Introduction

A fundamental challenge for Georgian democracy is the concentration of political power in the hands of certain individuals or parties and its subsequent manipulation, which influences not only the political and social agenda of the country but also democratic institutions and their functions. Unfortunately, since gaining independence, Georgia has been unable to establish sustainable democratic institutions that are free from the influence of political or other private interests. Today, this problem is even more evident, as the consolidation of power takes place informally, outside the constitutional-legal framework. As a result, the systems of accountability and political responsibility have been completely dismantled. Existing constitutional institutions merely serve to formalize pre-decided political decisions, while significant political decisions are made outside these institutions.

The problem of power abuse is exacerbated by weak institutions that are subject to party influence. A clear example of this is the judiciary, which fails to fulfill its role as a balancer and counterweight to other branches of government. Instead, the judiciary is often used as a tool for political retribution. A judiciary driven by party or narrow corporate interests is also problematic in that it fails to instill respect for the law in society, cannot consolidate society around shared norms and principles of justice, and contributes to a sense of distrust and instability in almost every sphere of life.

Beyond a submissive judiciary, another extreme problem for Georgian democracy is the law enforcement system, which is equipped with excessive power and lacks accountability, and is, in turn, also unable to withstand political influence. Unfortunately, in our reality, the instrumentalization of the police and the prosecutor’s office for party interests has become an established practice, and there are frequent instances where compliance with party or private interests takes precedence over the requirements of the law. Beyond politicization, the punitive and overly controlling policies of these agencies are also problematic. Despite the official abandonment of the zero-tolerance policy on crime after 2012, Georgian legislation and crime-fighting policy have not been fundamentally revised, and our citizens remain at risk of unjust punishments. A clear example of this is the country’s drug policy, which has not yet shifted to a prevention, care, and support-based approach, and still relies on harsh penalties.

In recent years, there has also been an increase in the instrumentalization of security agencies and, more broadly, security issues for party purposes. A central aspect of this problem is the State Security Service, which is extremely secretive and equipped with excessive power. Today, this agency is one of the most powerful political tools, yet much of its activities remain hidden, and there are no strong mechanisms of external oversight in the country to ensure the agency’s effective accountability.

This document presents reform visions in the areas of justice and law enforcement. It consolidates the key reform issues concerning the institutional setup of the common courts system, the prosecutor's office, the police, the State Security Service, and the Special Investigative Service. Additionally, it offers perspectives on reviewing the existing criminal justice and drug policies. The document also includes recommendations regarding the problems of police misconduct and their prevention.

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