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Twelve-year-old “Offenders” will become “Hardcore”

February 25, 2008

Shorena Kakabadze, Kutaisi

The proposed amendments and additions introduced into Georgian Criminal Code on May 23 2007 reduce the minimal threshold age for juveniles from 14 to 12 years old for criminal accountability.  Consequently, the amendments were introduced to the Georgian Criminal Procedural Code and Georgian Law on Imprisonment. The changes and additions will be enforced starting July 1 2008.

“Georgia has go against both International and European standards by lowering the age from 14 to 12. States should consider increasing the age of criminal liability age and not lowering it,” stated Holly Cartner, Executive Director Europe and Central Asia division of the Human Rights Watch.

On February 9 2007 UN Committee on the Rights of Child, which monitored implementation of the convention of the Rights of the Child by states, defined that states should not lower the liability age of accountability to 12 years. Moreover, the committee suggested that the membership should gradually increase the age of criminal liability.

Despite the attitude of the international community in this direction, Georgian legislators have made a firm decision.  They think that a 12-year-old child is grown-up enough to be responsible for such a grave crime like premeditated murder, premeditated injury, rape, robbery, or the carrying of firearms, among a list of serious crimes.

“Amendments to the Georgian Criminal Code were motivated by the fact that the state has drawn its attention to juveniles and by the necessity to reinforce legal sources to fight against the juvenile crime,” explained Georgian legislators. Their attitude is disregarded by ordinary Georgian citizens and people who work in the field. “It is absolutely incomprehensible why the legislative body has raised such a question in the first place. What does “the necessity to reinforce state sources” mean? I wonder what statistics the author of the draft law had access to when considering in regard to the age of juveniles of the ages, and not increasing it  from 12 to 14. Our government should rather consider the situation better before making the final decision. They should have considered whether the general interests of the child is harmed or not; this factor is essential for a healthy and normal society. If the avoidance of crimes being committed by juveniles is really one of the priorities of the state, then the law should not be presented in such a way,” said Ana Chafidze, lawyer for the non-governmental organization “XXI Century”. She thinks that Georgian government has lowered the liability age without any reasonable grounds and it is counterproductive.


Lawyers are now discussing about the absence of a modern standard of juvenile justice and efficient ways to prevent crimes by this age group.  “Juvenile justice does not exist in Georgia. Thus, juveniles should not be punished, but their crime should be prevented. Corresponding activities must be implemented at schools, at various organizations, etc. Special law should be adopted to deal with street children. That means children should not be punished. They must be integrated into society. I think if we judge children publicly it will make them into hardcore criminals,” said Giorgi Chikaberidze, lawyer for the Kutaisi branch of the Georgian Young Lawyers Association.

Manana Managadze, chairperson of the Monitoring Council of the Kutaisi Penitentiary Establishment # 2 condemns the lowering of the liability age for juveniles. She thinks that is not the proper way out of the deadlock. She says that the number of crime will not be reduced among juveniles using such a method. There is a great risk to see juveniles of this age as being condemned. Nobody should expect that it will be a positive step forward in Georgian legislation. It will be just the opposite.  It is a risk and we should not readily accept it. Both government and the law should be oriented towards humanism. I have a unilateral attitude towards the topic-the minimum liability age should not be lowered, and we must actually increase it.  Many states have rehabilitation programs, preventive centers which are ideal ways for the rehabilitation of juveniles. We should rather consider similar activities in our system of justice. If juveniles are charged for crimes they will immediately be discriminated against later in their lives.”

Samtredia District Special School of the Ministry of Education, which is the only one throughout Georgia, has 25 charges at the moment. Giorgi Meishvili, the director of the school, does not appreciate the lowering of the age of criminal liability. “Today, when our government claims to be human and implements various reforms in the field, I think similar changes in the juvenile liability should not be allowed.

The institute of social workers has been very successful in Georgia, and can be successful in reintegrating juveniles with their families and communities. It would be good if our school did not exist and it was not necessary to keep children isolated from the rest of society. Not to mention passing judgment on twelve-year-old children,” said Giorgi Meishvili.

While experts and society at large has a negative attitude towards the age of juvenile liability, the government still intends to build penitentiary establishments especially for juveniles. The construction will supposedly start in spring and it will be to European standards.

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