Amnesty for possible crimes by state officials undermines the idea of protecting human rights – GDI

The non-governmental organization Georgian Democratic Initiative (GDI), in response to the amnesty law, writes that exempting government officials from liability and/or punishment by amnesty now or in the future contradicts the essence of the rule of law and significantly undermines the idea of basic human rights.

According to the GDI, the amnesty law will be flawed in both formal and fundamental legal standpoint, although the statement also noted that amnesty has become part of a common task of easing the political crisis, developing democracy and political stability.

"Adherence to the requirements of formal law is a fundamental functional feature of the rule of law, however it is not it’s intention, but an opportunity for individuals to enjoy a high degree of protection of their rights and freedoms. Nevertheless, there are exceptional cases when the requirements of formal legality need to be circumvented to overcome political and social crises, the scale of which calls into question the effective functioning of state institutions and thus threatens in the long run that constitutional rights of individuals will not be realized. Thus, political will, which, despite the problem of formal legitimacy, is expressed in the spirit of improving the legal status of individuals, may in some cases be justified from a fundamental legal and moral point of view," the statement said.

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