The Georgian Young Lawyers’ Association appeals to the Parliament of Georgia not to implement amendments initiated by the President to the Law of Georgia on Imprisonment.

On May 16, The Legal Committee of the Parliament adopted by the first hearing the draft initiated by the president of Georgia on introducing of amendments to the Georgian Law on Imprisonment that envisages administrative arrest for violation of the prison rules. The maximum term for the arrest should be 90 days. According to the draft the term is not included in the sentence and each time the prisoner commits the violation of prison disciplinary rules since the decision on imposition of administrative arrest for committing a violation enters into force he may be sentenced to additional 90 days arrest.

The Amendment with its general meaning and specific provisions contradicts with the Georgian Constitution, European Convention on Human Rights, European Convention on Prevention of Torture and Inhuman or Degrading Treatment or Punishment and its protocols, Recommendation (2006-2) of the Committee of Ministers of the European Council and the Fundamental Principles of Criminal Procedure. 

GYLA prepared a legal opinion in regard to the mentioned draft and submitted it to the Legal Committee and the Committee for Civil Integration and Human Rights Protection. Despite it, Legal Committee approved the draft by the first hearing and submitted it to the plenary session of the Parliament.

The Georgian Young Lawyers’ Association appeals to the Parliament of Georgia not to implement amendments initiated by the President to the Law of Georgia on Imprisonment, since it might grossly violate domestic legislation, as well as principles on protection of prisoners’ rights ensured by various international instruments.

Legal Opinion on amendments to the law on imprisonment