The Criminal-Law Dimension of Political Asylum
For a victim of political persecution present in Georgia, the law on international cooperation in criminal matters forms part of the set of guarantees that protect against transfer to a foreign state. It determines when mutual legal assistance will not be rendered, when extradition is not carried out, and in which cases a request may be refused or postponed — the norms that operate alongside the criminal-law foundations of political asylum. The procedure for granting refugee status is governed by separate regulations; the focus of this page is precisely those criminal-law barriers that make the transfer of a person impossible.
Grounds for Refusing Mutual Legal Assistance
The law contains a complete catalogue of grounds for refusing to execute a foreign state's request. Assistance is not rendered if its execution may harm the sovereignty, security, public order or another essential interest of Georgia; if execution contradicts Georgian legislation; if Georgia regards the offense as a political offense or an offense connected with one; if execution may harm universally recognized rights and fundamental freedoms; if the offense is a military offense not punishable under the criminal law of the requesting state; and if execution may violate the principle of prohibiting a second conviction for the same offense.
Where a request seeks search, seizure or attachment of property, the law imposes additional conditions: the offense must be punishable under both the requesting state's and Georgian legislation, it must be an offense subject to extradition, and the request must comply with the legislation. This means that the defense can challenge even instrumental requests — not only the question of transfer itself — where the foundations are absent.
The Criterion of a Political Offense
Extradition is not carried out if Georgia regards the offense for which transfer is requested as a political offense or an offense connected with a political offense. The criterion is embedded in the law itself: an offense is not regarded as political if, taking into account its purposes, motive, form, methods and other circumstances, the features of the criminal act outweigh the political aspects of its commission. This assessment depends on the facts of the particular case, and it is here that the quality of the defense's work shows: proper documentation of motives, form and methods changes the outcome. At the same time, the law sets limits: an attack on the life of the head of state or a family member, or an attempt thereon, is not regarded as a political offense, nor is any offense in respect of which Georgia has assumed an extradition obligation under international treaties.
Citizenship and the Death Penalty
A separate, categorical barrier concerns citizenship: the extradition of a Georgian citizen to a foreign state is prohibited, except in cases provided for by international treaties. A second categorical barrier concerns the death penalty: extradition is not carried out if the law of the requesting state provides for the death penalty for the offense for which the person's transfer is requested. These two guarantees operate regardless of the facts of the person's case, and the defense should activate them at the earliest stage of the proceedings.
Procedural Guarantees and Temporary Refusal
The law also regulates requests for the temporary transfer of a person in custody to a foreign state for investigative or judicial actions: the Prosecutor's Office refuses such a request if the person does not consent, if the person's presence in Georgia is necessary for ongoing criminal procedures, if the transfer could prolong the person's stay in custody, or if other circumstances exclude the transfer. A temporary refusal is likewise provided for: where rendering assistance would harm or impede criminal proceedings ongoing in Georgia, the Prosecutor's Office temporarily refuses. Upon refusal, the request and accompanying documents are returned to the foreign state with an indication of the reasons for postponement or non-execution, and prior to that Georgia holds consultations to secure partial or conditional execution. In other cases provided for by an international treaty, an individual agreement or the conditions of reciprocity, the Prosecutor's Office may also refuse assistance wholly or partially.
Frequently Asked Questions
Which offense is not considered political?
One where the features of the criminal act outweigh the political aspects of its commission; also an attack on the life of the head of state or a family member, and offenses in respect of which Georgia has assumed an extradition obligation by treaty.
Can a Georgian citizen be extradited?
It is prohibited, except in cases provided for by international treaties.
What if the requesting state provides the death penalty?
Extradition is not carried out where the requesting state's legislation provides for the death penalty for the offense in respect of which transfer is requested.
Can a request be postponed?
Yes — where rendering assistance would harm or impede criminal proceedings ongoing in Georgia, the Prosecutor's Office temporarily refuses and indicates the reasons.
How We Help on Legal.ge
The advocates of Legal.ge work on criminal-law issues arising in the context of political persecution: we substantiate the criteria of a political offense, examine the grounds for refusal, defend the person in transfer procedures and prepare positions for the court instances. Contact us — early and properly structured defense is decisive in a transfer case.