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The Parliament to Discuss the Legislative Proposal of Human Rights Center on the Amnesty of the Convicts under Article 262 of the CCG

11.05.2017

 
In terms of the unconditional agglomeration of sentences, especially for drug-related crimes, inadequately long sentences have been a systematic problem in Georgia for years. Unfairly high imprisonment terms were particularly common for women prisoners.

The monitoring group of Human Rights Center has several times met the women prisoners who were charged under articles 260 and 262 of CC and were sentenced to 25, 30 and more years of imprisonment before the amnesty. 

The convicted women say that after the 2012 Parliamentary Elections, the government promised them to review the Articles 260 and 262 of the Cirminal Code of Georgia and to establish effective internal mechanism to revise the inadequately high imprisonment terms which was partly done. 

Unfortunately, the amendments were not yet done in the Article 262 of the CCG and the State has not yet established the effective mechanism to revise the illegal and unfair judgments. Until now, the prisoners lack opportunity to have their inadequately high judgments revised that significantly violate their rights.

Dissatisfaction of women prisoners is also caused by the fact that the President and the Pardon Commission refuse to pardon the prisoners who had served a half or even two thirds of their sentences based on article 262 of CC, before the Parliamentary Elections.

At the same time, the women prisoners believe it is unfair that the recent changes in the Criminal Code of Georgia did not affect the Article 262 of the CCG. 

The situation is the same with regard to men prisoners. With regard to drug-crimes, they still serve inadequately high imprisonment terms. 

Based on the above stated, Human Rights Center believes if there is an internal mechanism for restoration of violated crimes, by announcing the amnesty regarding the article 262 of CC, the Parliament will promote the process of rebuilding justice. 

Formulation of the proposed article for the act of amnesty (article 262 of CC):

1. A person who was convicted for the first time in 2006-2012, for the drug crime under the article 262 of the Criminal Code of Georgia, shall be released from the criminal liability, if their crime is not qualified as sale of narcotics, their analogs, precursors, psychotropic substances, their analogs or potent drugs.
 
2. Sentence of persons who were convicted for second or third time under the article 260-262 in 2006-2012, shall be reduced with ¼.

Human Rights Center

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