Amicus Curiae

Public Defender Files Amicus Curiae Brief with Tbilisi City Court

On February 6, 2018, Tbilisi City Court will consider the motion of the Prosecutor’s Office concerning the extradition of Turkish citizen Mustafa Emre Çabuk to the Republic of Turkey. On February 5, 2018, the Public Defender of Georgia filed an amicus curiae brief with Tbilisi City Court in the case of Mustafa Emre Çabuk. The Public Defender noted that extradition of Mustafa Emre Çabuk to the Republic of Turkey contradicts the norms of international law and national legislation.

• Criminal prosecution on alleged political grounds

The analysis of the factual circumstances of the case shows that the charge against Mustafa Emre Çabuk is vague and based on unforeseeable norms. The reports of the international organizations and authoritative NGOs indicate that, as a rule, political activists are persecuted under similar charges in order to deprive them of freedom of speech and expression.

• The risk of violation of the right to a fair trial

In case of extradition, there will be a high probability of the violation of the right to a fair trial. As a result of the amendments made to the legislation, defendants are deprived of the right to confidential access to a lawyer and many other important safeguards.

• The risk of torture and ill-treatment

The danger of torture and inhuman treatment is alarmingly high in the prisons of the Republic of Turkey. Despite systematic cases of torture, they are not investigated and victims often disappear.

• The risk of the diplomatic assurances being shared

The Public Defender of Georgia says in the amicus curiae brief that the diplomatic assurances submitted by the Turkish state in the case of Mustafa Emre Çabuk should not be shared, as they do not meet the legal requirements of the international legal acts. It is noteworthy that EU member states unanimously refuse to transfer persons under the similar charges as Mustafa Emre Çabuk to the Turkish Republic, while the courts of the same countries do not trust the diplomatic assurances submitted by the Government of Turkey.

The Public Defender hopes that the City Court will take into account the European Convention on Human Rights, the European Convention on Extradition, the Law of Georgia on International Cooperation in Criminal Matters and imperative regulations of other legal acts, and will make a proper decision.

5.02.18


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