Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section D. Political offence exception to extradition
Georgia’s Law on International Cooperation in Criminal Matters (2010), taking into account amendments up to 2016, states:
1. Extradition may not be conducted if the crime for which the transfer of the person is requested is considered in Georgia as a political or related crime.
2. When defining a political crime, account shall be taken of Article 12(1)(c) of this Law.
3. Encroachment on the life of the head of state or his/her family, or any attempt thereof, shall not be considered as a political crime nor any other crime with respect to which Georgia has undertaken the obligation of extradition under international or individual agreements.
The Law also states: “An offence shall not be deemed to be political if the purpose, motive, form, methods and other circumstances of the crime prevail over the political aspects of the crime”.