Representatives of non-governmental organizations (NGOs) have issued a joint statement regarding their monitoring of criminal cases involving protest participants.
The NGOs highlighted that many defendants in custody report mistreatment and pressure by the police. They also noted that the court is not making independent decisions, leading them to urge the Prosecutor’s Office of Georgia to petition the court to cancel the imprisonment of the defendants.
“NGOs are actively monitoring the justice process in criminal cases related to protest participants. We consistently share updates with both local and international communities on our findings and trends.
Arrested Individuals:
Based on publicly available information, more than 30 rally participants have been arrested under criminal law, with ages starting from 19. Among those detained are approximately 10 students, a doctor, a journalist, actors, and individuals from the academic and political spheres.
The court imposed the most severe preventive measure—imprisonment—on all arrested rally participants. However, two individuals, Aleko Elisashvili and a minor, were later released on bail following an appeal by the prosecutor’s office.
In contrast, no law enforcement officers have been arrested despite allegations of violence, inhumane treatment, and torture against hundreds of protestors and journalists. Furthermore, members of an informal violent group that assaulted protesters on the streets were released on bail by the prosecutor’s office and the court.
Detention and Post-Detention Conditions:
Protest participants and their lawyers have reported various violations during investigative and procedural actions, including illegal searches of personal and residential properties, and cases of ill-treatment by police during and after detention.
Several detainees have reported severe psychological pressure and physical beatings after their arrest (including individuals like Saba Skhvitaridze, Revaz Kiknadze, Nika Katsia, Aleko Elisashvili, and others).
Criminal Charges:
The protest participants face criminal prosecution under multiple provisions of the Criminal Code, including Articles 225 (participating in group violence), 187 (damaging another’s property), 353 Prima (attacking police officers), 18-229 (preparing an explosion), 156 (persecution), and 260 (possession of drugs in an especially large amount). These articles carry prison sentences ranging from 4 to 20 years and, in some cases, life imprisonment.
Notably, two individuals have been arrested on charges of illegally possessing drugs in large quantities. One detainee’s lawyer alleges the police searched him illegally without witnesses or video evidence and planted drugs on him. Another detainee claims the same, along with degrading treatment and pressure after arrest.
Trends in Court Proceedings:
Monitoring criminal cases against protest participants has uncovered serious violations of criminal law, as follows:
Charges: Prosecutors filed templated, identical charges against defendants, often failing to specify each defendant’s individual role.
Investigative Violations: Evidence presented against defendants included unlawfully obtained or questionable materials, with inconsistencies in arrest reports and investigative actions conducted without legal necessity.
Excessive Detention Requests: Prosecutors sought imprisonment for all arrested protesters without justifying why less severe measures, such as bail or personal guarantees, were insufficient.
Unsubstantiated Motions: Motions requesting detention lacked concrete reasoning and relied on generalized claims with no specific evidence of flight risk, witness tampering, or evidence destruction.
Judicial Approval of All Motions: Courts approved every prosecution request for imprisonment, often based on questionable evidence, despite defendants’ claims of mistreatment by law enforcement.
Lack of Judicial Justification: Judges repeated prosecution arguments without addressing specific circumstances justifying imprisonment.
Judicial Bias: Judges demonstrated bias by favoring prosecution during questioning and overlooking flaws in the prosecution’s evidence.
Violation of Publicity Principles: Some hearings were held in small rooms, limiting public access despite high public interest,” the statement reads.
NGOs urge the Prosecutor’s Office of Georgia to petition the court to release those detained, as the current practices indicate a biased, politically driven judicial process. The NGOs emphasize that the court, in its current state, is not making independent decisions, and defendants are enduring mistreatment, psychological pressure, and legal violations.
