Manana Kobakhidze: Self-Recusal Was My Personal and Independent Decision

Former Constitutional Court judge Manana Kobakhidze says she filed a motion to recuse herself from considering a constitutional lawsuit based on "inner conviction and judicial conscience." Speaking to Radio Liberty, she said the decision was her "independent step" and that she believes she acted correctly.

Kobakhidze explained that she recused herself at the stage when she had to come into direct contact with the case: "I recused myself at the stage when I had to come into direct contact with the case, before that it was not the subject of my consideration. That is, when the case was brought to the plenum, I filed this motion based on the law, as my inner conviction or judicial conscience dictated."

On speculation, she said there is always room for it, but she will not respond to comments because professional ethics limit discussion on this topic. She said it was a personal decision and "nothing more."

Kobakhidze cites her political past as one of the reasons for the decision: she is a founder of the party that now calls for banning opposition parties. She said the lawsuit was filed by deputies, and the majority of the plaintiffs are representatives of the party Georgian Dream-Democratic Georgia. Kobakhidze asks whether, if a founder and first chairman of the same party were to consider the case, these circumstances together would create a basis that raises questions for an objective observer.

She also responded to the statement of Prime Minister Irakli Kobakhidze, according to which Manana Kobakhidze was at one time a founder of a certain party and has been a judge for ten years, with no connection to that party. Manana Kobakhidze said recusal was requested based on many factors and not only because she was a politician in the past. She said that under the rule of the National Movement she was a lawyer for victims of human rights violations, and had many heated discussions from public platforms, including from parliament, where she openly called on the former government to take responsibility for systemic violations and specific crimes and to leave politics.

On her immediate plans, Kobakhidze said she will restore her membership in the Bar Association. She said she is a founding member of the association: in 2003 the first generation took the bar exam in the parliament building. "I worked hard, I fought hard, I invested a lot of energy, and I do not want my work as a lawyer to end along with my judicial powers, so I will certainly restore my membership in the association, for now as an independent lawyer, the rest time will show," she said.

Manana Kobakhidze's powers as a Constitutional Court judge were terminated before the end of her term. According to the court, her powers were terminated on the basis of a personal statement. Earlier, the court had not granted her motion on self-recusal from considering the lawsuit related to banning parties. According to the court, Kobakhidze filed this motion on October 9. Parliament elected her as a member of the Constitutional Court on February 8, 2017.