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.