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principle of prohibition of
repeated punishment of a
person for one and the same
crime, enshrined in article
42 of the Constitution of
Georgia - "No one shall be
convicted twice for the same
offense."
On the basis of some high
ranking disputed political cases
there has been already for years
so called strained relations
between the Constitutional Court
and other government branches
particular the Ministry of
Justice and Parliament. However
it might be said that this
situation gave some advantages
to the plaintiffs.
In the drug policy field the
Constitutional Court had already
delivered the judgment in favor
of the plaintiff. For example On
October 24, 2015 in the case of
Beka Tsikarishvili v. Parliament
(application 592) the
Constitutional Court of Georgia
declared unconstitutional the
imprisonment for purchase and
keeping of marijuana for
personal use. The court ruled
that imposing such punishment is
mainly a torture, cruel,
inhuman, or degrading treatment.
In December 2015 the new case
Konstantine Labartkava (chairman
of “New Vector”), Malkhas
Nozadze and Irakli Gigolashvili
v. Parliament, followed. In
addition an independent
plaintiff Vasil Mardaleishvili
submitted the lawsuit v.
Parliament. The plaintiffs in
this case alleging
unconstitutionality of the Law
on Combating Drug-Related Crime,
sections 1 and 2 of Article 3,
for 3-5 years deprivation of
rights of users such as driving
license, medical and/or
pharmaceutical practice and
establish, manage, or represent
a pharmacy; practice law; job
in pedagogical and educational
institutions; job in public
bodies - in treasury (budgetary)
institutions of the state and
local government; a right to be
elected; the right to
manufacture, purchase, store and
carry weapons. The plaintiffs in
addition alleging
unconstitutionality of Article
17, subparagraph a) of Law on
Public Service, which provides
that a person shall not be
recruited for public service if:
he/she has unexpunged conviction
for committing a premeditated
crime.
Public Defender declaring that
country needs human rights based
drug policy, as mentioned filed
a new lawsuit to the Court
seeking for complete
depenalization and
decriminalization of drug use.
But this later case is very
controversial one and can bring
either positive or negative
consequences. If the case is won
and the Court declares that
administrative and criminal
punishment for drug use is
unconstitutional then Parliament
should adopt the new law, but if
the case is lost then it gives
very strong argument and
evidence for pro punishment
supporters and government
against drug policy change
advocates. |
