Ombudsman: The proposed amendments initiated in Parliament would remove important guarantees that ensure the publicity of court proceedings, which would significantly worsen the level of transparency in the justice system

The legislative changes initiated in Parliament will remove important guarantees that ensure the publicity of court proceedings, which will significantly undermine the transparency of the justice system in the country, as well as limit media access to the judicial process — this is how the Public Defender of Georgia responded to the newly proposed legislative amendments.

According to the statement released by the Ombudsman, the bill fundamentally changes the currently established principle of public access. Instead of openness, the general rule will now become restriction.

The Public Defender of Georgia calls on Parliament not to review this legislative package under an expedited procedure, but rather to discuss the changes in accordance with the general procedure defined by the Parliament’s Rules of Procedure.

"This week, Parliament began reviewing a package of amendments to the Organic Law of Georgia on Common Courts and accompanying legislation under an accelerated process.

The proposed changes address crucial issues such as media coverage of court hearings, the rules for composing the High Council of Justice, the deployment of judges, public access to judicial acts as public information, and various other fundamental aspects of judicial operations.

It is important to note that fast-tracking these legislative changes does not allow for meaningful participation and engagement, which significantly harms the legislative process.

Unfortunately, the changes initiated in Parliament would eliminate key guarantees that ensure court proceedings remain open to the public. This would greatly damage the transparency of the justice system and restrict media access to the judicial process. According to the bill, the principle of publicity — established in current practice — will be fundamentally altered, with restriction becoming the standard instead of openness.

The proposed legislation would reinstate the regulations that were in effect in Georgia from 2007 to 2013, under which photo, film, video recording, and broadcasting of court proceedings and inside courtrooms were prohibited — unless carried out by the court or an authorized party.

It is noteworthy that this type of regulation was strongly criticized by the Public Defender in the 2007 Parliamentary Report.

In the Public Defender’s assessment, reintroducing the pre-2013 regulations on courtroom recording would seriously impair both the transparency of justice in the country and the ability of the media to operate within courtrooms.

The Public Defender of Georgia urges Parliament not to review this legislative package under the expedited procedure and instead to discuss the proposed changes in accordance with the standard procedure set forth by the Rules of Procedure of the Parliament of Georgia,” the statement reads.