On November 11, in another case that has reignited widespread concerns about Georgia’s drug policy, Zura Nizharadze was arrested for possession of several types of club drugs, prompting reactions from civil society organizations and politicians, and a campaign to pay the legal fees of the arrested young man.
What happened?
Nizharadze, 26, who is now in pre-trial detention, faces a possible sentence of eight up to 20 years or even life imprisonment under Part 6 of Article 260 of the Criminal Code of Georgia, which provides for punishment for ‘particularly large quantities’ of drugs.
According to his lawyer, Nino Laliashvili, the Prosecution accuses Nizharadze of possessing the club drugs MDMA, LSD, and Ketamine. According to the lawyer, Nizharadze did not intend to sell the drugs.
After Nizharadze’s arrest, local CSOs as well as the clubs representing important segments of the youth, issued statements on the case and on Georgian drug policy in general.
Statement of Social Justice Center
On November 15, in response to Nizharadze’s arrest and possible imprisonment, the Social Justice Center (SJC), a local civil society organization, issued a statement entitled “Narco-Politics in Need of Systemic Reforms“, co-signed by eight other organizations, calling on the government to fundamentally revise the drug laws.
“Drug policy in Georgia is still repressive and it is based on the logic of punishment and police control of drug addicts,” – reads the statement. It emphasizes the severity of the law, as a result of which “nearly 24% of the people in Georgia’s prisons are serving sentences for drug offences,” – CSOs note.
CSOs believe that the government’s perceptions of the danger of drugs are often exaggerated, while prevention of the real problems may go unnoticed. “High penalties for drug offenses are often justified by government officials on the basis of the high public danger of the act. However, the challenges associated with narcotic drugs should not be limited to criminal law regulation, but should be considered from a public health perspective,” – reads the statement.
In particular, the statement outlines three main problems in the country’s drug policy, which are also being illustrated in Nizharadze’s case:
- Harsh Sentences – Reiterating that the policy is focused on punishment, the statement says: “In the absence of intent to sell, even the lower limit of imprisonment is high.” From the Criminal Code, the CSOs cite some crimes that they consider more violent but less severely punished, such as murder, which carries a sentence of ten to 15 years, and rape – from six to eight years.
- Unjustly defined amounts – “The initial, large, and particularly large amount thresholds for criminal offences are low,” – says the statement. It adds: “This kind of classification makes even the possession of an objectively small amount of narcotics within the framework of criminal law, which leads to a rigid intervention in the personal life and to the violation of the right to freedom of development of an individual.”
- Using imprisonment as a preventive measure – CSOs says that imprisonment should be employed as a preventive measure solely when there is a clear necessity for the orderly administration of justice and the protection of society and its individual members. “The amount of drugs and the severity of the crime do not automatically constitute a legitimate basis for the use of imprisonment,” – reads the statement.
CSOs point to international practice on drug-related issues, and assert that the “war” approach to drugs is ineffective and does not lead to a decrease in the consumption of narcotic drugs in the countries.” It adds: “On the contrary, it exacerbates the country’s social and economic problems, reinforces stigma and causes special exclusion of drug users.”
CSOs consider it important that the following steps be taken:
- The executive and legislative authorities should ensure that the punishments for drug crimes and additional mechanisms restricting rights are reviewed and alleviated;
- The Parliament of Georgia should make relevant legislative amendments to the Criminal Code in order to implement the decisions of the Constitutional Court;
- The Constitutional Court should consider the constitutional lawsuits and submissions related to drug crimes and administrative offenses in the optimal time frame;
- Common courts should use the mechanism of referral to the Constitutional Court instead of imposing an unjust and disproportionate sentence.
“Khidi” Statement
On November 14, one of the leading Tbilisi-based clubs Khidi issued a statement in support of Zura Nizharadze. “Georgia’s stringent drug policies cast a dark shadow over the lives of its citizens, with Zura Nizharadze standing as a poignant example of the human toll exacted by these measures,” – reads the statement, noting that “imposing such a policy against Zura Nizharadze underscores systemic injustice within the legal system.” It also says the penalty that Nizharadze faces for “mere possession of narcotics intended for personal use” is “disproportionate”.
Several other clubs have also responded to the case, supporting the arrested Nizharadze against the system’s drug policy. Some of them, including Khidi, also encouraged people to contribute funds to cover Nizharadze’s legal expenses.
