Georgia's criminal justice policy has shifted markedly towards repressive justice, pushing the country's penitentiary system to the brink of critical overcrowding.

In recent years, the principle of imprisonment as a measure of last resort (ultima ratio) has, in practice, been all but abandoned. The criminal justice system is now focused not on rehabilitation but on prolonged incarceration, rendering the proclaimed principles of humanism and respect for human rights largely ineffective in practice.

Over the past six years, the number of convicted people in prison has increased by 11%. According to 2025 data, judicial practice has reached its most severe and critical point in the past six years.

The findings of the research confirm that the rate at which imprisonment is imposed increased from a low of 37.86% in 2023 to 52.26% in 2025. In 2025, a total of 22,767 convicted people entered the penitentiary system. This represents not only a 25.5% increase compared with 2024, but also the highest figure recorded since the National Statistics Office began collecting these data. According to 2024 data, Georgia ranked second among the 46 member states of the Council of Europe in terms of its prison population, with 236.6 prisoners per 100,000 inhabitants (Turkey ranked first, with 408 prisoners per 100,000 inhabitants). At the same time, the use of parole declined by 85%.

The humanisation of criminal justice policy is one of the fundamental objectives of the European legal framework. In criminal procedure, the use of pre-trial detention is governed by the principle of ultima ratio (“a measure of last resort”), meaning that it should be imposed only where other, less restrictive measures are insufficient to achieve the legitimate aims of the proceedings. However, statistical data for the period 2019–2025 point to a widening gap between this declared principle and judicial practice.

Statistical Trends in the Use of Imprisonment (2019–2025):

Between 2019 and 2023, the use of imprisonment showed an overall downward trend, decreasing from 47.2% to 37.86%, which could be interpreted as a positive indication of the humanisation of criminal justice policy. This trend changed dramatically in 2024–2025: in 2025, the rate at which imprisonment was imposed reached 52.26%, the highest level recorded over the previous six years.

Table 1. Trends in the Use of Imprisonment, 2019–2025 (Source: Public Defender’s Reports)

Crisis of Mechanisms of Release

The overcrowding of the penitentiary system is driven not only by an increase in the inflow of detainees, but also by the systemic paralysis of legal mechanisms of release. The most critical indicator is the statistics on parole: in 2019, 1,279 individuals were released on parole, whereas in 2025, only 195 were released. This represents an 85% deterioration.

The use of sentence mitigation measures (house arrest) has also declined, from 236 cases in 2019 to 144 in 2025. The amnesty mechanism, due to its fragmented nature, has likewise failed to function as an effective tool for relieving pressure on the system.

The institution of pardon has also been rendered effectively inactive. The Pardon Commission operates infrequently and in a lack of transparency. The scarcity of decisions in 2025 and the absence of reasoning in those decisions have reduced this institution to a symbolic role. Pardons granted on medical grounds are also highly restricted.

Drug Policy and the Burden on the Penitentiary System

A structural component of the system’s overcrowding is the high proportion of persons convicted of drug-related offences - more than 5,000 individuals. This is particularly striking given that recorded drug-related offences - 5,322 incidents outnumber all theft cases combined and are significantly higher than the rates of violent crime (intentional homicide - 109 cases; rape - 45 cases; robbery - 83 cases).

From a comparative perspective, in Armenia, the share of persons convicted of drug-related offences is approximately 18–22%, whereas in Georgia this figure is significantly higher.

Economic Discrimination and the Practice of Bail

An analysis of judicial decisions reveals a problem of formulaic reasoning. In determining the amount of bail, an individual’s financial circumstances are often not taken into account, effectively turning pre-trial detention into a de facto sanction for poverty. This practice is inconsistent with the fundamental principle of equality before the law, as guaranteed by the Constitution of Georgia.

Regional Perspective

In order to fully understand the situation in Georgia, it is important to consider the regional context. In Armenia, as a result of judicial reforms, the use of pre-trial detention was significantly reduced between 2018 and 2023. Moldova, in the course of its EU association process, has substantially expanded the use of alternative measures. In Serbia, electronic monitoring via ankle bracelets has been widely introduced since 2019. In this context, Georgia’s 2024–2025 trend is the opposite and deeply concerning.

The above statistics clearly demonstrate that in 2024–2025 Georgia’s criminal justice policy has shifted away from the trend of humanisation towards a more repressive form of justice. A 52.26% rate of imprisonment, an 85% decline in the use of parole, and more than 5,000 persons convicted of drug-related offences together present a picture of systemic crisis.

This crisis extends beyond the boundaries of legal technique and has a direct impact on the fundamental rights of thousands of individuals. The revitalisation of the principle of ultima ratio, the restoration of the effectiveness of the parole system, and the safeguarding of judicial independence are not matters of political preference, but constitutional and international legal obligations.

Policy Recommendations Framework

1. Liberalisation of criminal justice policy – Imprisonment should be applied strictly in accordance with the principle of ultima ratio. At legislative level, the obligation to consider alternative sanctions—such as fines, community service, and electronic monitoring—should be expanded and made mandatory.
2. Restoration of the parole mechanism – Courts and relevant commissions should ensure the transparent and effective use of this institution.
3. Restoration of the effectiveness of the pardon system – The Pardon Commission must operate through transparent procedures, and its decisions should be subject to appeal.
4. Drug policy reform – Drug dependence should be classified primarily as a public health issue. Instead of a punitive judicial approach, the use of treatment and rehabilitation measures should be expanded.
5. Decriminalisation of minor economic offences – For less serious economic offences, civil law mechanisms and mediation should be applied instead of criminal sanctions.
6. Prevention of social problems – Poverty, unemployment, and social exclusion are structural drivers of crime. These issues should be addressed through social policy instruments rather than criminal justice measures, while early intervention programmes reduce long-term pressure on the system.
7. Prioritisation of rehabilitation – In the penitentiary system, vocational education, social integration, and psychosocial rehabilitation should be established as mandatory standards. A punishment model focused solely on isolation increases recidivism rates, which is contrary to the long-term interests of the state.