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Proposal to Secretary of High Council of Justice and Chairman of Supreme Court

On October 26, 2015, the Public Defender addressed the Secretary of the High Council of Justice and the Chairmanof the Supreme Court with a proposal to launch disciplinary proceedings against a Tbilisi City Court judge with regard to the violation of the principle of prohibition of ex post facto laws against convict G.G.

By the judgment of the Baku City Court made on 7 July 1998, Georgian citizen G.G. was sentenced to life imprisonment for the offence (premeditated murder under aggravating circumstances) committed on 28-29 January 1997.

On 23 December 2010, on the basis of the Council of Europe Convention on the Transfer of Sentenced Persons adopted on 21 February 1983, the Tbilisi City Court made a decision to transfer G.G. from Azerbaijan to Georgia for serving his sentence in his country. In the same decision the Tbilisi City Court brought the Baku City Court judgment into compliance with the articles of the Criminal Code of Georgia and ordered again life imprisonment for G.G.

The Public Defender indicates that the Criminal Code of Georgia did not consider life imprisonment for premeditated murder under aggravating circumstances at a time when the crime was committed. The Tbilisi City Court judge absolutely neglected the penalty that was defined by law at a time when the crime was committed and sentenced G.G. to life imprisonment, violating the principle of prohibition of ex post facto laws.

The supreme law of Georgia and other legislative acts, as well as international acts, clearly and unequivocally refer to the imperative nature of the prohibition of ex post facto laws. Accordingly, the Public Defender considers that judge N.Kh. failed to properly fulfill his duty and violated the Law on Disciplinary Proceedings and Disciplinary Responsibilities of Judges of Common Courts of Georgia.

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