The South Caucasus region comprises Armenia, Azerbaijan and Georgia, and the disputed areas of Abkhazia, South Ossetia and Karabakh. PRI has been working in the region since 1999 and currently manages programmes in Armenia and Georgia. PRI’s regional office is in Tbilisi, Georgia, which opened in 2003.

Socio-political context

The South Caucasus region shares the economic, political and human rights challenges faced by all the former Soviet states. During and after the break up of the Soviet Union, violent conflict has prevailed in the region, resulting in ongoing internal displacement. The territories of Karabakh, South Ossetia and Abkhazia are in dispute. Armenia’s border with Azerbaijan and Turkey, and Georgia’s border with Russia, are closed.

While Azerbaijan has benefited from its considerable oil and gas resources, all countries have experienced a slow economic recovery following the collapse of the Soviet Union. Corruption is still prevalent and a small but significant proportion of the population lives in poverty. Many families rely on remittances from abroad.

Armenia, Azerbaijan and Georgia are members of the Council of Europe, whose institutions, such as the European Court of Human Rights and the Committee for the Prevention of Torture, are key standard setters. Recommendation (2006)2 of the Committee of Ministers to member states (The European Prison Rules) is an important recent addition. The South Caucasus States also benefit, as members, from the recommendations of the Organisation for Security and Cooperation in Europe (OSCE) and its Office for Democratic Institutions and Human Rights (ODIHR).

The South Caucasus countries have ratified the main international human rights treaties. Armenia and Georgia have ratified the UN Optional Protocol to the Convention against Torture, while Azerbaijan has signed the instrument. The death penalty was abolished to fulfil commitments on joining the Council of Europe.

Criminal justice in the South Caucasus region

The legal system is based on civil law in all three states in the South Caucasus region. In Georgia, some common law concepts have been imported. The basic codes in all three countries are newly reformed or are in the process of being redrafted. The prisons (and probation service, where this exists) are under the authority of the Ministry of Justice. In Georgia the probation service has 11 probation bureaux under its authority. There are seven prisons in Armenia, 52 in Azerbaijan (29 of which are open facilities) and 16 in Georgia. Georgia recognises the authority of the International Court of Justice (ICJ).

In the internationally unrecognised breakaway territories of Abkhazia and South Ossetia, the de facto criminal codes are, respectively, the Criminal Code of the former Soviet Socialist Republic of Georgia of 1961, with some changes and amendments, and the Criminal Code of the Russian Federation of 1996. There is one prison in both territories housing all categories of prisoner. In the internationally unrecognised breakaway territory of Karabakh there is one pre-trial prison and one establishment for convicted prisoners.

Penal reform challenges in the region

Corruption is present in most parts of the region’s criminal justice systems. Even where it is not,  public confidence is low.

Lawyers and judges, many of whom qualified during a time of widespread corruption, lack full independence and are often insufficiently qualified or confident to work within an adversarial criminal justice system. The lack of expertise has resulted in the over-use of custodial sentences. In Georgia, the prison population has doubled in the past three years resulting in a prison population of more than 15,000 and growing.

Prison reforms in the region are focused on addressing the legacy of the Soviet era, including the Soviet camp culture. The transition from colony to cell-type prisons remains an ongoing challenge, along with maintaining and replacing buildings that were not originally designed as places of detention and which are unfit for habitation. Prison reforms also rest on challenging the prevailing concept of security which is based on the use of force rather than a culture of dignity and respect.

Although previously non-existent, the region is now developing training resources for prison and probation staff. However, low pay and prestige have dogged attempts to attract properly educated and motivated prison staff. Probation and other alternatives to detention have not been adequately resourced or developed.

The death penalty still exists in law in the disputed territories of Abkhazia and South Ossetia.

How PRI is addressing these challenges

PRI’s priorities in the region are ensuring criminal sanctions are centred on rehabilitation of the offender and crime prevention. We also promote opportunities for civil society to play a more active role in the criminal justice system.

Following collaboration between PRI and Norwegian criminal justice professionals, ten civil society groups have been established in Georgia to work with prison authorities in the provision of work and educational opportunities for prisoners and probationers.

In Georgia, PRI is researching the use of sanctions to explore the links between sentencing and prison overcrowding. The findings will be used to devise strategies to prevent the over-use of imprisonment.

PRI is also supporting implementation of the UN Optional Protocol to the Convention against Torture (OPCAT) in collaboration with other organisations concerned with treatment in places of detention and other institutional settings.  Legislation is being changed, and relevant regulations and procedures are being created. Civil society organisations are also being trained to monitor its implementation. At the same time, PRI is working with local partner organisations to publicise standards for the prevention, detection and reporting of torture, and the rehabilitation of victims in accordance with the Istanbul Protocol.

More generally, PRI monitors legislative initiatives and works with others to ensure that reform strategies are reflected in the law. We also translate and promote relevant European, OSCE and UN recommendations.