GYLA Releases Results of Monitoring Criminal Cases Against Demonstrators

The Georgian Association of Young Lawyers (GYLA) has released its findings on criminal cases involving peaceful demonstrators arrested during protests from December 6 to 9. According to GYLA, a total of 30 individuals have been arrested under Georgia’s criminal code, but the authorities and police officers responsible for the ill-treatment and excessive use of force against demonstrators have not been prosecuted, despite repeated appeals to the Special Investigation Service (SIS). The GYLA emphasized that “such a lack of accountability makes impunity a practice”.

The monitoring also revealed that Tbilisi City Court have consistently imposed harsh preventive measures, such as imprisonment, without taking into account factors such as the age, health or family status of the detainees. Many of those arrested are under 21, students or from vulnerable backgrounds. Some were the sole breadwinners or caregivers of family members with health problems. The majority of them had no previous convictions and/or had not committed any administrative offenses. Court decisions are largely based on generalized risks, such as fear of absconding, destruction of evidence or the possibility of committing further crimes, the watchdog said.

The GYLA notes that the burden of proof lies with the prosecution and that the prosecution must also justify the use of the most severe preventive measure – detention and stresses that this principle has been breached by court.

The watchdog notes that the court sentenced Aleko Elisashvili, an opposition politician, to imprisonment for a lesser offence (persecution, violence or threat of violence). When using imprisonment as a preventive measure against active opposition politicians, it is important that the prosecution, and subsequently the court, justify the need for imprisonment in such a way that there is no doubt in society that the politician will be neutralized by imprisonment.

The GYLA further condemned the widespread use of torture and degrading treatment against arrested demonstrators. Several detainees reported physical assaults, including opposition coalition – Strong Georgia member Aleko Elisahvili, who was beaten in a police car, and Saba Skhvitaridze, who was attacked by masked individuals after his arrest. Revaz Kiknadze reported psychological abuse, threats and forced confessions against others.

Additionally, GYLA criticized the judiciary for its indifference to the violence against protesters. In one case, Judge Nana Shamatava questioned “whether violence had occurred during criminal or administrative detention.” The lawyers explained that the fact of the violence was recorded during administrative detention, however in fact administrative and criminal detention were continuous. In particular, defendants who were first held on administrative charges for 48 hours were then effectively returned to the detention facility, this time under criminal law, without proper procedural guarantees. Many of the defendants also spoke of the restriction of their right to a defense.

GYLA notes, that according to the judge, since no violence was used against the person during the criminal detention, this was not his subject for consideration. “Such a self-restrictive approach, especially when the law enforcement agencies blurred the line between administrative and criminal proceedings, is inconsistent with the legislation and highlights the judge’s indifference,” the watchdog states.

GYLA notes, that the lawyers have consistently emphasized the lack of evidence to meet the standard of reasonable doubt required for criminal charges, particularly those related to Article 225 (organizing or participating in group violence). The evidence presented often pointed to isolated actions rather than coordinated violence, raising concerns about the misuse of criminal charges to suppress freedom of expression.

Watchdog also emphasized that technical difficulties, such as limited access to session information and the scheduling of hearings during non-working hours, hindered transparency. At one hearing, despite the high number of attendees, the judge refused to hold the session in a larger hall, and police presence was notably heavy.

The arrests and assaults began after Prime Minister Irakli Kobakhidze announced on November 28 that EU integration would be halted until 2028, sparking mass protests. Riot police used excessive force during the demonstrations, leaving many peaceful protesters seriously injured.

The Public Defender has raised alarms over the conditions in detention centers, where reports of torture and mistreatment violate the European Convention on Human Rights, particularly Article 3, which prohibits torture. In response, international partners, including Lithuania, Latvia, Estonia, and Ukraine, have imposed sanctions on Georgian officials responsible for the violence, including Kobakhidze and de facto ruler Bidzina Ivanishvili. The UK government has also suspended all program support to Georgia, restricted defense cooperation, and limited engagement with the Georgian government in light of the recent crackdown on protests.

Also Read:

• 09/12/2024 – U.S. Embassy: All Responsible for Violence Must be Held Accountable
• 09/12/2024  – EU Ambassador Condemns Violence Against Demonstrators, Journalists
• 08/12/2024  – Brutal Attack on Opposition Members and TV Pirveli Crew as Repression Intensifies
• 07/12/2024  – GYLA Speaks of “Systematic and Violent Repression” Against Citizens

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