Overview
Georgia (საქართველო, Sakartvelo) has been a member of the Council of Europe since 27 April 1999 and a party to the European Convention on Extradition (ECE) since 15 September 2001. It has ratified the 1st, 2nd, 3rd and 4th Additional Protocols. Georgia is not an EU member; the European Arrest Warrant does not apply. Since 14 Dec 2023 Georgia has been an EU candidate for accession. The accession negotiations have, however, been effectively frozen since the end of 2024, following the entry into force of the so-called Foreign Agents law.
Rule-of-law and political situation since 2022/2024: Since 2023/2024 the governing party "Georgian Dream" (Kartuli Otsneba) has pushed through a series of laws that are problematic from a rule-of-law perspective — the Foreign Agents law (May 2024, modeled on the Russian template), restrictions on freedom of assembly, and LGBTQ restrictions. The parliamentary elections of 26 Oct 2024 took place amid substantial allegations of manipulation. The EU and the USA suspended the accession negotiations; in January 2025 PACE did not ratify the credentials of the Georgian delegation.
Extradition traffic between Germany and Georgia is quantitatively modest. The focus is on organized crime (theft, money laundering), drug trafficking, and increasingly proceedings with a political background. The Saakashvili complex (see "Country-specific issues") has shaped the rule-of-law assessment of Georgia since 2021.
Legal basis
Extradition to Georgia is governed by the European Convention on Extradition of 13 Dec 1957 (ECE, BGBl. 1964 II p. 1369) in conjunction with all four Additional Protocols. Supplementary to this is the European Convention on Mutual Assistance in Criminal Matters of 20 Apr 1959.
Domestically, on the German side the IRG applies (Sections 1 ff. IRG); for German citizens Article 16(2) of the Basic Law in conjunction with Section 80 IRG remains a bar. On the Georgian side, the Code of Criminal Procedure applies (საქართველოს სისხლის სამართლის საპროცესო კოდექსი, No. 1772-IIs of 9 Oct 2009).
The central authority is the Georgian Ministry of Justice (საქართველოს იუსტიციის სამინისტრო); the General Public Prosecutor's Office (საქართველოს გენერალური პროკურატურა) is responsible for the operational side of criminal prosecution. On the judicial side, the city courts (საქალაქო სასამართლო) and the appellate courts (სააპელაციო სასამართლო) decide; at the apex are the Supreme Court (უზენაესი სასამართლო) and the Constitutional Court (საკონსტიტუციო სასამართლო).
On the German side, the Higher Regional Courts are competent in the admissibility proceedings; the granting decision is made by the General Public Prosecutor's Offices, and in matters of principle by the BfJ.
Country-specific issues in Georgia
The Saakashvili complex: Former president Mikheil Saakashvili (in office 2004–2013) has been in Georgian detention since 1 Oct 2021. Several criminal proceedings — including abuse of office and incitement to assault — are classified as politically motivated by the EU, the Council of Europe and international observers. His severely deteriorated state of health (a loss of more than 40 % of body weight in 2022/2023) and the denial of adequate medical treatment have repeatedly been criticized by the European Parliament (urgency debates). The case documents the instrumentalization of the judiciary and is a central reference point in extradition defense in politically sensitive matters.
The Okruashvili precedent, Berlin 2007: Former Georgian defense minister Irakli Okruashvili was arrested in Berlin on 27 Nov 2007 and at the same time applied for asylum. The German Higher Regional Court of Berlin (Kammergericht) and the BfJ reviewed the extradition intensively; in the end it was refused, because a fair trial could not be expected in the political climate of the time. The case illustrates the tension between extradition and asylum in politically shaped constellations.
The Foreign Agents law (May 2024) and EU sanctions 2024/2025: The law "on transparency of foreign influence" requires NGOs, media and individuals with more than 20 % foreign funding to register as "organizations under foreign influence". The model is the Russian Foreign Agents legislation; the EU and the Venice Commission have sharply criticized the law. In politically charged matters, the rule-of-law situation must therefore be reviewed critically.
Abkhazia and South Ossetia: The de facto uncontrolled parts of the country, Abkhazia (Apsny) and South Ossetia (Tskhinvali region), have been under Russian control since the war of August 2008 and are not integrated into the extradition system. Where the place of the offense or evidence relates to these regions, the Georgian judiciary effectively has no access (a constellation analogous to the Transnistria special case).
