Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
In 2012, in its fourth periodic report to the Human Rights Committee, Georgia stated:
10. Georgia adopted the [L]aw on International Cooperation in Criminal Matters in 2010, which entered into force together with the new Criminal Procedure Code of Georgia on October 1, of the same year. The new Law covers international cooperation, including extradition. Accordingly, extradition procedures are generally carried out on the basis of bilateral or multilateral treaties binding for Georgia. However, in case of non-existence of [an] extradition treaty with a relevant state, the Ministry of Justice of Georgia is authorized to conclude an ad hoc agreement with the appropriate foreign authorities and thereby carry out extradition procedures (Article 2). Article 29 §1 of the Law on International Cooperation in Criminal Matters excludes extradition if the competent authorities of Georgia have substantial grounds to believe that the extradition of a person is requested for the purpose of prosecuting or punishing that person on account of his race, nationality, ethnic origin, religious belief, political opinion or other similar reasons. Therefore, in case of the circumstances referred to above, the competent Georgian authorities find extradition inadmissible.
11. In addition, the Parliament of Georgia adopted the Law on Refugees and Humanitarian Status in December 2011, which fully envisions the principle of non-refoulement. … Article 21 §3 [of that Law] states that it is inadmissible to expel or extradite from Georgia a person holding a refugee or humanitarian status to the country where there is a reasonable ground to believe that the person will be the victim of torture or other cruel, inhuman or degrading treatment. …
113. The Law of Georgia on International Cooperation in Criminal Matters represents an internal legislative act regulating issues concerning extradition. This law entered into force in October 2010 and is in full compliance with Georgia’s international agreements and international standards. According to the above-mentioned Law, the extradition of a person shall be granted with respect to those offences which are punishable under the laws of Georgia and the foreign State by deprivation of liberty for a period of at least one year or by a more severe penalty. Where a conviction has occurred, the punishment awarded must be for a period of at least four months (Article 18.1).
114. The Law of Georgia on International Cooperation in Criminal Matters sets out important safeguards with respect to extradition. Namely, extradition is not allowed if the offence for which extradition is requested is punishable by death penalty, if there exists reasonable suspicion that the extradition of the person is requested for the purpose of [making] him/her liable for or punishing him/her on the ground of his/her race, nationality, ethnic origin, religious or political views or due to other similar circumstances, if there exists reasonable suspicion that a person will be subjected to torture, cruel, inhuman, degrading treatment or punishment, if a crime in relation to which an extradition is requested is regarded as a political offence by Georgia, if the requesting State rendered the judgment in absentia
of that person and if a person was not properly informed about court hearings or if an accused person was not provided with proper time for p[repar]ation and the minimum rights of defence.