On November 3rd, 2007, the non-governmental organization “Constitution Article 42” brought suit to the Constitutional Court regarding the Article 11, paragraphs “a”, and “c” of the “Law on Introduction the Amendments to the Georgian Criminal Procedural Code,” claiming that these provisions are unconstitutional. Based on that Article, amendments were introduced to the Criminal Procedural Code, Article 243, Paragraph 10, which impose limitations on appeals of decisions of a court of first instance.
Based on the amendments the possibility to appeal against the verdict of the first instance court has been restricted.
According to the Article 42, paragraph 1 of the Georgian Constitution the right to apply to the court implies passing through a number of procedures after an appeal has been written to the court. The procedures were fixed before imposing arguable norms, which included discussion of the appeal after its submission, and then the appropriate legal and substantial decision is handed down.
After these amendments, the Investigation Board of the Appeal Court rarely discusses the appeals of defendants. These amendments, the “Constitution Article 42”claims, in fact abolish the right on appealing against detention. Consequently, the decision of the court of the first instance will be final and preliminary imprisonment must be accepted.
With its appeal “Constitution Article 42” demands to maintain the norms according to Paragraph 1, Article 42 of the Georgian Constitution and upheld without these later amendments.
Source: "Constitution Article 42nd"