Criminal Justice Reform
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Transcript of 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
Emending Legislation
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
Emending Legislation
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
Zero Tolerance Policy
21
Prisons Before Prisons Today
22
2006 2007 2008 2009
28% 30% 32%
34%
Zero Tolerance Policy
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
Zero Tolerance Policy
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. *
Criminal Justice Reform Results
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
Criminal Justice Reform Results
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
Criminal Justice Reform Results
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
Criminal Justice Reform Results
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
Zero Tolerance – Survey Results
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%
Zero Tolerance – Survey Results
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