„ვენეციის კომისია აქაურ „კლანს“ მხარს უჭერს“ – ვინ როგორ გაიგო ვენეციის კომისიის დასკვნა

ვენეციის კომისიის დასკვნასთან დაკავშირებით, პარლამემტის თავმჯდომარე 3 შტოს წარმომადგენლებს ხვდება. ირაკლი კობახიძე დიპლომატებთან, არასამთავრობო სექტორსა და ხელისუფლებასთან იმ რეკომენდაციებს განიხილავს, რომელიც „უზენაესი სასამართლოს მოსამართლეობის კანდიდატთა შერჩევის პროცედურასა და კრიტერიუმებთან დაკავშირებით“ უმრავლესობის კანონპროექტზე ვენეციის კომისიამ მოამზადა.

ვენეციის კომისიის დასკვნა გუშინ გამოქვეყნდა, თუმცა, საპარლამენტო უმრავლესობას, ოპოზიციას, არასამთავრობო სექტორსა და ექსპერტებს დასკვნა სხვადაისხვანაირად ესმით.

ერთი აცხადებს, რომ ვენეციის კომისიამ ხელისუფლებას ალიყური უთავაზა, მეორე კი აცხადებს, რომ დასკვნაში განსაკუთრებული კრიტიკა არ იკითხევა და საგანგაშო არაფერია.

ანალიტიკოს გია აბაშიძის შეფასებით, ვენეციის კომისიის ასეთი მხარდაჭერა მისთვის მოულოდნელიც კი იყო.

„გადავხედე კომისიის რეკომენდაციებს, მოვუსმინე მმართველი პარტიის ზოგიერთი ოპონენტის განცხადებებსაც. ნამდვილად არ ველოდი, რომ ვენეციის კომისია ასეთ მხარდაჭერას დააფიქსირებდა აქაურ „კლანზე“. ფაქტობრივად, შეუერთდა ამ „კლანს”, დააფიქსირა რა საკუთარი პოზიციები, რომელთა ნაწილი შეუსაბამოა „ოცნების” ზოგიერთი ოპონენტის მოსაზრებასთან. თუმცა, ამ ოპონენტებისგან რა უნდა გაგვიკვირდეს? იმ გუნდიდან, მაგალითად, მახსენდება ექს-ელჩი, პარლამენტარი სალომე სამადაშვილი, რომელსაც თურმე ქვეყნის პრეზიდენტის პორტრეტის საელჩოებში გაგზავნა მეგალომანიად მიაჩნია… რეკომენდაციებზე დანარჩენი სჯა-ბასი კი უკვე პოლიტიკური ინსინუაციების თემაა”, – წერს გია აბაშიძე.

რაც შეეხება პარლამენტის თავმჯდომარის პოზიციას, ირაკლი კობახიძე არ გამორიცხავს, პარლამენტმა რეკომენდაციები გაითვალისწინოს. მისი განცხადებით, შესაძლებელია ვენეციის კომისიის იმ რეკომენდაციის გათვალისწინება, რომელიც მოსამართლეების შერჩევის კრიტერიუმებიდან გამოცდის ამოღებას შეეხება.

დასკვნას „ალიყურის გარტყმად“ აფასებს მმართველი პარტიის ყოფილი თანაგუნდელი ეკა ბესელია. მისი განცხადებით, ეს ყველაზე მწარე, მტკივნეული და მკვეთრი კრიტიკაა.

“ვენეციის კომისიის დასკვნა არის ყველაზე მწარე ალიყური მმართველი პარტიისთვის. ამაზე უფრო მტკივნეული, ამაზე უფრო პირდაპირ და მკვეთრი გაკრიტიკება პროექტისა, რასაც ჩვენ ამდენი ხანია სამართლიანად ვაკრიტიკებთ, წარმოუდგენელია. თუ ამას კობახიძემ ახლა თვალი არ უნდა გაუსწოროს ან იუსტიციის უმაღლესი საბჭოს იმ ჯგუფმა, ვინც ეს პროექტი დაუწერა, ეს უკვე მათი პრობლემაა. როდესაც ვენეციის კომისია გეუბნება, რომ საზოგადოების მხრიდან იუსტიციის უმაღლეს საბჭოს ისეთი დაბალი ნდობა აქვს, რომ რეკომენდაციაც კი არის გადმოცემული, რომ ამ პარლამენტმა არ მიიღოს გადაწყვეტილება, ყველა მოსამართლე ახლა არ აირჩიოს და ეს მანდატი ახალმა პარლამენტმა აიღოს, ეს ნიშნავს არა მხოლოდ იმას, რომ ნდობა იუსტიციის უმაღლეს საბჭოს არ აქვს, არამედ იმას, რომ ნდობა ამ პარლამენტსაც არ აქვს“’ – ასეთია დეპუტატის შეფასება.

შეგახსენებთ, რომ ვენეციის კომისიის ერთ-ერთი რეკომენდაცია უზენაესი სასამართლოს 18 ვაკანტურ პოზიციას ეხება. კერძოს, კომისია პარლამენტს ურჩევს, რომ 18-ვე მოსამართლე ერთად არ დანიშნოს და მხოლოდ ის მოსამართლეები დააკომპლექტოს, რომელიც სასამართლოსთვის აუცილებელია, დანარჩენები კი 2020 წლის საპარლამენტო არჩევნების მერე, ახალმა პარლამენტმა შეარჩიოს.

როგორც პარლამენტის იურიდიული კომიტეტის თავჯდომარე ანრი ოხანაშვილი აცხადებს, მან, ვენეციის კომისიის დასკვნა პოზიტიურად აღიქვა.

„ვენეციის კომისიას ძალიან მნიშვნელოვანი შეფასება აქვს. ყველა ძირითადი საკითხი პოზიტიურად არის შეფასებული. რაც შეეხება რეკომენდაციებს, ჩვენ გვაქვს რესურსი, ვიმსჯელოთ თითოეულ რეკომენდაციაზე, გავაანალიზოთ და შესაბამისად გავითვალისწინოთ. რაც შეეხება ოპოზიციას, ოპოზიციას მოუწევს, თვალი გაუსწოროს ვენეციის კომისიის პოზიტიურ და დადებით შეფასებას“ – აცხადებს ოხანაშვილი.

უმრავლესობის მიერ ინიცირებული საკანონმდებლო ცვლილებათა პაკეტი დღეს პლენარულ სხდომაზე მეორე მოსმენით გადის. ვენეციის კომისიამ საქართველოს უზენაესი სასამართლოს მოსამართლეების არჩევის შესახებ კანონპროექტზე რეკომენდაციები გუშინ გამოაქვეყნა.

მსგავსი თემები

166 Thoughts to “„ვენეციის კომისია აქაურ „კლანს“ მხარს უჭერს“ – ვინ როგორ გაიგო ვენეციის კომისიის დასკვნა”

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