Worrying Signs of Lack of Fair Trial for Protest Detainees, Watchdogs Say
Georgian watchdogs speak of the worrying trends in the Georgian justice system, including the use of law enforcement institutions against participants in pro-European protests, the absence of a fair trial, and the use of detention as the most severe measure of restraint without proper justification. The watchdogs TI -Georgia, European Orbit, and the Rule of Law Center have issued a report on dozens of individuals detained on criminal law charges during the protests from April 2024 to January 2025. It documents the names, the charges, the current status, and the name of the judge presiding over the case.
Following the 2024 parliamentary elections, 54 people have been prosecuted, 40 of whom are currently in pre-trial detention. In relation to the April-May protests against the foreign agents’ law, 10 people were arrested, three of whom have now been released, one as a result of a plea bargain, another as a result of a presidential pardon, and the third was given a suspended sentence.
The document points out that the state uses various institutions of the legal sector (Ministry of Internal Affairs, Prosecutor’s Office, courts) against individuals involved in pro-European protests. “The coordinated actions of state bodies show that these individuals do not have the right to a fair trial,” the report says.
The document also states that the monitoring highlights the problem of the independence of the judiciary, pointing out that judges’ decisions repeat the prosecution’s arguments and ignore the individual circumstances of the cases.
In addition, defendants often report procedural violations, such as ill-treatment by the police and coerced testimony, which are also ignored by the courts. Detention is often used without considering less severe alternatives, raising concerns about proportionality and fairness.
Prosecution’s requests for detention are formulaic, without specific evidence, although the courts routinely grant them, reflecting the courts’ bias towards the prosecution requests and raising fears of political influence in sensitive cases, the watchdogs emphasize.
“The courts have continued to try cases with state-appointed lawyers who have failed to provide adequate defense, or without any legal representation at all, in serious violation of the rights of the accused to adequate legal assistance and a fair trial,” the document states. It further discusses the criminal cases of participants in pro-European protests, including minors, students, journalists, doctors, actors, academics, activists and politicians.
To know more about the ongoing protests look here: Liveblog: Resistance 2025 | Planned Protests Schedule
Also Read:
- 10/02/2025 – CSOs Warn of Fabricated Drug Charges Against Protesters by Georgian Authorities
- 02/02/2025 – Ombudsman on February 2 Protest: Facts of Excessive Use of Force by Police Disturbing
- 26/12/2024 – Watchdog Says Criminal Code is Used Punitively Against Protesters
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