B4-0691/95

Resolution on the trial of 17 people in Georgia - Case No. 7493810

The European Parliament,

A.having regard to Case No. 7493810 in which the judgement at first instance was handed down on 6 March 1995 and the 17 defendants, appearing on charges ranging from burglary of a perfume factory to murder, were sentenced to between two and a half years imprisonment and, for two of the accused, death,

B.having regard to reports by several human rights organizations detailing the failure to uphold legal procedures and the rights of the defence as well as instances of physical violence perpetrated on the defendants and their families; whereas the Georgian state has acknowledged some of these facts and intends to reform the legal and penal systems to achieve greater democracy,

C.having regard to the International Covenant on Civil and Political Rights, in particular Articles 7, 9(2) and 14(3)(b) thereof,

D.having regard to its last report on the human rights situation in the world; reaffirming the European Union's commitment to the principle of abolishing capital punishment; having regard also to the provision in Georgian law for a reprieve procedure,

1.Notes that the Georgian Government has indicated its intention of reforming its legal and penal system with a view to making it more democratic, and calls on the European Union and the member states of the OSCE to provide technical assistance for the Georgian programme aimed at reforming the legal and penal system;

2.Calls on the Georgian Government to ensure that the appeals procedure operates correctly, upholding the rights of the defence and human rights in general;

3.Calls for the death sentence on Petre Gelbakhiani and Irakli Dokvadze to be commuted in accordance with the principles applying in most democratic states throughout the world and within the European Union in particular;

4.Instructs its President to forward this resolution to the Commission, the Council, the Georgian Government and the Secretary-General of the OSCE.