Amicus Curiae

Amicus Curiae Brief on Extradition Detention

On September 26, 2017, the Public Defender of Georgia appealed to Tbilisi City Court to establish the necessity and proportionality of the application of extradition detention against defendant I.S., make a relevant decision in accordance with domestic and international standards and properly justify the decision.

It has been established as a result of studying the documentation that on July 3, 2017, Batumi District Prosecutor's Office appealed to Batumi City Court with a motion to apply the measure of extradition detention against Ukrainian citizen I.S. On July 3, 2017, Batumi City Court granted the motion, but on July 14, 2017, Kutaisi Court of Appeal declared it inadmissible. The Public Defender of Georgia filed amicus curiae brief with Tbilisi City Court, which concerned the extension of the term of extradition on September 30.

The Public Defender of Georgia noted in the amicus curiae brief that in case of applying any type of detention (either for internal investigation or extradition purposes), the state is obliged to prove why it is necessary. Prior to ordering detention, the court should consider alternative, less restrictive procedural measures. At the same time, in case of a female defendant, both during internal and extradition detention, the court should take into account the personality and family status of the defendant - whether she has a child, whether she is the main caregiver and how her detention would affect her child's true interests.

The Criminal Procedure Code clearly stipulates that the decision on application of the measure of detention must be substantiated. The same is established by international standards. According to the recommendation of the Committee of Ministers of the Council of Europe of 2012, Member States are required to respect the human rights of foreign prisoners and consider their individual needs and situation. Foreign defendants should have the right to be subjected to the same non-custodial measures that applies to other defendants. Foreign defendants should not be in custody due to their status, but only if it is a strict necessity as an extreme measure, like in case of other defendants.

Tbilisi City Court granted the motion on the extension of the extradition detention.

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