Presentation held by Mr. Davit Sakvarelidze, within the Regional Workshop on Georgia's anti-corruption and public service delivery reforms (22-24 September 2011).

1. Criminal Justice
Reform
• Speaker: Davit
Sakvarelidze
• Date: 08.09.2011

2. Before Reforms took place
Organized Crime – “Thieves-in-Law”
Corruption in law enforcement system
Lack of Rule of Law
Impunity Syndrome

3. HOW DID GEORGIA
ACHIEVE IT?

4. Organized Crime
Criminal Mentality
No Cooperation with Law Enforcement
Control over the Prisons
Pressure on Businesses
Influence on Political Processes

5. Organized Crime
“Thieves’ World”
Own budget Own “Laws”
so called
“Obshyak” “Thieves -in-
law” Pyramid
Control Over:
Govermen
Prisons crime Busines t officials
s

6. Organized Crime
Georgian Thieves-in-Law among Former Soviet Union
Countries
(2003)
15 Republics
315
651
Georgian Other

7. Organized Crime
Prisons
7

8. Corruption
Low Salaries
Position Salary
Judge
Prosecutor 15 – 60 $
Investigator
Bribe to get a job
Policeman Prosecutor Admission to Law Faculty
8

9. Reforms
HR policy
Zero
Structural
Tolerance
Reform
Policy
Emending
Legislation

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
10

11. HR Policy
Increased Salaries
500 – 2000 $
Judge 2010
2006
Prosecutor
2004
2000
Investigator
15 – 60 $
11

12. HR Policy
Number of Prosecuted Persons within the Justice
System
(2003 - 2010)
Position Number
Policeman 1064
Investigator 109
Prosecutor 20
Judge 30
Total 1223
12

13. Reforms
HR policy
Structural
Reform

14. Structural Reform
Prosecutor Prosecutor-
Investigator
257
711
333 Transport
Prosecutor’s Office 46
Prosecution Service of
Georgia
Military Prosecution Penitentiary Prosecution
14

15. Reforms
HR policy
Structural
Reform
Emending
Legislation

16. Amendments in Legislation
Simplified Investigative Procedures
Private, Public-private,
Public Prosecution
Public, Prosecution
Initiation of criminal case,
Initiation of Investigation
inquiry
Returning the case for Completing the case in
investigation Court
16
16

17. Reforms
HR policy
Zero
Structural
Tolerance
Reform
Policy
Emending
Legislation

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)
18

19. Zero Tolerance Policy
Prosecution of Thieves-in-law
Prosecutions
Total 173
76
44
38
15
2006 2007 2009 2010
Prosecuted Persons
19

20. Criminal Justice System Reform
Illegal Property Returned to the State Budget
1,4 Billion Gel
1 Billion GEL 0,4
Billion Gel
High State Officials
20

21. Zero Tolerance Policy
Prisons Before
Prisons Today
21
21

22. Zero Tolerance Policy
Cleared Crime
34%
30% 32%
28%
2006 2007 2008 2009
22

23. Zero Tolerance Policy
Prison Population
(2000-2008)
25000 23789
21075
20000 18491
18310
15000
15464
10000 9051
8349 7688
6749 6274 6654
5000
0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
23

24. Efficient and Fair Criminal Justice
Plea Agreement
Diversion and Mediation
Transaction
Transaction
Mentors Program
Community Prosecutor
24
24

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
25

26. Plea Agreement Statistics
Total Judgments Plea Agreement Main Hearing
21084
20399
19313
17663
19.2%
13602 55.8% 48%
41.1%
7358 72.1%
80.8%
52% 58.9%
87.3% 44.2%
27.9%
12.7%
2005 2006 2007 2008 2009 2010
26

27. Criminal Justice Reform Results
Crime Statistics
62283
54746
44644
35945
29642
2006 2007 2008 2009 2010

28. International Rankings
11th place 5th place
in Doing Business in Ease of Starting Business
World Bank, 2010 World Bank, 2010
7th place
in Construction Permit
World Bank, 2010
2nd place Recommendations of
in Property Registration GRECO & OECD
Implemented
World Bank, 2010
28

29. Global Corruption Barometer, 2010 – TI
77% of
Only3% of
Citizens
Perceive Gov’s
Users Paid Actions Toward
Bribe the Fighting
Corruption as
EFFECTIVE
78% of
Citizens Think
that Corruption
Level
DECREASED
Significantly for
the last 3 Years

30. Life in Transition Survey, EBRD 2010
2nd Place in Customer
Service Efficiency
92% of Citizens are 2010
OF CITIZENS the
Satisfied withAGREE THAT2009
78% Procedures of Official CORRUPTION HAS
2008
FALLEN IN THE LAST 4 YEARS, WHICH IS THE
Documents Issuance 2006
HIGHEST IN ALL THE SURVEYED COUNTRIES
Life in Transition Survey, EBRD 2010
Corruption Perception
among Citizens is the
Lowest – 4%
Only 2% of Citizens
Experienced Bribery

31. International Evaluation
Georgia - one of the safest
Victimization rate for
car theft
Victimization rate for
Robbery/armed
places in Europe
0,4 robbery
0,4
Tbilisi - one ofOverall Victimization
the safest
Victimization rate for
capitals in the Western world
bribery
2,2
rate for 10 Crimes
7
"Crime and Security Survey - Georgia, 2011“ – Initiated by
the Ministry of Justice and is funded by the European Union

32. Criminal Justice Reform Results
Average victimization level in Georgia in 1993-2011 yy. *
16
14
12
Percent
10
8
6
4
2
0
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
The comparison is done only with 8 crimes researched in 1992-2011.

33. Criminal Justice Reform Results
Comparison of victimisation level in Georgia and European countries. Country vs.
capital city
(10 crimes, one year prevalence)
Capital city Country
Europe 2004 21,7%
15,8%
Georgia 2011 3,0%
1,6%

34. Results Criminal Justice Reform
Assessment of general criminal conditions in Georgia
Crime rate for the prevalence 5 years [%]
2010 2011 72 70
16 16
7 6 6 8
Increased Remained the same Decreased DK
Crime rate for the next 5 years [%]
2010 2011 48
45
34 36
13
8 7 9
Will increase Will remain the same Will decrease DK

35. Criminal Justice Reform Results
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
35

36. Criminal Justice Reform Results
Country % The assessment of police performance
Finland 89 (good and fairly good)
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
36

37. Zero Tolerance – Survey Results
Assessment of the Level of Crime over the Last 5 years
80%
72%
70%
60%
50%
40%
30% 16%
20% 7%
10% 6%
0%
Icreased
Remained the
same Decreased
DK
37

38. Zero Tolerance – Survey Results
Assessment of the Level of Crime for the next 5 years
45%
45%
40%
35%
34%
30%
25%
20%
15% 13%
8%
10%
5%
0%
will increase
will remain the same
will decrease
DK
Question: Level of crime over the next 5 years will increase, remain the
same or decrease?
38

39. Zero Tolerance – Survey Results
Victimisation Dynamics in Georgia (1996-2010)
Last 5 years Last year Last 5 years Last year
1996 2010
Car theft 16.8 3.35 1.1 0.02
34.7 10.7 7.27 0.80
Theft from and out of car
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
19.1 6.5 2.1 0.83
property
Assault and threats of
7.9 3.2 0.5 0.36
violence
39

40. Zero Tolerance Policy – Survey Results
Cooperation with Investigation
Yes 79%
No 21%
Question: If you were a witness of crime, would you cooperate with the investigation?
40

41. Reforms Continue ...
Thank You for Your Attention
41