C o n s e i l d e s b a r r e a u x e u r o p é e n s – C o u n c i l o f B a r s a n d L a w S o c i e t i e s o f E u r o p e association internationale sans but lucratif - RPM Bruxelles 0.467.250.186

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Le Président The President

Mr. David Usupashvili

Chairman

Georgian Parliament

Vakhtang Khmaladze

Chairman

Legal Issues Committee

Georgian Parliament

Parliament of Georgia,

26 Abashidze str.,

Kutaisi, Georgia, 4600

Brussels, 24 December 2013

Dear Members of the Georgian Parliament,

I am writing to you on behalf of the Council of Bars and Law Societies of Europe (CCBE)

which represents the bars and law societies of 32 member countries and 12 further associate

and observer countries, and through them more than 1 million European lawyers.

Ever since its establishment in 1960, the CCBE has been in the forefront of advancing the

views of European lawyers, protecting the rights of citizens and defending the legal principles

upon which democracy and the rule of law are based.

The Georgian Bar Association, which is an observer member of the CCBE, has drawn our

attention to recent amendments to the Criminal Procedure Code of Georgia.

The Georgian Bar Association has raised serious concerns in regard to certain provisions that

might not comply with Art.6 of the European Convention on Human Rights, and particularly,

might violate the principle of equality of arms, which is incorporated into the right to a fair

trial. The Georgian Bar Association fears that the principle of equality of arms would not be

safeguarded with the introduction of amended provisions and that Art.6 of the ECHR would

not be implemented into the Criminal Procedure Law of Georgia in full accordance with the

case law of the European Court of Human Rights.

In this respect, I would like to underline that the European Court of Human Rights has

consistently recognised the fundamental importance of the right to a fair trial.

The State is under a positive obligation to take all necessary steps to ensure that the right to a

fair trial is guaranteed and that the principle of equality of arms is observed in the course of

criminal proceedings. The State is obliged to ensure that everyone who is a party to

proceedings must have a reasonable opportunity to present their case to the court under

conditions which do not place him/her at a substantial disadvantage vis-à-vis his/her

opponent. A fair balance must be struck between the parties.

In the light of the aforesaid, the CCBE stresses the importance of the principle of equality of

arms in efforts to guarantee the right to a fair trial.

Accordingly, the CCBE urges the Georgian Parliament to note the concerns raised by the

Georgian Bar Association in its letters and open statements to the Georgian Parliament

regarding recent amendments to the Criminal Procedure Code of Georgia in order to achieve a

fair balance between the parties in criminal proceedings.

The CCBE has also been informed by the Georgian Bar Association that enactment of some

amendments to the Criminal Procedure Code were postponed on a number of occasions and

might be postponed again. These amendments, especially those concerning the interrogation

of witnesses (for example, see the comments of the Georgian Bar Association regarding

Article 332) are essential in order to achieve a fair balance between the parties in criminal

proceedings. In this regard, the CCBE would like to support the call of the Georgian Bar

Association to introduce criminal procedure law provisions that guarantee the right to a fair

trial and safeguard the principle of equality of arms as soon as possible without delay.

We thank you for taking note of our concerns.

Yours sincerely,

Evangelos Tsouroulis

CCBE President