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Public Defender Tells Court Amaghlobeli’s Detention Unjustified

The Public Defender of Georgia submitted an Amicus Curiae opinion to the Kutaisi Court of Appeal on January 16 regarding the decision to remand in custody Mzia Amaghlobeli, Director of Batumelebi/Netgazeti publication. The brief argues that there is insufficient and irrelevant evidence to justify pre-trial detention, in line with standards set by criminal procedural law and the European Court of Human Rights. The brief states that such a severe restriction of a person’s liberty, based solely on abstract and potential threats, is unacceptable.

The Public Defender asserts that the Batumi City Court failed to properly address the defense’s proposal for a less severe alternative to detention, offering no adequate justification for its refusal. The statement emphasizes that the Court should consider “a proportionate preventive measure” based on the legal arguments presented in the opinion.

“In its motion for the imposition of a preventive measure, the prosecutor’s office referred to the risks of absconding and the destruction of evidence/influence on witnesses.

“However, the threat that would justify the imposition of the most severe preventive measure and restriction of freedom must be specific,” the Public Defender’s statement reads. “Otherwise, in the face of an abstract threat, the use of imprisonment will be possible in virtually all cases.”

The Public Defender further criticizes the prosecutor’s claim that Amaghlobeli poses a risk of re-offending, primarily based on her prior release from the first administrative detention. The brief contends that the court failed to assess the legality of Amaghlobeli’s previous detention or whether she had committed an administrative offense. “In this context, the Public Defender concluded that this argument does not outweigh the case against pre-trial detention,” the statement says.

Additionally, the Public Defender highlights that the prosecution failed to justify why less restrictive alternatives, such as substantial bail, proposed by defense, could not be applied.

The Public Defender hopes that the Kutaisi Court of Appeal will take into account the legal arguments presented in the amicus curiae’s submission and consider the application of a proportionate and well-founded preventive measure against Mzia Amaglobeli.

Amaghlobeli was arrested on January 12, initially on administrative charges, and later on criminal charges of assaulting Batumi Police Chief, Irakli Dgebuadze. A hearing on January 14 resulted in a decision to place her in pre-trial detention until March 4.

The case has sparked wider concerns over the Georgian government’s treatment of critical media. On January 14, in a show of solidarity, many independent media outlets went on strike for three hours, halting their broadcasts and publications to protest what they see as increasing repressive actions against media representatives under the Georgian Dream government.

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This post is also available in: ქართული (Georgian) Русский (Russian)

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