Dear Sir,
On November 26, 1996, Parliament of Georgia debated a bill on changes and additions to the Criminal Code of Georgia. The main object of the bill is to bring the Criminal Code of Georgia into correspondence with the Constitution of Georgia.
We welcome all the steps towards harmonizing the Criminal Code of Georgia with the Constitution of Georgia as well as abolition of capital punishment. Unfortunately, we should note our concern caused by the bill submitted to the Parliament on Nov. 26, 1996. We are disappointed by the content of the bill, framework of discussion and its results.
Presently, the campaign on abolition of capital punishment conducted in Georgia has become international; many non-governmental organizations and famous Georgian and foreign figures have joined our action. Mass media regularly discusses this question and, according to the opinion polls, Georgians continually favour the abolition of capital punishment. In the light of these events, it is particularly disappointing that a bill, implying only half-measures, is brought up for discussion in Parliament of Georgia. Surprisingly, half-ready as it was, the bill did not even get majority of votes.
The bill, submitted at the session of November 26 1996, will create many difficulties when putting it into practice. Its artificial nature is evident from the divergent approach it exercises towards crimes subject to death penalty by current Criminal Code. For example, it abolishes capital punishment only for the charges of high treason (article 65), espionage (article 66), rape (article 117) and causing disorganisation in the work of the institutions for imprisonment (the third part of article 78). Each of these crimes may cause death of a person or several people. How should we behave in such a case? How should we decide which of these crimes are to be subject to death, if each of them has violated human life? If this bill is made a law, two crimes, both causing death, may be punished by different sentences one by death penalty and the other not. One of the MPs spoke about this discrepancy, but the parliament paid him no attention. The authors of the bill see this discrepancy as well, and they are making some additions in articles 69 (sabotage), 78 (Banditism), and 209 (attempt upon a policeman's life), which imply capital punishment. The above-mentioned bill contains other discrepancies in connection with articles 66' and 69 as well. Thus, the bill expected to make drastic changes, may produce only cosmetic modification. There is only one solution: to abolish death penalty fully and create another capital punishment. We can discuss various alternatives from 25-30 years of imprisonment to imprisonment for life. Once the alternative punishments are implemented, we can differentiate among the degrees of criminal responsibility and corresponding measures of punishment.
We are especially shocked that the Parliament rejected the bill submitted on November 26 not because of its fraud content but because of a sanction to replace the death penalty by the long-term imprisonment. Thus, according to the position of Georgian MPs, it is obvious, that at present Georgian Parliament is not ready to make a decision about abolition of death penalty. Many MPs were confirming, that death penalty should be abolished by all means in future, but for the present Georgia is not ready for it.
Within the framework of our campaign we addresses all the complexities involved with abolition of capital punishment. We should not only re-adjust the legislature, but also carry out scientific-research, information-propagandistic and other work. We have worked out a particular program, which stipulates conducting of a sociological research of this question. Our project proposes alternative forms of compensation to the families of victims and alternatives to capital punishment. It also implies carrying out preventive measures, creating a monitoring group, etc.
We are taking into account all those difficulties the state may come across if death penalty is abolished. Our program is directed to harmless overcoming these difficulties. We offer you to create a state commission, which will consist of MPs, jurists and other specialists. This commission should work out all the nuances connected with abolition of capital punishment as soon as possible. Our organization, as well as other organizations involved in the campaign on abolition of capital punishment, is ready to co-operate with this commission. We are sure, that Georgia is ready to abolish capital punishment in the near future and the proposal of Nov. 26 1996 is inadequate.
We hope, that the Georgian authority will graciously consider our constructive proposal into account and take a decisive steps towards resolving the controversy around capital punishment.
Respectfully,
"Former Political Prisoners for Human Rights" Non-governmental organization