CPT reports: CPT periodic visit 2018, ad-hoc visit 2021 (in the Saakashvili context), periodic visit 2023. Recurring themes: informal hierarchies, ill-treatment in police custody, and deficiencies in medical care. Reform-era improvements from 2012/2013 (the reform generation of the Saakashvili era) have in part been rolled back.
Detention conditions and the human-rights review
The Georgian detention system is administered by the Special Penitentiary Service (სპეციალური პენიტენციური სამსახური) within the Ministry of Justice. There are 14 facilities of varying security levels, including Penitentiary No. 8 in Gldani (Tbilisi, modernized), Penitentiary No. 2 in Rustavi and Penitentiary No. 12 (women's facility, Rustavi).
The reform era under Saakashvili (from 2004) brought considerable investment in the modernization of the prison system and the fight against corruption. The successor governments from 2012 onward maintained parts of these reforms, but in its reports of 2018, 2021 and 2023 the CPT documents setbacks — in particular regarding protection against informal hierarchies (Georgian "k'urduli kveq'ana") and ill-treatment in police custody.
The Saakashvili case (2021–ongoing) has drawn international attention to the inadequate medical care in detention facilities. The Georgian ombudswoman has repeatedly confirmed that the prison system is not sufficiently equipped for complex medical cases.
In German extradition practice, assurances regarding cell floor space (the CPT standard of 4 m²), the specific facility (avoiding facilities with documented ill-treatment problems) and medical care are therefore regularly required.
Lines of defense
The defense in Georgia extradition cases is built around the following points:
- Political offenses (Art. 3 ECE in conjunction with Section 6(1) IRG): In matters with a political background or a Saakashvili context, a careful review is required — the Saakashvili complex as a reference point for political justice, and Okruashvili–Berlin 2007 as a precedent.
- Section 73 sentence 1 IRG in conjunction with Article 6 ECHR — fair trial: For proceedings from 2022/2024 onward (the Foreign Agents law, the frozen EU accession process), there is a heightened duty to give reasons. PACE's non-recognition of the Georgian delegation (January 2025) serves as a benchmark.
- Section 73 sentence 1 IRG in conjunction with Article 3 ECHR — detention conditions: Assurances regarding cell floor space (CPT 4 m²), the specific facility (e.g. Penitentiary No. 8 Gldani), and medical care. The Saakashvili case as evidence of structural deficiencies.
- Abkhazia / South Ossetia connection: Where the place of the offense or evidence relates to these de facto territories, raise the problems of obtaining and verifying evidence.
- Dual criminality (Art. 2 ECE): A minimum penalty threshold of one year on both sides; for special Georgian offense provisions, a careful review of the legal classification is required.
- Asylum and protection status as a bar (Section 6(2) IRG): Requested persons with a pending or granted asylum procedure on account of political persecution may not be extradited.
- One's own nationals (Article 16(2) of the Basic Law in conjunction with Section 80 IRG): Germans are not extradited.
- Rule of specialty (Art. 14 ECE): Limitation to the offenses granted.
- Double jeopardy (ne bis in idem) (Art. 9 ECE): Review the barring effect of parallel proceedings.
- Statute of limitations (Art. 10 ECE): Under both legal systems.
- Constitutional complaint with an urgent application (Section 32 BVerfGG): A standard remedy in politically sensitive constellations.
- Interim relief before the ECtHR (Rule 39): Where there is an acute risk of extradition and credibly substantiated Article 3 / Article 6 risks, apply for an interim measure.
Legal representation in Georgian extradition proceedings
An extradition case is a specialized mutual-legal-assistance procedure that goes beyond classic criminal defense. Engaging a defense lawyer specialized in extradition law at an early stage is regularly decisive — not only after the formal extradition arrest warrant has been issued, but already from the moment of an arrest based on an Interpol notice, an SIS alert or a European Arrest Warrant.
As a Certified Specialist in Criminal Law with a focus on extradition law, I advise and represent affected persons nationwide before the competent Higher Regional Courts and in constitutional complaint proceedings before the Federal Constitutional Court.