Defense in extradition proceedings is built on the search for and substantiation of the statutory grounds for refusal: the Law of Georgia on International Cooperation in the Criminal Law Field precisely regulates which crimes are subject to surrender, in which cases extradition is prohibited, and how the questions of arrest and of the decision are resolved. This page explains these rules so that a person and his or her advocate know on which grounds a refusal of extradition can be obtained.
Which Crimes Are Subject to Extradition
Unless an international treaty or an individual agreement provides otherwise, a person is extradited to a foreign state for the commission of crimes punishable both under Georgian and under the respective foreign legislation by deprivation of liberty for at least one year or by a more severe penalty. In the case of a convicted person, it is also necessary that at least four months of deprivation of liberty remain unserved. Where the request concerns several crimes, some of which do not meet the requirement as to the measure of punishment but are punishable by deprivation of liberty or by a fine, extradition is still possible; the same rule applies to extradition into Georgia.
Political and Military Offenses, the Surrender of a Citizen
Extradition is not carried out where Georgia regards the crime for which the person's surrender is requested as a political offense or an offense connected with a political offense. An attack on the life of the head of state or of a member of his or her family, or an attempt thereon, is not regarded as a political offense, nor is any crime for which Georgia has assumed an extradition obligation under international treaties. Nor is extradition carried out where the crime is a military offense.
The extradition of a citizen of Georgia to a foreign state is impermissible, save for the cases provided for by international treaties. The rule on the death penalty is likewise a bar: extradition is not carried out where the legislation of the requesting state provides for the death penalty for the crime for which the person's surrender is requested.
Judgment in Absentia, Limitation and Repeated Prosecution
A person is not extradited where a guilty verdict was rendered in absentia in the requesting state and the person was not duly informed of the court sitting, or the accused was not guaranteed the minimal rights of defense. Even here there is an exception: extradition is possible where the competent bodies of the requesting state present a guarantee of a fresh consideration of the case in which the extradited person will be guaranteed the right of defense.
Extradition is not carried out for a crime for which, under the Criminal Code of Georgia, the limitation period has expired. Nor is it carried out where, with respect to the same crime, a judgment of a Georgian court exists or the Georgian authorities have taken a final decision to terminate the prosecution — this is the principle of the prohibition of repeated prosecution.
Other Excluding Circumstances
The law also prohibits extradition where there are substantial grounds for believing that the person's surrender is requested for the purpose of prosecuting or punishing him or her because of race, nationality, ethnic origin, religion or political opinions; where, in view of the person's minority, state of health or personal characteristics, extradition is manifestly incompatible with the basic standards of humane treatment; where there are substantial grounds for believing in a risk of torture or cruel, inhuman or degrading treatment in the requesting state; or where extradition contradicts the sovereignty, security or fundamental interests of Georgia.
Arrest and the Appeal of the Decision
The arrest on the territory of Georgia of a person subject to extradition is possible where an extradition request, a request for temporary arrest has been submitted, or the person is sought at the international level. Immediately upon the arrest, the respective prosecutor is notified, who within 48 hours of the arrest applies to the magistrate judge with a motion for the application of a measure of restraint.
An extradition request is examined by the Ministry of Justice or the Prosecutor's Office of Georgia, which verify the compliance of the documentation and, where necessary, request additional information. Where a circumstance exists that clearly excludes extradition, the Minister of Justice issues an order refusing to satisfy the extradition; otherwise the case takes the judicial route, and the procedure for appealing the decision is likewise established by law.
Frequently Asked Questions
Which crimes are extraditable?
Those punishable in both states by at least one year of deprivation of liberty; for a convicted person, at least four months must remain unserved.
Can a Georgian citizen be surrendered?
No, save for the cases provided for by international treaties.
What happens with a judgment in absentia?
Extradition is refused where the person was not informed of the sitting or lacked defense rights — unless the requesting state guarantees a retrial.
Within what time does the prosecutor apply to the judge?
Within 48 hours of the arrest, with a motion for a measure of restraint.
How We Help on Legal.ge
The advocates of Legal.ge work on extradition cases across the entire list of excluding grounds: we analyse the request documentation, determine the limitation and repeated-prosecution questions, substantiate the risks concerning political offense, discriminatory purpose or the standards of humane treatment, and represent you in every instance. Contact us for a consultation — time is critical here, and an early reaction determines the position.