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38 p.; 28 cm.
  • Summary
  • Key Recommendations
  • Methodology
  • I. Background
  • Protests and Use of Administrative Imprisonments
  • II. Administrative Detention and Imprisonment in the Georgian Justice System
  • III. Due Process Rights Violations in Georgia's Administrative Proceedings
  • Right to be Informed of the Reasons for the Detention and to Notify a Third Party about the Detention
  • Right to a Lawyer of One's Choosing
  • Flawed Trials
  • Pre-trial Detention Should not be the Norm
  • Adequate Defense and Reasoned Ruling
  • No Action on Ill-Treatment
  • Barriers to Appeal
  • IV. Detention Conditions for Administrative Imprisonment
  • V. International Human Rights Protections Applicable to Administrative Offenses
  • VI. Recommendations
  • To the Government of Georgia
  • VII. Acknowledgements.
"Georgian authorities have used the Code of Administrative Offenses in recent years to lock up protestors and activists at times of political tension. The code allows for a person to be imprisoned for up to 90 days for certain administrative offenses, or misdemeanors. However, as this report describes, the code lacks due process and fair trial protections required for punishment of this severity. It does not explicitly require that police promptly inform defendants of their rights or give reasons for their detention. Detainees are often not allowed to contact their families, and if retained, lawyers often have difficulties in finding detainees in custody. Nor do detainees enjoy fair trial rights in court. Trials are often perfunctory, rarely last more than 15 minutes, and judicial decisions often rely exclusively on police testimonies. If lawyers are present, they lack time to prepare an effective defense. Lawyers and their clients also face obstacles exercising the right to appeal. Those handed terms of administrative imprisonment serve sentences in temporary detention isolators not intended for long-term occupancy, where conditions often fall short of international standards. As a party to both the International Covenant on Civil and Political Rights and the European Convention on Human Rights, Georgia should ensure full due process protections for administrative defendants, particularly with regard to the right to notify a third party about detention, the right to lawyer of one's choosing, and the right to a fair trial."--P. [4] of cover.
Green Library
55 p.
SAL3 (off-campus storage)