About Extradition Law in Tbilisi, Georgia
Extradition in Georgia is the legal process by which a person is surrendered to another country for criminal prosecution or punishment. Georgia follows international treaties, bilateral agreements, and its domestic laws to determine when extradition may occur. In practice, a court in Tbilisi reviews extradition requests to assess legality, human rights risk, and whether the crime is punishable in both states (double criminality).
Key concepts in Georgia include international legal assistance in criminal matters and the transfer of sentenced persons. Local lawyers help clients understand the different pathways, including resisting extradition when proper grounds exist. The process can involve multiple government agencies, including courts, prosecutors, and police, in coordination with foreign authorities.
Extradition procedures depend on both domestic law and international treaties, requiring careful legal analysis before any surrender takes place. Source: OSCE Office in Georgia
OSCE Office in Georgia and international organizations describe how Georgia handles extradition within its rule of law framework. Consult a local extradition lawyer early to map potential defenses and timelines.
Why You May Need a Lawyer
- Foreign jurisdiction requests extradition for alleged fraud in a European state. A Tbilisi resident may face complex treaty questions and must show double criminality and relevant jurisdictional links. An attorney can assess the legal basis and guard against improper surrender.
- Dual Georgian citizenship complicates an extradition request. Georgia often evaluates citizen status and protections under international law. A lawyer can argue for domestic prosecution where appropriate and protect rights of a citizen.
- Extradition is sought for a political offense or human rights risk. If there is a risk of torture or unfair trial, counsel can file defenses and argue for non-extradition on human rights grounds. Legal counsel can coordinate with authorities to pause proceedings where needed.
- A person is detained in Georgia while a foreign country requests surrender for alleged crimes abroad. Immediate legal representation helps secure bail, challenge the basis of the request, and prepare a full defense strategy.
- Transfer of sentenced persons (TSP) to serve a sentence abroad. A lawyer can facilitate the transfer process under applicable treaties and ensure rights protections during transfer, confinement, and supervision.
- Procedural delays risk rights and liberty interests. An attorney can seek speedy review, stay orders, or protective measures while a decision is pending.
Local Laws Overview
The Georgian legal framework for extradition rests on three main instruments: the Constitution of Georgia, the Criminal Procedure Code of Georgia, and the Law on International Legal Assistance in Criminal Matters. These sources determine when extradition is permissible and which procedural safeguards apply in practice. Lawyers base defenses on where a request originated, the type of crime, and whether Georgia has a treaty obligation to surrender.
Recent practice notes from international organizations emphasize Georgia's commitment to due process and human rights protections in cross-border criminal matters. Georgia's framework also requires coordination with foreign authorities to ensure requests comply with international standards. For residents and detainees in Tbilisi, timely consultation with a qualified attorney is essential to navigate deadlines and filing requirements.
Georgia's international legal assistance framework is shaped by domestic procedures and international cooperation standards to protect the rights of those involved. Source: UNODC Georgia
UNODC Georgia provides context on how international cooperation in criminal matters operates in Georgia. OSCE notes the importance of timely, rights-based processing in extradition cases.
International cooperation in criminal matters relies on clear procedures and respect for human rights while processing extradition requests. Source: Legislationline
Legislationline offers translations and analysis of relevant Georgian laws in the context of international criminal cooperation.
Frequently Asked Questions
What is extradition and how does it work in Georgia?
Extradition is surrendering a person to another country for criminal proceedings or punishment. In Georgia, a court reviews requests to ensure legality, treaty compatibility, and human rights compliance before any surrender.
How do I know if Georgia can extradite me to another country?
The decision depends on domestic law, international treaties, and whether the other country has jurisdiction over the offense. A lawyer can assess the specific treaty, crime double-criminality, and procedural requirements.
What is double criminality in extradition concerns?
Double criminality means the alleged crime must be illegal in both Georgia and the requesting country. If not, extradition may be challenged or denied on that basis.
Can I challenge an extradition request in Georgia?
Yes. You can challenge on grounds such as political offenses, human rights risks, procedural flaws, or misapplication of a treaty. An attorney files appropriate motions with the court.
Do I need a local lawyer for extradition matters in Tbilisi?
Yes. A local lawyer understands Georgia's procedures, local courts, and treaty nuances. They can coordinate with prosecutors and foreign authorities and protect your rights.
How long does the extradition process typically take in Georgia?
Timelines vary widely based on the complexity of the case and the issuing country. Expect weeks to several months for initial review, with potential appeals extending the process.
What are the costs involved in an extradition defense?
Costs include legal fees, court filing charges, translation services, and expert consultations. A lawyer can provide a detailed estimate after reviewing the case.
Is extradition allowed if I am a Georgian citizen?
Georgia generally exercises caution with regard to surrendering its own citizens and relies on international law and treaties. An attorney can explain protections and exceptions relevant to your situation.
What happens if I am detained pending extradition?
Detention conditions must comply with human rights standards. A lawyer can seek bail, review detention legality, and request protective measures while the case is ongoing.
Can I seek asylum or protection to avoid extradition?
In some cases, asylum or other forms of protection can be considered if there is a credible risk of harm. A lawyer can assess eligibility and coordinate with authorities on preventive relief.
What is the difference between extradition and transfer of sentenced persons?
Extradition concerns surrender for ongoing criminal proceedings, while transfer of sentenced persons moves a person already convicted to serve punishment abroad under a treaty.
Do I need to pass through an interpreter during proceedings?
Yes. Georgia requires proper interpretation for international proceedings to ensure you understand the process and can present a full defense. A lawyer organizes interpretation as needed.
Additional Resources
- OSCE Office in Georgia - Coordinates rule of law and international cooperation in Georgia, including extradition matters. osce.org/georgia
- UNODC Georgia - Provides information on international legal assistance in criminal matters and regional anti-corruption efforts. unodc.org/geo
- Legislationline - Offers translations and commentary on Georgian laws related to extradition and international cooperation. legislationline.org
Next Steps
- Identify your exposure - Confirm whether a foreign extradition request exists and which country is involved. Gather any notices, indictments, or warrants you have received.
- Hire a Georgia-based extradition attorney - Look for a lawyer with experience in international criminal matters and coordination with foreign authorities in Tbilisi.
- Provide complete documentation - Compile passports, birth certificates, court documents, treaties, and any communications from authorities. Have documents translated if needed.
- Assess defenses and strategy - Discuss double criminality, political offense exclusions, and human rights risks. Identify potential stay or appeal options early.
- Request protective orders if appropriate - Ask for bail, a stay of extradition, or other remedies to prevent unlawful detention while the case proceeds.
- Coordinate with foreign authorities - Your lawyer will communicate with the issuing country through appropriate channels, ensuring procedures are followed correctly.
- Monitor deadlines and appeals - Note all time limits for filings and potential appellate review. Your attorney should manage calendar alerts and submissions.
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