26.09.2007 - Source: Amnesty International

Complete abolition of the death penalty ("Commonwealth of Independent States: Belarus - the sole executioner [EUR 04/002/2007]") [ID 21230]

"On 27 December 2006 in Georgia President Mikheil Saakashvili signed a constitutional amendment regarding the complete abolition of the death penalty. Georgia had already abolished the death penalty in 1997 but the Constitution still stated that “"until its complete abolition the death penalty can be envisaged by organic law for especially serious crimes against life. Only the Supreme Court has the right to impose this punishment”". This reservation has now been deleted and replaced with the wording “"The death sentence has been abolished”". "

Document(s): Open document

04.10.2004 - Source: Amnesty International

Report focused on the death penalty (trend towards abolition, current status of death penalty in former Soviet space) ("Belarus and Uzbekistan: the last executioners. The trend towards abolition in the former Soviet space") [#26026], [ID 4853]

Document(s): Open document

25.08.2003 - Source: Transitions Online

25.08.2003 - TOL: President of Georgia Regrets Abolition of Death Penalty ("25.08.2003 - TOL: President of Georgia Regrets Abolition of Death Penalty") [ID 4854]

"Apparently alarmed at deteriorating law and order in Georgia, the country’s president has publicly expressed his regret at being forced into abolishing the death penalty.

"If it were not for problems with the Council of Europe (CoE), Georgia would not have abolished the death penalty," Eduard Shevardnadze said in a meeting with his government on 20 August.

Many experts believe the president's declaration gives the go-ahead to conservative forces in the interior ministry who have long complained about the country’s supposedly liberal laws.

Interior Minister Koba Narchemashvili emerged from the cabinet session to announce that he is working on hardening the criminal code.

The president's statement follows reports by law-enforcement agencies that there has been a sharp rise in crime in the past few months. Conditions are particularly serious in the northwestern region of Svanetia, a mountainous area that borders territory controlled since 1992 by the secessionist Abkhazian government, and in the Kodori Gorge, which straddles the Abkhazian border. The Kodori Gorge, an area with no police, no court, and no effective rule, has long been a flashpoint and has gained a reputation for criminality. It leapt to international prominence this spring when several UN observers were kidnapped.

There are also alarming reports about the influence of criminal authorities over business, governance, and media sectors. The president's declaration followed the detention of a high-level official in a law-enforcement agency who had been implicated in the abduction of a 15-year-old.

"The death penalty has been abolished, and these people fear nothing," Shevardnadze said, adding that in many cases criminals in custody live better than ordinary people in the country."

Document(s): 25.08.2003 - TOL: President of Georgia Regrets Abolition of Death Penalty

09.2002 - Source: Organization for Security and Cooperation in Europe

Death penalty has been abolished (except for Abkhazia and South Ossetia) ("The death penalty in the OSCE area") [#11997], [ID 4855]

"Georgia:

Legal Framework:

Status:
Abolitionist (except for Abkhazia and South Ossetia)
Scope:
The death penalty has been abolished for crimes committed in peacetime and in wartime. However, the Constitution of Georgia still contains a provision that states that capital punishment may be envisaged for extremely serious crimes directed against a person‘s life The provision is essentially an anachronism because the death penalty is not provided for in national legislation and Georgia is party to international instruments which prohibit the use of the death penalty.
Whilst the death penalty has been abolished in Georgia, it is still retained in the internationally unrecognized separatist regions of Abkhazia and South Ossetia.

Abkhazia:

Legal Framework

Status:
De facto abolitionist
Scope:
The death penalty is legal punishment for crimes in peacetime and in wartime. The de facto Criminal Code in force in Abkhazia is the C Code of the former Soviet Socialist Republic of Georgia of 1961 with a number of changes and amendments. It provides that the death penalty is admitted as an exceptional measure of punishment until it is repealed in full. It envisages the death penalty for nine peacetime crimes. These are betrayal of motherland, espionage, act of terrorism, act of terrorism against a representative of a foreign state, subversive activity, banditry and actions to disorganize the functioning of penitentiary institutions, intentional homicide committed under aggravating circumstances and rape The death penalty is also envisaged for at least 15 military crimes committed in wartime, imminent threat of war or during operations
Moratorium:
A moratorium on executions is in place. The de facto Abkhaz authorities declared a moratorium in 1993.
Method of execution:
Shooting

Number of death sentences passed:
According to unofficial statistics 18 people have been sentenced to death since 1993 when Abkhazia declared its independence. The number of death sentences passed in recent years has decreased. It is reported that an average of one death sentence is passed each year. There are currently 13 persons on death row.
Number of executions:
None.

International Standards

Juvenile Offenders:
Persons who were below the age of 18 at the time when the crime was committed cannot be sentenced to death
Pregnant women:

Women who were pregnant at the time when the crime was committed or at the time when the sentence is pronounced cannot be sentenced to death

Clemency/Pardon:
In a number of cases, persons sentenced to the death penalty have reportedly been fully pardoned or had their death sentences commuted.

South Ossetia:

Legal Framework

Status:
De facto abolitionist
Scope:
The death penalty 5 a legal punishment for crimes in peacetime and in wartime. The de facto Criminal Code in force in South Ossetia is the Criminal Code of the Russian Federation of 1996, which envisages the death penalty for five crimes These are premeditated murder with aggravating circumstances, assassination attempt against a state or public figure, assassination attempt against a person administering justice or conducting a preliminary investigation, assassination attempt against a law enforcement officer and genocide
Moratorium:
There has been an unofficial de facto moratorium on executions in place since 1996 following the example of the Russian Federation.
Method of execution:
Shooting


Number of death sentences passed:
None.
Number of executions:
None.

International Standards

Juvenile Offenders:
Persons who were below the age of 18 at the time that the crime was committed cannot be sentenced to death

Pregnant women:
Women cannot be sentenced to death

Clemency/Pardon:
The Criminal Code gives the de facto President authority to grant clemency on the basis of an appeal from the sentenced person The death penalty can be replaced by an act of clemency with Iife imprisonment or deprivation of tiberty for 25 years."

Document(s): Open document