Practice Relating to Rule 100. Fair Trial Guarantees
Under Georgia’s Criminal Code (1999), it is a crime in both international and non-international armed conflicts to “wilfully deprive a prisoner of war or any other protected person of their right to a fair trial”.
Georgia’s Organic Law on Common Law Courts (2009) states:
Equality before the Law and the Court.
1. Justice is administered on the basis of equality before the law of all persons participating in the case.
2. The legal proceedings are conducted on the basis of [e]quality and competition of the parties.
Georgia’s Criminal Code (1999), taking into account amendments up to 2017, states:
CHAPTER XLVII – Crime against Humanity, Peace and Security and against … International Humanitarian Law
Article 411 – Intentional breach of the provisions of … international humanitarian law during armed conflicts
2. Intentional breach of the provisions of … international humanitarian law during international or domestic armed conflicts against the persons who do not participate in military actions or who do not hold instruments of defence as well as against the wounded, the sick, medical personnel and the clergy, sanitary units and vehicles, prisoners of war, civilians, civilian population present in the occupied territory or in the area of military actions, refugees, apatrides, other persons who are under protection during military actions, in particular:
e) deprivation of the right to fair tri[al] [for] prisoners of war, or citizens of the adversary party or other persons who are under protection;
shall be punished by imprisonment for a term of fifteen to twenty years or with life imprisonment.
In 2014, in its fourth periodic report to the Committee on the Rights of the Child, Georgia stated:
Due to Russia’s occupation of Tskhinvali Region/South Ossetia and Abkhazia[,] Georgia has been prevented from the opportunity to ensure protection of human rights, including children’s rights in th[ose] parts of the country. Serious facts of discriminations and human rights violations have been reported by numerous … reputable international organizations, committed predominantly against population of Georgian origin. People of Georgian ethnicity, including children, have been deprived of fundamental rights, such as … [the] right to [a] fair trial[.]