In Georgia, Christian Democrats offer to cancel arrests for administrative offences

In considering the second reading of the new Georgian Administrative Code, Christian Democrats will demand a moratorium on administrative detention. This was announced by Levan Vepkhvadze, the representative of the faction in the Legal Committee of the Georgian Parliament. According to Zurab Dekanoidze, the head of the administration of the Committee on Legislation of the Parliament, the date of consideration of the Code is still unknown.

Let us remind you that on January 4 the "Human Rights Watch" (HRW) published the report entitled "Administrative error: defective system of administrative detention in Georgia", which criticized the Georgian Administrative Code. At that time, Kakha Andjaparidze, Deputy Chairman of the Parliamentary Legal Committee, stated that the Parliament had already discussed the first reading of the new Administrative Code.

Levan Vepkhvadze: during the parliamentary elections, administrative arrests can become means of political pressure

The Christian Democrats will protest against administrative arrest, since the Georgian legislation does not provide separate detention facilities for those who were detained on administrative cases and those against whom criminal cases were initiated, Levan Vepkhvadze states.

In his interview to the "Caucasian Knot" correspondent, he also emphasizes that the moratorium will be able to prevent the attempts of the Georgian authorities to use administrative arrest to put pressure on the opposition ahead of the parliamentary elections to be held in October 2012.

Georgy Gogiya: some countries remove administrative detentions from their practices

The initiative of the Christian Democrats coincides with the recommendation contained in the report issued by the "Human Rights Watch" entitled "Administrative error: shortcomings of the system of administrative detention of Georgia", which states that "at the time of the current reform of the Administrative Code, it is reasonable to cancel imprisonment as a possible punishment for administrative violations."

According to Georgy Gogiya, Senior Researcher for Europe and Asia at the "Human Rights Watch", the initiative is to cancel not a very detention of persons, violating the administrative order (which can last up to 12 hours), but to cancel a possibility that judge could sentence a person to imprisonment for an administrative violation.

Georgy Gogiya told the "Caucasian Knot" correspondent that some countries had removed administrative detention from their practices. "For example, Armenia abolished imprisonment as a punishment for administrative violations. Meanwhile, in 2009 in Georgia, a legislation amendment, under which the maximum term for an administrative violation was extended from 30 days up to 90 days, was adopted," Georgy Gogiya has noted.

"Human Rights Watch" examines four-year practice of administrative arrests in Georgia

The report issued by the "Human Rights Watch" has emphasized that every time after mass political protest actions in Georgia, large numbers of people are subjected to administrative arrests. The document lists the information of the Chief Prosecutor's Office of the country, starting from November 7, 2007 (on that day, the protest action of the united opposition, which demanded resignation of President Mikhail Saakashvili, was dispersed), when 75 persons (including 21 persons sentenced to up to 11 days in custody) were subjected to administrative arrests, and ending with a rally held on May 26, 2011, when 90 persons were sentenced for administrative violations to up to 20 days in custody.

Besides, according to the report, "the Georgian government uses the Administrative Code for fining and imprisonment of some political activists." As an example, the report mentions the detention in August 2010 of Irakli Kakabadze, Shota Gagarin, and Alexei Chigvinadze, writers and political activists, who were detained for holding a peaceful rally in George Bush Street in Tbilisi. All three activists were arrested and each of them was fined for 400 laris (240 US dollars) on charges of disobedience to the police.