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Mercy Commission Is Waiting for President’s Permission

November 12, 2009

Ana Sheshaberidze

The resolution of the president of Georgia on Mercy Commission states that the Commission shall gather twice a year and provide the president with the list of prisoners who can be pardoned.

According to the resolution, if the chairperson of the Mercy Commission thinks they have received many applications for pardoning, s/he can petition to the president to call special meeting of the Commission. The latter can call special meetings under permission of the president only.

In 2008 the Mercy Commission had five sessions; and in 2009 only two. Thus the requirement of the resolution on the commission is complied. However, chairperson of the Commission Elene Tevdoradze thinks one more meeting should be held because many prisoners have applied to them. She has sent official petition to the president and requested him to allow the commission to gather in November but Saakashvili has not replied yet.

Tevdoradze thinks the delay in reply is caused by the planned amnesty for November 23 (anniversary of the Rose Revolution) and importance of the pardon process for prisoners has been faded.

Apparently, officials in the government think release of many prisoners will worsen criminal situation in the country. However, only prisoners convicted for drug-addiction will be released under amnesty. Prisoners convicted for other crimes, who appealed to the government for pardoning, are waiting for the president’s decision.

Chairperson of the Former Political Prisoners for Human Rights Nana Kakabadze said the pardoning is the only mechanism which can correct mistakes committed by the court. Besides that, there are many inmates in custodies and the government should resolve this problem.

“It is president’s right to pardon prisoners and he can use this right or not. Pardoning is necessary in our country in order to correct mistakes made by judiciary system. This source shall be used by all means so that principle of justice was not breached. Amnesty cannot hinder the work of Mercy Commission,” said Nana Kakabadze.

Elene Tevdoradze said the commission works in compliance with the resolution and is waiting for the president’s permission. Without session they cannot submit list of prisoners to the president.

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