Human Rights Center is waiting for the decision of the Constitutional Court of Georgia
October 1, 2018
Constitutional Court of Georgia discussed the constitutional lawsuit of Kh. K prepared by the Human Rights Center.
HRC submitted the lawsuit to the Constitutional Court on May 30, 2017. The lawsuit claims to declare the words of the Article 56 Part 5 of the Criminal Procedural Code of Georgia unconstitutional.
The Article 56 of the Criminal Procedure Code of Georgia regulates recognition of a person as a victim, the rights and responsibilities of the victim and the rules of granting the victim status. The Part 5 of the Article regulates recognition of a person as a victim based on the individual initiative of the prosecutor or based on the application of the person. At the same time, it defines that refusal of the prosecutor on granting the victim status to the person may be appealed only with the superior prosecutor and not in the court except when a particularly serious offence. The person in question may appeal the decision of the prosecutor to a district (city) court according to the place of investigation.
In its lawsuit the HRC claims to declare the following words in the Part 5 of the Article 56 as unconstitutional: “The decision of a superior prosecutor shall be final and may not be appealed, except when a particularly serious offence has been committed.”
HRC believes the abovementioned provision is in conflict with the Articles 14 and 42 of the Constitution of Georgia, as the Article 14 of the Constitution prohibits discrimination and the Article 42 Part 1 determines the right to fair trial.
After the HRC submitted the constitutional lawsuit to the Constitutional Court of Georgia, three citizens also appealed the abovementioned norm in the Constitutional Court and finally the Court unified all lawsuits and the Judges discussed them together on September 20. The claimants are waiting for the court ruling.
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