Perceptions of prosecutors’ and judges’ wheelings and dealings

On January 19th, 2019 the Rustavi 2 TV channel broadcast an investigative documentary Studio Monitor and Radio Liberty produced. The documentary “Judges in the Government’s Service” followed up on the government’s attempted confiscation of Constanta Bank from its founders in 2011. It further hinted at alleged misconduct by the prosecutors and judges.

Between January 28 and February 4, 2019 CRRC-Georgia conducted a follow-up phone survey to find out whether and how the public viewed the documentary. The survey asked about a number of issues presented in the documentary including:

    • If people knew that the Department to Investigate Offenses Committed in the Course of Legal Proceedings existed in the Prosecutor’s Office of Georgia;
    • Generally, in their opinion, how likely it was that the Prosecutor’s Office effectively prosecuted representatives of the justice system (judges, prosecutors) if it found they had committed offences in the course of legal proceedings;
    • How frequent or rare cases of judges in Georgia making deals with the government to have decisions favorable for them are;
    • If they could recall a specific, recent case of government representatives seizing property from private individuals.

The phone survey resulted in 804 completed interviews. Its results are representative of the adult Georgian-speaking population of the country. The average margin of error of the survey is 2.6%. Results discussed in this blog are based on all completed interviews (804) and are weighted to the demographic characteristics of the population.

The documentary was broadcast on Rustavi 2 and shared on the websites and social media pages of Radio Liberty and Studio Monitor. Only 3% of the adult Georgian-speaking population of the country reported watching the film. Most of them (66%) saw it on Rustavi 2. Most respondents that saw the film (54%) found it convincing.

A small share of the public had heard of the Department to Investigate Offenses Committed in the Course of Legal proceedings. Only 12% of the adult Georgian-speaking population had heard that a special department was established at the Prosecutor’s Office of Georgia to investigate offences committed in the course of legal proceedings. A large majority (87%) did not know about it.

People are often uncertain about the Prosecutor’s Office serving as a neutral actor in relation to the judiciary. About a quarter (26%) said it was fully likely or more likely than unlikely that the Prosecutor’s Office prosecuted judges and prosecutors if it found that they had committed offences in the course of legal proceedings. About the same share (27%) reported that it was more unlikely than not or entirely unlikely that the Prosecutor’s Office effectively prosecuted representatives of the justice system. For the most part, people found it hard to respond to this question and the most frequent response was ‘Don’t know’ (46%). One percent of respondents refused to answer the question.

As for judges making deals with the government, about a third (30%) of the population reported that in their opinion it was frequent, 27% said it was rare, and only 6% responded that it was never the case. A plurality (37%) could not answer the question.

Few people can recall a case of the government seizing private property. Respondents were asked to recall a specific, recent case of a government representative seizing property from private individuals. Only 1% could. Respondents generally said they did not know (49%), they could not recall a specific case (46%), or refused to answer the question (4%). Only a few people named specific cases. Those that did pointed to the Omega case, TBC Bank case, and Anzor Kokoladze case.

Overall, the data suggests a small share of the public is aware of the Prosecutor’s Office’s department for investigating crimes committed during legal proceedings. They are also generally uncertain about how the Prosecutor’s Office would deal with issues in the judiciary.

The phone survey conducted in January 28-February 4, 2019 resulted in 804 completed interviews. Its results are representative of the adult Georgian-speaking population of the country. The average margin of error of the survey is 2.6%. They survey is part of the “Promoting Prosecutorial Independence through Monitoring and Engagement (PrIME)” project funded by the European Union. 

This blog post has been produced with the assistance of the European Union. Its contents are the sole responsibility of CRRC-Georgia and IDFI and do not necessarily reflect the views of the European Union.

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