Criminal Justice Reform

Criminal Justice

Reform

• Speaker: Davit Sakvarelidze

• Date: 08.09.2011

Before Reforms took place

Organized Crime – “Thieves-in-Law”

Corruption in law enforcement system

Lack of Rule of Law

Impunity Syndrome

HOW DID GEORGIA

ACHIEVE IT?

Organized Crime

Criminal Mentality

No Cooperation with Law Enforcement

Control over the Prisons

Pressure on Businesses

Influence on Political Processes

“Thieves’ World”

Organized Crime

Own budget

so called “Obshyak”

Own “Laws”

“Thieves -in-law” Pyramid

Govermen

t officials

Busines

s

crime

Prisons

Control Over:

Georgian Thieves-in-Law among Former Soviet Union

Countries (2003)

315

651

Georgian Other

15 Republics

Organized Crime

7

Prisons

Organized Crime

Low Salaries

8

Corruption

Policeman Prosecutor Admission to Law Faculty

Bribe to get a job

Position Salary

Judge

15 – 60 $

Prosecutor

Investigator

Reforms

Emending Legislation

HR policy

Structural Reform

Zero Tolerance

Policy

10

HR Policy

Human Resource Optimization: Prosecution Service 1596 →

391

18000 Policemen Fired

Competition-based recruitment

Increased salaries

Better working environment

Training of professionals

Elaboration and implementation of code of ethics

Strict responses to violations by public servants

Increased Salaries

11

HR Policy

Investigator

Prosecutor

Judge

500 – 2000 $

15 – 60 $ 2000

2004

2006

2010

12

Number of Prosecuted Persons within the Justice

System (2003 - 2010)

HR Policy

Position Number

Policeman 1064

Investigator 109

Prosecutor 20

Judge 30

Total 1223

Reforms

HR policy

Structural Reform

Prosecutor-

Investigator Prosecutor

711 257

46 333

Military Prosecution

Transport Prosecutor’s Office

Penitentiary Prosecution

Prosecution Service of Georgia

14

Structural Reform

Reforms


HR policy

Structural Reform

16

Amendments in Legislation

16

Private, Public-private,

Public, Prosecution

Public Prosecution

Initiation of criminal case,

inquiry Initiation of Investigation

Simplified Investigative Procedures

Returning the case for

investigation

Completing the case in

Court

Reforms


HR policy

Structural Reform

Zero Tolerance

Policy

18

Zero Tolerance Policy 2005-2009

No Crime without Strict Responsibility

Criminalization of “Mafia” Membership

Establishing Strict Control Over the Prisons

Forfeiture of Illegal Property

Criminalization of most Prevalent Offences

(Cell phones, Car theft, Robbery, Kidnapping, Burglary, Corruption)

19

Prosecution of Thieves-in-law

76

44

15

38

2006 2007 2009 2010

Prosecutions

Prosecuted Persons

Zero Tolerance Policy

Total 173

20

Criminal Justice System Reform

Illegal Property Returned to the State Budget

1,4 Billion Gel

1 Billion GEL

High State Officials

0,4

Billion Gel

21


21

Prisons Before Prisons Today

22

2006 2007 2008 2009

28% 30% 32%

34%


Cleared Crime

23

Prison Population (2000-2008)

8349 7688 6749 6274 6654

9051

15464

18310

18491

21075

23789

0

5000

10000

15000

20000

25000

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010


24 24

Efficient and Fair Criminal Justice

Plea Agreement

Diversion and Mediation

Transaction Transaction

Mentors Program

Community Prosecutor

25

Cooperation with Law Enforcement

2009 about 3500 cases of cooperation with law enforcement through plea bargain:

Case of Abduction and murder of the brother of a well-known football player Kakhi Kaladze.

