UNICEF Statement

UNICEF Statement

Tbilisi, 18 July 2006. UNICEF is deeply concerned with the case of 14 year-old Giorgi Zerekidze, who has recently been sentenced to 10 years in prison.

In 1994, Georgia adopted the Convention on the Rights of the Child and thus committed itself to ensure the full implementation of international juvenile justice standards, in particular:
• The Convention on the Rights of the Child (1989);
• United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules, 1985);
• United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines, 1990);
• United Nations Rules for Protection of Juveniles Deprived of their Liberty (1990);
• UN Resolution 1997/30 – Administration of Juvenile Justice: The Vienna Guidelines (1997).   

These international legal instruments comprehensively outline the following rules and standards for the administration of juvenile justice: 

- The age of criminal responsibility should be set bearing in mind the emotional, mental and intellectual maturity of the child. According to the Criminal Code of Georgia, criminal liability starts at the age of 14 for any type of crime. Thus, children who commit a minor crime in Georgia are by law punished and placed in detention settings. This severely affects the psycho-social and emotional development of a juvenile offender, and fails to promote the recovery and social reintegration of a child in conflict with the law.

- The administration of juvenile justice requires specific skills. Despite the fact that Georgian legislation envisages special training for judges dealing with juvenile offenders, it should be noted that neither the Convention on the Rights of the Child, nor other international legal instruments on juvenile justive, have yet to be applied to the Georgian adjudication system. 
 
- Juvenile offenders have the right to  treatment that fully considers their age and needs. Disposition measures should always be adequate not only to the circumstances and gravity of the offense, but also to the circumstances and needs of  the juvenile as well as to the requirements of the society. 

- Deprivation of personal liberty should only be used  as a  last resort and for the shortest possible period of time. Unfortunately, detention in Georgia is used for minor crimes, and not always as a “measure of last resort”. This is a matter of deep concern. 

UNICEF is further concerned about the increasing number of pre-trial detention cases, which stand contrary to the international standards governing juvenile justice. Detention before trial should be avoided to the greatest extent possible, and all efforts should be made to apply alternative measures.

What is most important, according to international legal theory and practice, is that minors who commit an offence are considered  to be victims, and not criminals. Due to their age they need protection, care and  special treatment. This is why international standards of juvenile justice highlight the importance of setting up a comprehensive child-centered juvenile justice process, with juvenile courts and special procedures designed to take into account the specific needs of children.
 
In relation to the adjudication of Giorgi Zerekidze and other juvenile offenders, we  hope that the Georgian authorities will carefully consider all of the above. As already noted, Georgia joined the Convention on the Rights of the Child and thus committed itself to meet international legal standards for the administration of juvenile justice. According to Article 6.2 of the Consititution: “The legislation of Georgia shall correspond with universally recognized norms and principles of international law. International treaties or agreements concluded with and by Georgia, if they do not contradict the Constitution of Georgia, shall take precedence over domestic normative acts.”