“Young Barristers” published the results of the monitoring on the legal perspectives of prisoners sentenced to life and appealed to the President, Parliament and Government of Georgia with relevant recommendations. 

According to the monitoring, implemented by the organization, the Government doesn’t have any particular strategy of revising cases of prisoners sentenced to life, however this is one of the most important components of the process of restoration justice. The research shows, that by 2007, only 25 convicted persons were sentenced to life imprisonment, however by 2015, this figure has increased and reached 81 convicted persons. Such increase is directly linked to the Government’s “Zero Tolerance” and severe criminal policy implemented during 2003-2012. The level of court independence during those years and direct influence of the prosecutorial power on the judiciary, have eventually resulted in ineffective investigations of the criminal cases, including the cases of convicts sentenced to life. On December 28, 2012, the Parliament of Georgia has clearly admitted by adopting the Georgian Law on Amnesty, that there are certain political prisoners in the country.      

Archil Kaikatsishvili, the Head of the organization “Young Barristers” says, that despite the fact, that the new Government has admitted political background of certain convictions by adopting the “Law on Amnesty”, yet, the gaps in the legislation makes it impossible to restore justice in connection with life prisoners. The principle of reducing sentence by ¼ should have been applied to life sentences as well, but since there has not been defined specifically how to apply this principle to the life imprisonment, which doesn’t have any upper limit, life imprisonment, as a sentence remained unchanged. The joint statement prepared by life prisoners contains 3 main demands and as they consider they face: a) wrong coalification b) inadequate sentence and c) the prisoners claim they are innocent. The organization urges, that while an act of clemency of life-term prisoners envisages, that consideration of the pardon petition can begin only after convicted prisoner has already served 25 years of imprisonment, the President of Georgia , yet is authorized to grant pardon on the ground of relevant appeal notwithstanding these provisions, which is exclusive authority of the President. “Young Barristers” focuses on the approaches of the European Commission and on the examples of 7 different countries, researched by the organization and concludes, that it is necessary, that the State of Georgia observed common democratic standards. In accordance with these standards: a) nobody should be forced to die in prison. ; b) no category of prisoners should be stamped as likely to spend their natural life in prison; c) denial of release should never be final and d) not even recalled prisoners should be deprived of hope of release. 

In the frameworks of the research, “Young Barristers” have introduced to the society Givi Dumbadze’s case, a life-term prisoner placed in #8 Penitential Establishment. Salome Goglidze, the lawyer with “Young Barristers” and the coauthor of the research, states, that factual and legal circumstances of the case make an impression, that Givi Dumbadze has been imprisoned illegally for political reasons. Givi Dumbadze is the victim of the former Government, since he is serving a sentence for the crime, he has never committed, his case should be reviewed, but it hasn’t done so far and the case needs thorough study and examination in order to determine real and fake evidences in the case. In February, 2014, the Human Rights and Civil Integration Committee of the Parliament of Georgia has submitted it’s report to the Prosecutor’s Office for quick response. The report says, that Givi Dumbadze’s illegal detention and conviction was due to the former Government’s partial interest and carries political reasons.  Givi Dumbadze’s case is among 32 cases listed in the Parliament’s resolution on “the Political Prisoners and Politically Persecuted Persons” of December 5, 2012. The only reason for his detention was his refusal of surveillance and liquidation of his close relative, General Roman Dumbadze. Non of the testimonies, given during his detention or during the court proceedings can be regarded as valid, since there existed real threat of physical elimination of his family members during 2008-2012. Such a position of the organization has been strengthened by information received directly from convicted Givi Dumbaze during the meeting on August 13, 2015. Accordingly, the organization believes, that the case should be reviewed immediately and relevant institutions should make new legal decision based on real evidences and this will be first precedential case related to life-term imprisonment.  

“Young Barristers” appeals to the President, Government and Parliament of Georgia with recommendations. According to the recommendation, the President of Georgia should review existing approaches of presidential pardons and pay more attention to the petitions of the life-term prisoners asking to change the sentence, while making such decisions.  The Government should create systemic approach in terms of revising cases related to life imprisonment, the Department of Investigation Offences Committed in the Course of Proceedings of the Prosecutor’s Office of Georgia should investigate such cases in the timely manner and the Parliament in turn should ensure relevant legislative changes in the Law on Amnesty in order to eliminate gaps in the legislation.

“Young Barristers” appeals to the President of Georgia with special request to thoroughly study the case of Givi Dumbadze and to release him from imprisonment through Presidential Act of Pardon on the ground of analysis of the real and objective evidences existing in the case. The organization believes, that the refusal of Presidential Pardon Commission to consider Givi Dumbadze’s case is not justified, thus it is more important that the President got interested in the case personally and used his exclusive authority of granting pardon to this prisoner.

“Young Barristers” represented its research in the “Center for Civic Engagement” in Batumi. The Dumbadze’s family was attending the presentation.