NGO wants criminal code amendments ruled unconstitutional
By Ani Sulakvelidze
Tuesday, December 11
Human rights NGO Article 42 is filing a lawsuit against parliament, demanding that the Constitutional Court strike down recent amendments to the country’s criminal code.
The NGO says the amendments will make it extremely difficult for people to appeal rulings of pre-trial detention.
Lawyer Archil Chopikashvili says that before parliament’s amendments, the country’s Court of Appeals was obliged to consider all appeals of pre-trial detention. Now, the lawyer says, “the Court of Appeals will not have to review appeals at all.”
“This means that the first court’s decision is final and an arrested person has to get used to pre-trial detention,” Chopikashvili said.
The NGO argues that the amendments contravene the 42nd article of the Georgian constitution, which they say enshrines the right of the accused to have their appeals considered by a court.
“The right to appeal is important and necessary for prisoners. They are asking the judge to listen to them and discuss their arguments,” Chopikashvili said. “99 percent of appeals have not been considered by the court.”
Manana Kobakhidze, the chair of the NGO, says that there have been many violations of human rights lately in Georgia, especially after November 7.
“No rights were left after November 7 which were not violated by the government,” she claimed.
However, according to Kobakhidze, human rights are violated not just by physical actions, but also by some of the government’s laws. These amendments to the criminal code, she says, are just the latest examples.
The NGO says the amendments will make it extremely difficult for people to appeal rulings of pre-trial detention.
Lawyer Archil Chopikashvili says that before parliament’s amendments, the country’s Court of Appeals was obliged to consider all appeals of pre-trial detention. Now, the lawyer says, “the Court of Appeals will not have to review appeals at all.”
“This means that the first court’s decision is final and an arrested person has to get used to pre-trial detention,” Chopikashvili said.
The NGO argues that the amendments contravene the 42nd article of the Georgian constitution, which they say enshrines the right of the accused to have their appeals considered by a court.
“The right to appeal is important and necessary for prisoners. They are asking the judge to listen to them and discuss their arguments,” Chopikashvili said. “99 percent of appeals have not been considered by the court.”
Manana Kobakhidze, the chair of the NGO, says that there have been many violations of human rights lately in Georgia, especially after November 7.
“No rights were left after November 7 which were not violated by the government,” she claimed.
However, according to Kobakhidze, human rights are violated not just by physical actions, but also by some of the government’s laws. These amendments to the criminal code, she says, are just the latest examples.