depressing statistic makes the offer of a plea bargain hard to turn down since pleading not guilty and facing a full contentious trial, in nearly every case, leads to a conviction. Even though these statistics do not in themselves raise an issue under the ECHR, this situation affects the functioning of the criminal justice system as a whole. Among the most difficult issues are the fairness of proceedings and judicial reasoning. An analysis of recently communicated cases against Georgia allows us to highlight the main areas of concern for the country, which which ought to be addressed even before judgments at the ECtHR are passed down.

Item Type: Article
Uncontrolled Keywords: EHRAC bulletin; European Convention on Human Rights; ECHR; Georgian criminal justice system; court proceedings; judicial reasoning; Georgia
Subjects: 300 Social sciences > 320 Political science
300 Social sciences > 340 Law
Department: Guildhall School of Business and Law
Depositing User: Mary Burslem
Date Deposited: 01 May 2015 10:09
Last Modified: 01 May 2015 10:09
URI: http://repository.londonmet.ac.uk/id/eprint/593

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