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Georgian Young Lawyers’ Association Calls on the Parliament to Refrain from Adopting an Unconstitutional Law

2008-02-27 20:00
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On 29 February, on the plenary session, the Parliament of Georgia will debate draft amendments pertaining to the civil registry legislation initiated by the Legal issues Committee. Under the amendments presented to the Criminal Procedural Code, prosecutor is entitled to suspend a passport of a citizen of Georgia without permission issued by judicial authorities.

GYLA has studied the initiated draft law and addresses the Legal Issues Committee with a negative report. According to the draft law, prosecutor, in violation of fundamental principles envisaged in the Constitution of Georgia and the European Convention, is authorized to suspend a passport of a suspect without permission of a judge ordering measures of restraint (suspect is not wanted). The amendment entitles the prosecutor to restrict citizen’s right to freedom of movement; moreover, the prosecutor, without the decision issued by the judge, applies preventive measures against the citizen (disallowing to leave the country). 

Georgian young Lawyers’ Association maintains that the initiated draft law contradicts the Constitution of Georgia and the European Convention and calls on the Legal issues Committee to recall the initiative. If draft amendments are adopted, GYLA will apply to the Constitutional Court.

Please See GYLA's opinion (In Georgian)