GYLA: Legal Team to File Petition to Lift Pre-Trial Detention of Mzia Amaghlobeli

The legal team consisting of the Georgian Young Lawyers Association (GYLA) and of BLB law firm plans to file a petition with the court requesting that the pre-trial detention of the detained Batumelebi/Netgazeti director Mzia Amaghlobeli be lifted, and arguing that the charges against her are legally unfounded, politically motivated, and are an attempt to intimidate the journalist. Amaghlobeli, who has been on a hunger strike for over 32 days, continues to deteriorate in health as she awaits trial.

In a comprehensive report, GYLA and BLB outlined the assessment of Amaghobeli’s case.

Legal Basis for Challenging Detention

Amaghlobeli was detained on January 13 and charged under Article 353¹ of the Georgian Criminal Code, which pertains to assaults on law enforcement officers. Her defense team argues that the pretrial detention imposed by Batumi City Court on January 14 was not only excessive but also unlawful. The defense team pointed out that under Georgian law, pretrial detention should be an exceptional measure and should only be imposed if there are well-grounded suspicions that the accused may obstruct justice, flee, or commit further offenses.

GYLA stated that the court failed to justify why Amaghlobeli posed any such risks and “the court’s decision relied on the prosecution’s abstract and hypothetical position regarding the risks of committing a new crime and the destruction of evidence.”

Moreover, Amaghlobeli’s lawyers argue that the decision contradicts established case law of the European Court of Human Rights (ECtHR). According to them, the ECtHR has repeatedly emphasized that authorities while imposing pre-trial detention must present concrete and individualized justifications for an arrest, rather than relying on vague or general claims.

New Evidence in the Case

Furthermore, GYLA has presented new evidence in Amaghlobeli’s defense—a video recording that contradicts the prosecution’s claims. According to the footage, Amaghlobeli was initially detained by the head of the Adjara Police Department, Grigol Beselia, for merely placing a sticker on a police fence. GYLA said that the administrative arrest protocol falsely stated that she had insulted a police officer.

Thus Mzia Amaglobeli was arrested for an act that does not constitute an offense under Georgian law. The record of the administrative offense itself also falsely identified Gocha Vazadze, the deputy head of the Batumi City Administration, as the person who arrested Mzia Amaglobeli.

Despite a month passing since her initial administrative arrest, she has not received an official violation report, nor has a court reviewed the alleged offense. Her lawyers have appealed the detention, arguing that the false administrative protocol was used as a pretext for her continued incarceration.

Judicial Bias and Questions Over Judge’s Qualifications

One of the key issues raised by the defense is the qualifications of the judge who ruled on Amaghlobeli’s detention. The case was presided over by Judge Nino Sakhelashvili, who, according to records from the High Council of Justice, has only passed qualification exams in civil administrative law. Despite lacking formal training in criminal law, she was assigned to rule on a case involving serious criminal charges.

According to GYLA, since Amaghobeli was sentenced by a judge who is not qualified in criminal law, it “should be considered as a violation” of her “right to a fair trial.”

Unlawful Criminal Charges and Misuse of Article 353 Prima

GYLA argued that the charge against Amaghlobeli—assault on a police officer under Article 353 Prima requires an act of physical violence or a credible threat of violence, violence that is directed at the officer or his family member, intent to cause harm or disrupt law enforcement activities, etc.

According to GYLA, the prosecution has failed to meet any of these criteria. The incident in question – a single open-handed slap caused no significant harm and did not interfere with police operations. The officer in question, Batumi Police Chief Irakli Dgebuadze, reported that he experienced temporary redness and pain which was assessed solely by his subjective perceptions, and “the criminalization of an act cannot depend on the subjective perceptions of the victim.” Therefore, GYLA argued that this case does not meet the threshold for criminal liability under Article 353 Prima and should be dismissed.

Conflict of Interest in the Investigation

According to the defense team, another major concern is the apparent conflict of interest in how the case has been handled. The injured party in the case—Irakli Dgebuadze—is the Head of the Batumi City Police Department, meaning the investigation was initially conducted by officers under his direct authority.

• The main witnesses against Amaghlobeli are six fellow police officers from Dgebuadze’s department.
• The head of the investigative unit, Berdia Peradze, is overseeing the case and is a key prosecution witness, raising further conflict of interest concerns for GYLA.

Although the General Prosecutor’s Office recently transferred the case to the Guria Police Department, the watchdog argues that this change does not eliminate the conflict of interest because the Guria unit remains under the oversight of the Adjara Prosecutor’s Office.

Disputed Administrative Detention

Amaghlobeli’s arrest on January 11 was based on an alleged violation of Article 173 of the Administrative Offenses Code. However, GYLA argues that no such violation occurred.

Video footage reportedly shows that she was detained solely for placing a sticker on a police barricade—an act that does not constitute an administrative offense under Georgian law. Furthermore, she was never issued a formal offense protocol, nor was her case forwarded to court for review.

The lawyers argued that “on January 21, 2025, the administrative detention protocol on behalf of Mzia Amaglobeli was appealed to the Ministry of Internal Affairs, however, no decision has been made regarding the appeal at this time.”

Allegations of Police Mistreatment

Amaghlobeli has accused Batumi Police Chief Irakli Dgebuadze of verbal and physical mistreatment while in custody. She was allegedly denied access to water and meeting with her legal team for several hours after her initial detention, in violation of her fundamental rights. GYLA noted that according to Amaghlobeli, Dgebuadze attempted to physically assault her, and even spat in her face.

Her defense team argued that they notified the Special Investigation Service of Georgia on January 12 about the alleged mistreatment, yet an official investigation was only launched on January 17—five days later. Despite this, Amaghlobeli has not been granted victim status.

“The inaction of the Special Investigation Service confirms that there is no institutional and political willingness to investigate the mistreatment of Mzia Amaglobeli,” GYLA argued.

Health Deterioration Amid Hunger Strike

GYLA announced that the medical group that was established to assess Amaghlobeli’s health condition by the Public Defender Office is reviewing her medical documentation and preparing a written assessment.

The defense team reiterated Amaghlobeli’s position that she does not intend to end her hunger strike and does not wish to receive any privileges due to it. Despite her wish to be transferred to prison, her current health condition requires supervision in a clinical setting, and, based on doctors’ recommendations, she remains in the clinic, GYLA noted.

Calls for Action

GYLA and BLB in consideration of all the above-mentioned details, called for the following:

• The court should grant the defense’s motion, cancel the pretrial detention, and release Mzia Amaghlobeli.
• The Prosecutor’s Office must immediately drop the unlawful charges against her.
• The Special Investigative Service should properly investigate the mistreatment of Amaghlobeli.
• The Prosecutor’s Office must grant her victim status.
• Criminal charges should be brought against Grigol Beselia and the police officers responsible for Amaghlobeli’s unlawful detention.
• Irakli Dgebuadze should be prosecuted for mistreating Amaghlobeli and for the unlawful detention of Tsiala Khatamadze, detained on January 11.
• Criminal proceedings should be initiated against all Ministry of Internal Affairs officials involved in the unlawful detention of protestors in Batumi on January 11-12, 2025.

Also Read:

• 20/01/2025 – GYLA: Amaghlobeli Criminal Prosecution a Political Repression
• 19/01/2025 – Watchdogs: Amaghlobeli Case Tells a Story of Persecution of Independent Press
• 14/01/2025 – Batumi Court Sentences “Batumelebi” Founder Mzia Amaghlobeli to Pretrial Detention
• 12/01/2025 – Batumelebi/Netgazeti Director Investigated on Criminal Charges
  

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