On 17th May 2021, the Georgian Young Lawyers' Association submitted to the Parliament of Georgia opinions on the draft laws on amnesty initiated by the Georgian Dream faction [1] and members of the Georgian Parliament [2].
The document reviews the legal implications on the situations on which amnesty is prohibited under international law and aims to promote resolution of the political crisis on the agreement reached between the political parties on 19 April 2021 with the leadership of the President of the European Council and with the involvement of the Head of the EU Mission in Georgia and the US Ambassador to Georgia, ensure its implementation in harmony with the Constitution of Georgia and international standards.
GYLA considers that, in addition to the complete exclusion of the possibility of extending amnesty under Articles 1441-3 of the Criminal Code, the amnesty should not extend to Article 333 part 3 sub-paragraph (b) and (c) of the Criminal Code (abuse of office using violence or a weapon/ committing outrages upon personal dignity of the victim). In case if the opinion is not shared on the non-extension of amnesty under Article 333, the law must take into account the consent of the victim as a mandatory precondition on extending the amnesty concerning Article 333 part 3, subparagraph (b) and (c) of the Amnesty Criminal Code.
The opinions submitted by GYLA can be found in detail in the attached document.
[1] Draft Law on Amnesty (07-3 / 46/10, 27.04.2021), initiated by the Georgian Dream faction.
[2] Draft Law on Amnesty (07-3 / 48/10, 28.04.2021), initiated by members of the Parliament of Georgia (Armaz Akhvlediani, Teona Akubardia, Davit Bakradze, Giorgi Vashadze, Paata Manjgaladze, Ana Natsvlishvili, Salome Samadashvili, Khatuna Samnidze, Davit Usupashvili, Shalva Shavgulidze, Mamuka Khazaradze, Badri Japaridze, Zurab Girchi Japaridze).
