Tbilisi City Court delivered a guilty verdict against defendant G.G. on January 23, 2018. The court convicted the defendant of illegal purchase and possession of drugs and sentenced him to 8 years in prison. On the same day, the Prosecutor's Office of Georgia released a statement about G.G.’s alleged involvement in another offense.

Although the motivation part of the verdict is not available at this stage, the Public Defender considers it necessary to respond to the case.

Unfortunately, the existing repressive drug policy has not yielded results; drug addiction still remains a serious challenge in Georgia and it is necessary to take complex measures in order to combat the problem. The Public Defender of Georgia has underlined the need for changes in the repressive drug policy and practice in a number of statements and reports. At this stage, the Constitutional Court of Georgia is considering Public Defender’s complaints concerning the unconstitutionality of the current drug-test model and application of the measure of detention against drug users. We hope that the Constitutional Court will announce its decision in the nearest future as it has already considered both cases on the merits.

The case of G.G. demonstrates the strict and repressive drug regulations in the Criminal Code of Georgia particularly problematically in terms of human rights. Punishment for the possession of 0,3726 g of substance without the purpose of its sale with imprisonment, the minimum limit of which is 8 years, is too strict and disproportionate. The Constitutional Court of Georgia has repeatedly stated that imprisonment of a person for the purpose of preventing him/her from damaging his/her own health, is unacceptable and unjustified.[1] Imprisonment of a person when there is no risk of damaging others' health or drug trafficking is obviously a brutal and inadequate punishment.[2]

The Public Defender of Georgia calls on the Parliament of Georgia and its individual members to prioritize the issue and ensure review and adoption of the bill, drafted by the National Platform for Drugs Policy, as soon as possible. Together with decriminalization of certain actions and making changes in the policy, it is important and necessary to develop medical services, which requires time and therefore, it is necessary to take preparatory efforts as soon as possible.

The Public Defender has always been emphasizing the fact that it is necessary the country to pursue humane drug policy and direct its resources at the rehabilitation and treatment rather than at punitive measures. Drug use is a matter of public health and therefore, not only criminal mechanisms should be used for fighting against it.