On June 18, Human Rights Education and Monitoring Center (EMC) held a presentation of a new research: “Politics of Invisible Political Power – Analysis of the Law Enforcement System.” The research includes a comprehensive analysis of the law enforcement system. The document deals with all the major institutional shortcomings of the Ministry of Internal Affairs, Prosecutor’s Office and penitentiary system. In particular, the research refers to the following issues:
- The risks of politicizing law enforcement agencies;
- Concentration of excessive power in the Ministry of Internal Affairs;
- Analysis of preventive functions of Police;
- Review of the Investigation system;
- Disciplinary and criminal responsibility of representatives of law enforcement agencies;
- Accountability.
Research revealed that the main challenge for the prosecutor’s office and the Ministry of Internal Affairs is a high risk of politicization of the system. Currently, the system is not protected against political influence and relevant services are not independent. Excessive power is concentrated in the hands of the Ministry of Internal Affairs, without adequate mechanism of control and balances that leads to the increased risk of arbitrariness and abuse of power. Increasing police functions, namely, crime prevention measures, pose the risk of their misuse and arbitrary and disproportionate restriction of the freedom of the individual.
The investigation system should be refined. The system cannot ensure institutionally impartial and effective investigation. Inefficient system of responsibility is contributing to arbitrariness and impunity of the law enforcement officers. In particular, there is no independent mechanism to investigate crimes committed by law enforcement officers. The research also revealed there is a need of strengthening accountability mechanisms for law enforcement agencies.
Besides the gaps and challenges, the research includes specific recommendations as well. Assessments and recommendations made by the authors of the research are based on the analysis of international standards and best practices.
The research has been prepared through financial support of Open Society Georgia Foundation.