Reactions from politicians
The above concerns have been shared by Georgia’s libertarian politicians, notably by Zura Japaridze, the leader of “Girchi-More Freedom,” and Iago Khvichia, Girchi MP. Thus, Georgia’s “repressive drug policy” has once again become a subject of debate and discontent, as after Nizharadze’s arrest, some inscriptions appeared on the streets of Tbilisi, rhetorically asking “Why is Zura in prison?”
Drug offences vs other types of offences
The arrest has reignited the debate about the appropriateness of harsh sentences for drug offences, especially in light of existing penalties for other crimes.
- Leading to suicide (Article 115): Punishable by imprisonment from two to four years;
- Intentional serious injury to health resulting in loss of life (Article 117): Punishable by imprisonment from five to eight years;
- Rape (Article 137): Punishable by imprisonment from six to eight years;
- Torture (Article 144): Punishable by imprisonment from seven to ten years.
The supporters of Nizharadze and of more liberal drug policies believe that the sentence of eight to 20 years or life imprisonment is disproportionate and inappropriate for the drug possession.
Georgia’s Drug Policy
Current Law on Narcotic drugs, Psychotropic substances, Precursors and Drug assistance provides for ‘small’, ‘large’ and ‘particularly large’ quantities of drugs. In the case of Zura Nizharadze, the specified quantities of drugs he possessed are as follows:
- MDMA: 0.05 grams (small); 0.5 grams (large) and 1 gram (particularly large)- Nizharadze possessed, quantity defined as ‘particularly large’ (1.4628 grams);
- Lysergic acid (LSD): 0.00002 grams (small); 0.0002 grams (large) and 0.001 grams (particularly large)- Nizharadze possessed quantity defined as ‘large’ (0.000105 grams).
- Ketamine: 0.1 grams (small); 1 gram (large) and 10 grams (particularly large)- Nizharadze possessed quantity defined as ‘large’ (4.76617 grams).
Critics say the legal definition of quantities is inadequate, and so is the respective punishment for them.
Under the Article 260 on Illegal Manufacture, Production, Purchase, Storage, Transportation, Shipment or Possession of a narcotic drug, its analogue, precursor or new psychoactive substance of the Criminal Code of Georgia, such acts are punishable by imprisonment for up to six years. If these acts are committed under aggravating circumstances, such as “with a particularly large quantity” or “by an organized group,” the penalty is set at eight to 20 years or life imprisonment. Moreover, the law does not differentiate between the purposes of drug offences (with the exception of cannabis for personal use for up to 0,1315 grams), such as personal use or sale and subjects them to the same criminal punishment.
The recent laws were changed and made more stringent in 2021, as the Parliament passed amendments that nearly doubled the penalties for drug-related crimes.
The latest case of Zura Nizharadze encapsulates the enduring debate over the government’s drug policy, resonating with Georgia’s recent past marked by such personal or more widespread cases.
On May 12, 2018, police officers raided the prominent Tbilisi-based club, Bassiani, following alleged information about drug trade. Dozens of clubbers, who gathered outside, told the journalists that the police used disproportionate force against them. Two dozen people have been arrested during the raid. The raid was followed by mass protests in the capital.
- 12/05/2018 – Government Under Fire over Tbilisi Drug Raid
In 2017, a man called Mamuka Berdzenishvili was arrested for possession of 2 grams of MDMA. On March 21, 2018, he was sentenced to eight years in prison. After a few days of issuing the penalty, the National Drug Policy Platform, uniting 41 NGOs, called on the Parliament to support the civil society initiative to decriminalize personal drug use and the possession of small amounts of drugs, but to no avail.
Giorgi Giorganashvili, a man sentenced to eight years in prison for the possession of 0.375 grams of Burprenorphene (Subutex), an opiate, was another example the same year. ‘White Noise Movement’ has been an influential movement in that period, protesting against “inhumane” Georgia’s drug policy.
What is the situation now?
Drug policy remains on the Georgian public agenda, although it remains to be seen to what extent the recent Zura Nizharadze case will have an impact. From time to time, however, Georgia is reminded of some of the problematic aspects of drug-related legislation. In August, 2023, the Social Justice Center, a local watchdog, issued an annual report on the drug situation in the country, highlighting that the legal framework continues to focus on punitive rather than preventive measures and that there is still a lack of substantive changes in drug-related legislation.
This post is also available in: ქართული (Georgian) Русский (Russian)