Case of murder of Zurab Zubadalashvili

Case of murder of a Turkish national and Financial Director of AES Telasi

26

Plea Agreement Statistics

2005 2006 2007 2008 2009 2010

7358

13602

21084 20399

17663

19313

12.7%

27.9%

44.2% 52% 58.9%

80.8%

87.3%

72.1%

55.8% 48%

41.1%

19.2%

Total Judgments Plea Agreement Main Hearing

Crime Statistics

2006 2007 2008 2009 2010

62283

54746

44644

35945 29642

Criminal Justice Reform Results

11th place

in Doing Business

World Bank, 2010

2nd place

in Property Registration

World Bank, 2010

Recommendations of GRECO & OECD

Implemented

5th place

in Ease of Starting Business

World Bank, 2010

7th place

in Construction Permit

World Bank, 2010

International Rankings

28

Global Corruption Barometer, 2010 – TI

Only 3% of

Users Paid Bribe

77% of

Citizens Perceive Gov’s Actions Toward

the Fighting Corruption as EFFECTIVE

78% of

Citizens Think that Corruption

Level DECREASED

Significantly for the last 3 Years

Life in Transition Survey, EBRD 2010

2nd Place in Customer Service Efficiency

92% of Citizens are Satisfied with the

Procedures of Official Documents Issuance 2006

2008

2009

2010

Corruption Perception among Citizens is the

Lowest – 4%

Only 2% of Citizens Experienced Bribery

78% OF CITIZENS AGREE THAT CORRUPTION HAS

FALLEN IN THE LAST 4 YEARS, WHICH IS THE

HIGHEST IN ALL THE SURVEYED COUNTRIES Life in Transition Survey, EBRD 2010

International Evaluation

Victimization rate for car theft

0,4

Victimization rate for

Robbery/armed

robbery

0,4

Victimization rate for

bribery

2,2

Overall Victimization

rate for 10 Crimes

7

"Crime and Security Survey - Georgia, 2011“ – Initiated by the Ministry of Justice and is funded by the European Union

Georgia - one of the safest places in Europe

Tbilisi - one of the safest capitals in the Western world

The comparison is done only with 8 crimes researched in 1992-2011.

1992 1996 2010 2011

Past 5 Years 12,9 14,2 2,1 1,2

last year 3,9 4,3 0,3 0,2

0

2

4

6

8

10

12

14

16

Pe

rce

nt

Average victimization level in Georgia in 1993-2011 yy. *


1,6%

15,8%

3,0%

21,7%

Georgia 2011

Europe 2004

Comparison of victimisation level in Georgia and European countries. Country vs. capital city

(10 crimes, one year prevalence)

Capital city Country


Assessment of general criminal conditions in Georgia

16 7

72

6

16

6

70

8

Increased Remained the same Decreased DK

Crime rate for the prevalence 5 years [%]

2010 2011

8 13

45

34

7 9

48

36

Will increase Will remain the same Will decrease DK

Crime rate for the next 5 years [%]

2010 2011

Results Criminal Justice Reform

35

The assessment of the authority of “thieves in law” over the last five years

%, 2010 %, 2011

Significantly decreased 70 70

A bit decreased 10 10

Criminal don’t have any authority any 6 7

Decreased (total) 86 87

Remained the same 3 2

A bit increased 1 1

Significantly increased 1 0

Increased (total) 5 3


36

The assessment of police performance (good and fairly good)

Country %

Finland 89 USA 88 Canada 86 Georgia 2011 87 Georgia 2010 85 New Zealand 84 Australia 82 Denmark 82 Austria 81 Scotland 79 Ireland 78 England and Wales 75 Great Britain 75 Germany 74 Norway 73 Belgium 71 Hungary 70 Holland 70 Northern Ireland 70 Switzerland 69 Portugal 67 Italy 65 Sweden 65 Japan 64 Luxemburg 62 France 60 Spain 58 Greece 57 Estonia 47 Mexico 44 Poland 41 Average 70


37

Zero Tolerance – Survey Results

Assessment of the Level of Crime over the Last 5 years

0%

10%

20%

30%

40%

50%

60%

70%

80%

IcreasedRemained the

same DecreasedDK

16%

7%

72%

6%

Question: Level of crime over the next 5 years will increase, remain the same or decrease?

38


Assessment of the Level of Crime for the next 5 years

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

will increase

will remain the samewill decrease

DK

8% 13%

45%

34%


Victimisation Dynamics in Georgia (1996-2010)

39

Last 5 years Last year Last 5 years Last year

1996 2010

Car theft 16.8 3.35 1.1 0.02

Theft from and out of car 34.7 10.7 7.27 0.80

Car vandalism 5.1 1.7 1.7 0.31

Burglary 13.8 3.6 2.7 0.51

Attempted burglary 9.7 3 1.2 0.16

Robbery/armed robbery 7.2 2.5 0.6 0.19

Theft of other personal

property 19.1 6.5 2.1 0.83

Assault and threats of

violence 7.9 3.2 0.5 0.36

Question: If you were a witness of crime, would you cooperate with the investigation?

40

Zero Tolerance Policy – Survey Results

21%

79%

No

Yes

Cooperation with Investigation

Reforms Continue ...

Thank You for Your Attention

41

Criminal Justice Reform

Education

Transcript of Criminal Justice Reform