Pardoning of Juvenile Prisoners and Programs for Socialization

Natia Gogolashvili

Human Rights Center addressed the Parliament of Georgia with a request to pardon Rafik Arutinian and Lasha Shengelia. Both, Arutinian and Shengelia were sentenced as juveniles.

On December 11, 2014, the Tbilisi City Court based on paragraphs B and D, section 3 of the Criminal Code of Georgia, recognized a convict Rafik Arutinian, guilty.  The sentence term was 2 year and six months of imprisonment. The convict was a juvenile when he committed a crime. On December 16, 2014, the convict was placed in the juvenile facility N11.

By the order of the President, issued on March 6 2015, the remaining sentence of Rafik Arutinian was halved. On May 5 2015, after he reached adulthood, the convict was transferred to the prison n15, where he is now. 

According to the deputy executive director of Human Rights Center, Tamar Avaliani, on July 3 the organization addressed the pardoning commission about Arutinian’s case and requested to release him from prison: “Arutinian fully meets the criteria of the pardoning commission. He has already served more than half of his sentence. We have addressed the pardoning commission and we will wait for the decision of the President. It is notable, that Arutinian has been already pardoned once. His sentence was halved.”

Rafik Arutinian is characterized positively. His musical talent has to be separately outlined. To evaluate the talent of Rafik Arutinian, humanrights.ge contacted a member of band “Street Musicians” Khvicha Maghlakelidze, who visited prison N11 together with the band.

“When the child started to play on Panduri, we were shocked. Then he played on my guitar and sang. Actually, we did not perform, because this child was leading the concert. He is good musician; he is a self-educated true virtuoso. Also he has an established repertoire,”- said Kvhisha Maghlakelidze. 

According to the executive director of Human Rights Center Aleko Tskitishvili, life history of Rafik Arutinian shows us how non effective are the state programs for socialization and crime prevention. 

“Rafik Arutinian was convicted before. He has a sick father, who needs expensive medication. Rafik did everything to get money for his father’s medication by lawful way. He used to post ads on streets and offered citizens to teach how to play on guitar in exchange of payment. But he could not get enough money. Therefore, when the condition of his father got worse, he decided to gain money through illegal ways. He was aware what consequences his action would have, but he could not find other solution. We can sharply see from this story the typical problems of our country like: unemployment, ineffective medical and social allowance, ineffective crime prevention programs etc,”_ said Aleko tskitishvili. 

According to Khvicha Maghlakelidze, he promised Rafik Arutinian to help: “If we have any resources to make him known for people, I will do everything. I will try to make him appear on TV and radio. I will record him for free, to promote his self-realization. In addition, I will support him to develop pedagogical skills. I will teach him how to teach other children in future.”

A head of the Rehabilitation and Re-Socialization Department for Former Prisoners at the Crime Prevention Center Nino Biseishvili said that Rafik Arutinian expressed his wish to participate in the rehabilitation program: “Rafik Arutinian will be released from the juvenile prison N11 in January 2016. Social workers of the program have met Rafik within planned informational meetings conducted in the facility. We will contact Rafik Arutinian after he is released, however in December 2015, social workers of the center will meet him again during the planned informational meetings.”

Human Rights Center addressed the commission with the request to release another prisoner Lasha Shengelia: “We addressed the local council on May 18 and requested to timely satisfy it as soon as the prisoner Shengelia’s documents would have been submitted. Factually, the convict has served a half of his sentence. Although he is an adult now, but as long as the crime was committed when he was a juvenile, the council is reviewing his case as a crime committed by a juvenile,”- said Tamar Avaliani. 

“The studies have confirmed that most of them do not continue “criminal career” and no longer commit illegal actions in ages 19-21. That is why it is so important to timely intervene in ages 14-21, because effective value of properly planned intervention in this age is very high. For this purpose, a social worker-psychologist works individually with former juvenile prisoners who are involved in our rehabilitation and re-socialization program. We offer them individual plan of development, trainings, sports, educational activities. Juvenile probationers and former prisoners are actively involved in the project of “Tattoo Removal”.,- said Nino Biseishvili. 

According to the head of the Rehabilitation and Re-Socialization Department for Former Prisoners at the Crime Prevention Center, to participate in re-socialization program, in addition to the desire of a juvenile, a consent of a parent is also necessary, which sometimes causes problems. 

“Social workers of our program make monthly visits to convicts in penitentiary facilities, 1-3 months before their release. We have meetings with convicts of juvenile prison N11 as well. Within these meetings, social workers meet individually with each juvenile and introduce them objectives of the program and those services that the center provides for beneficiaries. Juveniles express their readiness and desire to be involved in the program; however consent of their parents/legal representatives is necessary in order to participate, which sometimes causes problems. This might be because of a low motivation from parents, distrust, lack of information, indifference, inadequate understanding of the existing situation. Sometimes parents with their distrust and indifference, change the attitude of the released juveniles, which makes it difficult and sometimes even impossible to increase their motivation and involve in the program,”- said Nino Biseishvili. 

Human rights Center continues the monitoring of women and juvenile penitentiary facilities. Juvenile crime prevention is one of the most important challenges of the state. It is quite frequent when a juvenile ends up in prison for second or third time. Accordingly, the state has to develop more effective programs for re-socialization and crime prevention.