South African woman faces 15-year imprisonment in Georgia unless her mother can pay R465k fine

 A 32-year-old South African woman, Genevieve Uys, faces up to 15 years imprisonment in Georgia unless her family can come up with the money to pay a $25 000 (about R465k) fine. She was arrested on 6 October 2022.

CAPE TOWN WOMAN ARRESTED IN BATUMI, GEORGIA

Genevieve, from Cape Town, works as an International In vitro fertilization (IVF) Facilitator through her business, Travelling Donors, which she started while studying for her degree.

She was reportedly on her way to the Batumi Fertility Clinic for business when she was stopped and arrested at the local airport.

“She has a medical condition, so she travels with prescription drugs. She, unfortunately, was not carrying her script with her at the time,” said Genevieve’s mother, Sandra.

According to translated court documents, Uys was found in possession of 0.341 grams of 3,4 methylenedioxymethamphetamine (MDMA), 0.13 grams of Oxycodone and 0,16 grams of Methylphenidate and 0.825 grams of Pregabalin.

MDMA is a widely-used recreational drug which is illegal in South Africa. From July, psychiatrists in the UK will be able to prescribe the drug to treat post-traumatic stress disorder.

Oxycodone is an opioid used to relieve moderate to severe pain, Methylphenidate is used to treat attention deficit hyperactivity disorder (ADHD), and Pregabalin is used to treat pain caused by fibromyalgia, nerve pain or spinal cord injury.

LEGAL AND MEDICAL CHALLENGES

When asked about her daughter’s use of the drugs, the 60-year-old said, “She has perforated discs in her L4 and L5 discs on her spine. They are used to manage the nerve pain.”  Genevieve also has a history of ADHD.

The South African saw medical messages that said Genevieve was diagnosed with Cervical Osteophytes and Cervical Spondylosis.

According to Sandra, Genevieve’s legal team is disputing the MDMA possession charge. The mother and daughter believe the drugs were planted to increase the chances of conviction and payment of a fine. “Gen would never sacrifice her 12-year-old international business. Never!” said Sandra.

“It took her 12 hard years of slogging to get the international recognition that she has. She has worked in New York, Australia, Malaysia, Mexico, Ukraine etc. She has helped clients all over the world to be gifted with a baby. These couples that were unable to have children are always eternally grateful for what she has done for them.”

Sandra added that her daughter suffers from a congenital, degenerative eye disease – Keratoconus – and is legally blind without her glasses and lenses, which have reportedly been taken away from her.

Genevieve’s optometrist said she has vision of less than 6/60 and must always wear her spectacles or contact lenses. He said her contact lenses are designed to control and manage her corneas so that they do not degenerate too quickly. She needs to be examined by an eye care practitioner comfortable and experienced with the disease every six months. If left unmanaged, she could become severely visually impaired.

“As Keratoconus is a degenerative corneal condition, the cornea can change and needs to be monitored six monthly. These changes are more significant when a patient is aged between 30 and 40 years. As Ms Uys is now 33, she does need to be checked more frequently, and she is overdue for her follow-up consultation,” wrote the optometrist.

According to Sandra, there’s no one qualified to deal with Genevieve’s condition in Georgia, and there is no facility to check her eyes and provide the specialised lenses she needs.

Genevieve turns 33 in August. As mentioned by the optometrist, she’s at the age where the disease requires regular attention.

“She needs this specialised treatment and attention so that we can mitigate the degeneration of her eyes. [The optometrist] said if she doesn’t, it is very possible that she can be blind within six years if she is not given the correct treatment.”

HARSH GEORGIAN LAWS

According to Human Rights Watch, Georgia’s drug laws and aggressive enforcement cause severe and unjustifiable harm.

In a 67-page report published in 2018, titled Harsh Punishment: The Human Toll of Georgia’s Abusive Drug Laws, the organization details the impact of the harsh drug laws on people who use drugs and their families.

“Georgian law imposes long, mandatory minimum sentences for drug-related offences, with a nearly 100 percent conviction rate for these offences.

“As a result, a person charged with a drug-related offence often feels there is no other choice than to agree to a plea deal to avoid a long prison term.

 “These plea deals also lead to prohibitive fines, which can financially devastate the accused and his or her family,” reads the report.

Georgian law does not have a minimum threshold for small quantities of approximately three-quarters of the substances it considers illicit drugs.

Possession of even a particle of these substances automatically qualifies as a large amount. According to Genevieve’s plea bargain, the Georgian government considers the amounts of MDMA, oxycodone and Methylphenidate she allegedly possessed to be large.

Possession of a large amount of illicit substances triggers a mandatory minimum five-year prison sentence. Having more than one gram is considered a “particularly large amount” and could result in a life sentence.

HRW mentions the case of Kote Japaridze, a 23-year-old man from Georgia, who was arrested for possession of two grams of MDMA and charged with possession of a particularly large amount of drugs.

“Facing up to 20 years in prison, Japaridze entered into a plea deal, and a court sentenced him to six years in prison, five of which were suspended.

“The court also imposed a fine of 25 000 Georgian lari (roughly $10 800). Japaridze struggles to repay the debt for the fine and has been deprived of his driver’s license and banned from working in certain jobs for five years,” said HRW.

In another case, a family lost their home to pay drug-related fines.

SANDRA UYS’S RACE AGAINST TIME TO SAVE HER DAUGHTER

Since her arrest, Genevieve has been held at the Women’s 5th Penitentiary in Rustavi. Sandra said she had successfully negotiated a plea bargain agreement with the Georgian state.

Genevieve initially faced eight to 15 years imprisonment, but it has been reduced to one year and a $25 000 fine through Sandra’s efforts – her daughter awarded her General Power of Attorney to manage her domestic and international affairs.

On Thursday, Sandra said that she received a phone call and was informed that the fine must be paid by Friday, 10 March, or the plea agreement would be annulled, and Genevieve would have to serve the full prison term.

Despite pleas to loved ones close to Genevieve, who reportedly have the financial means to pay the fine, Sandra cannot get support.

If the family does not pay the fine. Genevieve will be put on trial and could face eight to 15 years in prison.

 “There’s nothing I can do further,” said Sandra.

GRATEFUL FOR SUPPORT

Sandra said she’s had to pay for Genevieve’s upkeep in prison since October. She said the expenses are approximately R4500 per month.

“[Genevieve] needs money for telephone calls so she can call me once, maybe twice, a week if she’s lucky.

“I’m happy to carry on with that. It’s just to keep her out of jail for eight years… it’s been a nightmare. It’s been hell for me the last three months, four months dealing with so many different people and ambassadors and attorneys and advocates.”

Sandra said she is grateful for many people that have “come out of nowhere” to offer help and support. “it’s not all doom and gloom, but there are some very kind people out there.”

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Correction: An earlier version of this story omitted one of the drugs Genevieve Uys allegedly possessed. The drug, Pregabalin, was added to the fifth and seventh paragraphs at 22:45 on Friday, 10 March.