Pleased to share the successful conclusion of one of the long-running strategic litigation cases, Cherkezishvili v. Parliament of Georgia (Constitutional Court Case N882), led by attorney Levan Jorbenadze.
The Constitutional Court of Georgia ruled that it is unconstitutional to impose a sentence of imprisonment for the acquisition and possession of 0.1315 grams of cannabis resin for personal use, including in cases where the individual has a prior drug-related conviction.
This case began in 2017, when our client sought legal assistance through GeNPUD after facing a prison sentence of 5 to 8 years for possession of a small quantity of cannabis resin. From the outset, our objectives were twofold: to protect our client from a grossly disproportionate punishment and to pursue strategic litigation capable of improving the legal framework for others.
The Constitutional Court reaffirmed an important constitutional principle: in a democratic society, it is impermissible to impose an extremely severe criminal punishment solely for conduct that primarily harms the individual’s own health. In this particular case, the client was also serving a probationary period, exposing him to even more severe legal consequences under the existing legislation.
This judgment represents an important step toward a more proportionate and rights-based criminal justice system in Georgia.
We extend our sincere gratitude to our expert witnesses, Zura Sikharulidze and David Otiashvili, whose professional expert opinions made a significant contribution to this case.
The official judgment is available in Georgian:
- Constitutional Court of Georgia: https://constcourt.ge/ka/judicial-acts?legal=20023
- Legislative Herald of Georgia (Matsne): https://matsne.gov.ge/document/view/6908694?publication=0