The abstract of the judgment (The judgment is available only in Georgian). Abstracts published by the Constitutional Court of Georgia summarise the facts of the case and key legal considerations of the judgment.

Abstract

On 13 October, 2017, the Constitutional Court upheld the constitutional complaint (registration №703) of the citizen of Georgia Giorgi Kartvelishvili v. the Parliament of Georgia.

The complainant challenged the constitutionality of sentencing to imprisonment from 8 to 10 years for repeated failure to obey the lawful order of employee of penitentiary establishment with regard to Article 17(2) (right to human dignity) of the Constitution of Georgia. In view of the complainant, the disputed rule imposed inadequately high liability and violated the right to human dignity protected by the Constitution of Georgia.

The Constitutional Court of Georgia shared the arguments of the complainant and in view of the dangers entailed by the criminal act, decided that the challenged sentence was disproportional. Therefore the normative content disputed by the complainant was declared unconstitutional with regard to Article 17(2) of the Constitution of Georgia.