Public Defender on Pardoning Certain Individuals by President

The Public Defender of Georgia, Nino Lomjaria, has joined the public criticism regarding the pardoning of certain individuals by the President of Georgia Salome Zurabishvili, releasing the statement and calling on to her to ensure maximum transparency and public involvement while using the pardon power.

“The Georgian President pardoned 35 people on August 28, including the persons convicted of murdering police officer Tarash Mukbanian in 2014 and those convicted of killing Davit Otkhmezuri in 2004. The above caused the fair outrage in the society.

The Public Defender explains that the discretionary nature of the pardon power does not imply its use without any justification. Pardoning should be aimed at achieving a specific task – be it in light of state, political, judicial, or special individual circumstances. In each case, the use of such an exceptional power must be as perceptible and understandable as possible for the public.

The Public Defender of Georgia reminds everyone that the power of pardon is closely linked to the procedural obligation to protect the right to life. According to the case-law of the European Court of Human Rights, the right to life is violated if state authorities show unreasonable tolerance towards the persons convicted of murder, which leads to their actual impunity.

Thus, in view of the commitment of the state to protect the right to life, the Public Defender of Georgia considers that the President of Georgia should satisfy a growing public interest and provide the public with further information on the reasonableness and arguments of her decisions," reads the statement.

In addition, the Public Defender of Georgia hopes that the President of Georgia will ensure that the Pardon Commission is staffed with persons enjoying high public legitimacy in the shortest time, conduct the pardon procedure as transparently as possible and consider the public consensus when making decisions.

Georgia’s President Salome Zurabishvili pardoned Aslan Bezhanidze, a person convicted for the murder of Davit Otkhmezuri committed in 2004. He was detained in 2016. He was wanted for 12 years. The Supreme Court found Bezhanidze guilty and imposed imprisonment with a term of 6 years and 9 months.

Bezhanidze was released from the penitentiary facility on August 28, Virgin Mary Day. President pardoned 34 prisoners in connection with Virgin Mary Day including a convict charged for the murder of a police officer.

Related Story: President Zurabishvili Pardons 34 Convicts for St. Mary's Day

By Ana Dumbadze