Temur Katamadze waves the Georgian flag during protests in Batumi; Source: batumelebi.netgazeti.ge
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Watchdog Submits Amicus Curiae Brief in Temur Katamadze Case to Tbilisi City Court

Civil.ge Send an email 19/03/2025 - 18:58
2 minutes read

The Social Justice Center (SJC), a local legal civil society organization, has submitted an amicus curiae brief to the Tbilisi City Court in support of Temur Katamadze (Gaffar Yilmaz), a Turkish citizen of Georgian origin on March 17. The brief highlights Katamadze’s individual circumstances, “the human rights situation in Turkey”, and the “risks of torture and discrimination” he faces if expelled from Georgia.

The brief stresses that Katamadze could face political persecution if sent to Turkey, where an arrest warrant has been issued against him. The SJC brief calls for a thorough investigation into the arrest warrant issued against him in Turkey, urging the Court to request additional information from the Turkish authorities to properly assess the grounds for the request and the risk of persecution that Katamadze could face.

Katamadze, 57, an active participant in Georgia’s pro-European rallies and a long-time critic of the Georgian Dream, has been living in Georgia since 2012. Although he initially stayed in the country on a work visa, he was denied a visa extension in 2020. Over the years, Katamadze made several attempts to obtain Georgian citizenship, but was unsuccessful. He has been hoping to resolve his legal status through the courts, with the Tbilisi City Court reviewing his case since 2019. On January 11, 2025, he was arrested on administrative charges of disobeying a lawful order and released after five days. However, he was re-arrested on January 16, with the authorities citing Georgian immigration laws and claiming that he had overstayed his visa. He was placed in the temporary detention facility of the Migration Department of the Ministry of Internal Affairs.

The watchdog also stresses that, despite numerous appeals, Katamadze has not been informed of the progress of his case in Turkey, adding that “the Migration Department has not properly assessed the risks of possible ill-treatment in the event of his arrest and for some reason considered that he would not be at risk even if arrested in the Republic of Turkey”. The Court must ensure that information is requested from the Republic of Turkey in order to fully examine the issue and assess the risk of persecution

The amicus curiae highlights that the arrest warrant may be politically motivated, pointing to allegations of Katamadze’s links to the Gülen movement by Turkish authorities. Although Katamadze denies the links, the SJC stresses that Turkey’s history of prosecuting members of the movement and other government critics is worrying.

The organization also refers to Georgia’s Law on International Protection, which provides that individuals who fear persecution in their home country for reasons of political opinion, race, religion or belonging to a social group should be granted refugee status. The SJC urges the court to consider granting him international protection.

The organization also stresses the importance of the court assessing Katamadze’s ties to Georgia – including his ethnic, cultural and social ties – which fall under the protection of Article 8 of the European Convention on Human Rights, which guarantees the right to private and family life.

Finally, the SJC urges the court to consider that although the burden of proof lies with the asylum seeker, he/she is often unable to substantiate his claims by producing documentary or other evidence, whereas “an unjustified refusal to grant international protection can have serious consequences.”

On March 18, during the court hearing, judge Diana Parkosadze rejected the appeal of activist and “flag bearer” for refugee status. 

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Civil.ge Send an email 19/03/2025 - 18:58
2 minutes read
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