Venice Commission recommends on full decriminalization for illegally entering the occupied territories

In the first case of violation of the rule should outline administrative punishment, instead of criminal responsibility
Agenda.ge, 24 Dec 2013 - 00:00, Tbilisi,Georgia

The entry into occupied territories of Georgia - Abkhazia and South Ossetia for foreign citizens from the areas other than Georgian-controlled territories will not be the subject of criminal punishment but the administrative penalties.

Venice Commission issued the opinion on the draft that welcomed the full decriminalization of sanctions for the violation of the rules regarding entry into the occupied territories.

"Amending the administrative code accordingly would have provided even more flexibility and would have encouraged the engagement policy with the occupied territories, reads the Venice Commissions opinion on the draft for amendments to the law on the Occupied Territories of Georgia.

The Deputy Minister for the State Ministry for Reconciliation and Civic Equality Ketevan Tsikhelashvili says that the amendments within the draft law, as well as Venice Commission opinion, prove that the government took the right direction.  

"The Commissions opinion emphasizes our peaceful, flexible, and relevant policies towards the occupied territories of Georgia. Venice Commission recommends that it would be better to decriminalize the law in full and this is the direction we will move, Tsikhelashvili said.

According to proposed bill, passed with first reading by the Parliament, in the first case of violation of the rule should outline administrative punishment, instead of criminal responsibility, in the form of a 400 GEL fine. In case of a repeat violation of this rule by the same person, sanctions under the criminal code will have to apply, but sanction will again be a financial penalty in an amount of not less than 800 GEL.

In particular, imprisonment should only apply in case of repeat violation of this rule only if this crime is committed in aggravated circumstances such as in group, with use of force or threat of force. In such cases, a term of imprisonment, according to the bill, should be one year, instead of the current prison term of three to five years.

The United National Movement (UNM) opposition party lawmakers, are against the law and did not vote for the first reading.