18
GOGITIDZE AND OTHERS v. GEORGIA JUDGMENT
• Confiscation: adoption of legal provisions for the investigation of illegal or
unjustified property, introduction of the institution of withdrawal of illegal property;
• Efficiency of investigation and prosecution: introducing plea-bargaining in the
criminal procedure; enhancing the possibilities to apply special investigative means in
collection of evidence;
• Confiscation of proceeds from crime: Georgia has adopted a new law, which
provides legal basis for confiscation of unjustified property, and addresses January
recommendation 9 concerning the confiscation of proceeds of corruption; additionally
new measures are being introduced outside criminal process to enable confiscation of
unexplained wealth (through the reversal of burden of proof) ...”
72. Subsequently, in its First Monitoring Report on Georgia, which was
adopted on 13 June 2006, the ACN concluded that the authorities had
largely complied with its previous Recommendation no. 9 (compare with
paragraph 70 above):
“The legislation of Georgia is compatible with the appropriate requirements of the
international legislation, in particular with the relevant Council of Europe Convention,
in providing for confiscation not only within a criminal procedure, but also through
other means. Thus the Georgian Administrative Code empowers the prosecutor to
claim the illegal property and unexplained wealth, the notion of which is described in
the Law on Conflict of Interests. There are measures provided by the Criminal
Procedure Code, such as the power to make civil claims in relation to the criminal
offence. Georgia also supplied information regarding the application of these norms
that substantiate the claims for effectiveness. It seems that the procedure for
identification and seizure of proceeds of corruption exist and it is efficient and
operational.”
73. In its Third Monitoring Report on Georgia, which was adopted on
25 September 2013, the ACN made the following observations concerning
the results of the anti-corruption measures undertaken in the country:
“Corruption in Georgia has been a significant obstacle to economic development
since the country gained independence. Its pervasive nature and high visibility had
seriously undermined the credibility of the government. However, the new Georgian
government in 2004, which came to power after the ‘Rose Revolution’, committed to
tackle corruption and achieved impressive results in eradicating administrative
corruption.
Georgia’s Transparency International Corruption Perception Index score increased
from 1.8 in 2003 to 5.2 in 2012; Georgia is ranked 51st out of 174 countries (leader in
the region of Eastern Europe and Central Asia). This is by far the most significant
increase for all Istanbul Action Plan countries. Georgia is now ranking higher than a
number of EU member countries (Bulgaria, Croatia, Czech Republic, Greece, Italy,
Latvia, Slovakia and Romania). While all studies confirm that corruption has been
widely eradicated from the citizens’ daily life, many civil society representatives and
representatives of international organisations believed that high-level corruption
persisted. It is considered to be one of the reasons for the previous governing party’s
loss at the October 2012 parliamentary elections.
Progress in anti-corruption efforts has made the most significant impact on
investment and business climate. In the latest World Bank’s Doing Business report
(2013) Georgia moved up to 9th spot globally (from 112th in 2006) with the nearest