Chapter IV
Request of the International Court


Article 19. Award of damages

1. Provisions of Georgian legislation relating to award of damages for unlawful detention or other unlawful act will be applicable only if the prosecuted person has been subject to procedural measures under this Law in Georgia at the request of the International Court.

2. Damages to be awarded may be reduced or award of damages may be refused if the prosecuted person intentionally caused the investigation and detention in whole or in part or has intentionally protracted or complicated the proceedings.

3. Damage cause by unlawful arrest or detention or other unlawful act will not be covered by Georgia, if in accordance with the statute the damages must be awarded by the International Court or the International Court takes the decision to refuse the award of damages.

Article 85
Compensation to an arrested or convicted person
1. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
2. When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.
3. In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.