Public Defender: President violated his right to life by pardoning those convicted of premeditated murder without serving a substantial part of a sentence

The Public Defender considers that the President of Georgia violated the right to life by pardoning those convicted of premeditated murder without serving a substantial part of their sentences. This is stated in the report of the Public Defender of Georgia on the Situation of Protection of Human Rights and Freedoms in Georgia in 2019.

The Public Defender considers that the President's decision was followed by a fair protest of the public.

“On December 27, 2019, the President of Georgia pardoned 34 people. The pardoned convicts included those who had been serving sentences for premeditated murder. The President's decision was followed by a fair public outcry.

The Public Defender of Georgia called on the President to provide the public with detailed information on the motive for the pardon, but no relevant justification has been provided so far. Although the President enjoys absolute discretion in the decision to grant pardon under the Constitution of Georgia, it is noteworthy that this process is closely linked to the procedural aspect of the right to life guaranteed by the European Convention on Human Rights and Fundamental Freedoms. According to the European Court, the right to life is considered to be violated, if the state authorities show unreasonable leniency towards those convicted of murder, which is reflected in their actual impunity. Given that the aforementioned persons were released without serving a substantial part of their sentences, the right to life was violated,” reads the Public Defender's report.