skip to content
News

GYLA: Amaghlobeli Criminal Prosecution a Political Repression

As protests continue across Georgia in solidarity with the detained director of the Batumelebi/Netgazeti Mzia Amaghlobeli, GYLA said that the detention and criminal prosecution of Amaghlobeli “are unlawful and constitute a form of political repression.” GYLA Head Nona Kurdovanidze also said that Amaghlobeli has been on a hunger strike since her arrest.”

GYLA lists the evidence of political persecution:

Arbitrary Administrative Detention

GYLA said that the act of posting stickers, which led to Mzia Amaghlobeli’s initial detention on the evening of January 11, did not constitute a legal violation but rather represented arbitrary detention. She emphasized that such an act “does not require extraordinary effort or resources to remove and does not constitute an administrative offense.” Even if the act were considered an attempt to alter the appearance of property, a MIA officer “would not have the authority to detain an individual for such an action.” GYLA notes that in an attempt to justify the arbitrary detention, the police had drawn up a detention report under Article 173 (Non-compliance with a lawful order) of the Administrative Offenses Code. However, to date, “no formal administrative offense report has been created, nor has a court confirmed that an offense was committed.”

Unlawful Criminal Charge

GYLA said that the reports provided by Dgebuadze did not substantiate the claim that Amaghlobeli should be charged under Article 353 Prima of the Georgian Criminal Code (attack on a police officer). This article requires specific elements, including assault, intent, and connection to the police officer’s professional duties, none of which were evident in the case of Amaghlobeli’s second detention on the night of January 12, when she was charged with allegedly assaulting Dgebuadze.

“Mzia Amaghlobeli’s action could not even have caused physical pain, which excludes a criminal charge under this article or any other, less severe articles of the Criminal Code,” says GYLA. The watchdog contends that the charges were politically motivated and part of a broader pattern of repression.

Procedural Irregularities

GYLA also stresses the violation of the presumption of innocence in the case, since the “court used the fact of Mzia Amaghlobeli’s administrative detention and the potential for a legal violation as the basis for its decision, even though the legality of her detention and the commission of a violation had not yet been established,” adding that this is a “clear bias in favor of the prosecution.”

The case has also raised concerns about procedural irregularities: according to the GYLA there had been a violation of procedural deadlines, with the Batumi City Court failing to send the complaint promptly to Kutaisi Court of Appeals. The complaint was not received by the Kutaisi Court of Appeals until four days later.

Inappropriate Treatment of Amaghlobeli

Additionally, GYLA highlights allegations of inhumane treatment. Before being taken into the building after the second detention, Dgebuadze verbally abused her several times in the yard and threatened to initiate a criminal case against her.

According to Amaghlobeli’s account, during her detention, Dgebuadze allegedly spat in her face and tried to physically abuse her but was stopped by other policemen. “Moreover, for some time, she was not provided with access to drinking water or other basic necessities,” the watchdog’s statement says. Mzia Amaghlobeli repeatedly requested to contact her lawyers, but her requests were ignored for several hours.

Unjust Use of the Strictest Measure of Restraint – Detention

The watchdog said that the court’s decision to remand Amaghlobeli in custody was “unsubstantiated” and based on the “prosecution’s abstract and hypothetical claim regarding the risks of committing a new offense and destroying evidence.” Both the prosecutor and the court ignored the requirement of the Georgian Code of Criminal Procedure that detention should be used only in exceptional cases and that alternative preventive measures should always be preferred.

By unconditionally accepting the prosecutor’s request and basing its decision on the fact of Amaghlobeli’s administrative detention and the potential for a violation of the law, the judge violated Amaghlobeli’s presumption of innocence and demonstrated clear bias in favor of the prosecution, GYLA said.

Failure of SIS to Address Inappropriate Treatment of Mzia Amaghlobeli

On 12 January, the Special Investigation Service was informed of the mistreatment of Amaghlobeli, which is sufficient grounds to open an investigation, but instead of opening an investigation, the SIS opened an “inquiry”, which is not a procedural measure, GYLA said. On January 15, Amaghlobeli provided the Special Investigation Service investigator with detailed information about the ill-treatment. The SIS only confirmed the opening of an investigation today, on January 20, only after the GYLA had submitted an official statement. To date, the Special Investigation Service has not granted Mzia Amaghlobeli victim status, GYLA notes.


On January 20, it became known that Mzia Amaghlobeli had been on a one-week hunger strike in protest against her arrest.

Amaghlobeli sent a letter from the jail on January 20 stating that the “repressive, treacherous, and violent” actions of the Georgian Dream undermine basic freedoms and human rights, adding that the ongoing developments indicate the “establishment of a dictatorship.”

In her letter, she urges Georgians to unite and “fight before it is too late,” calling for resistance against a regime. “Fight until it’s not too late,” she appeals. “Be brave, take care of and strengthen each other. Do not allow Georgia to be isolated from the civilized world.”

On January 20, journalists and colleagues of Amaghlobeli held protest rallies, first in front of the Georgian government administration and then moving to the building of the Special Investigation Service (SIS). The demonstrators are demanding the release of Mzia Amaghlobeli and a meeting with Koka Katsitadze, the head of the SIS. They are calling for the resignation of Batumi police chief Irakli Dgebuadze.

Also Read:

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

Back to top button