Social Justice Center Submits Amicus Curiae Brief on Amaghlobeli Case to Batumi City Court

On March 17, the Social Justice Center (SJC) filed an Amicus Curiae with the Batumi City Court on the case of Mzia Amaghlobeli, director of the Netgazeti/Batumelebi publication. It aims to guide the court in fairly assessing the case, questioning the criminal qualification of Amaglobeli’s actions, emphasizing her actions were provoked by police misconduct, and highlighting the broader implications for media freedom and fair legal practices.

The amicus curiae brief emphasizes that the case should be assessed in the “factual context” that preceded the criminal charges, referring to her arbitrary administrative detention and the protest conditions under which Amaghlobeli slapped Dgebuadze.

It is important for the Court to properly assess whether Mzia Amaglobeli’s actions were provoked by the unlawful conduct of the police, the brief says.

The opinion also analyses the article in question (353 Prima), arguing that three conditions must be met for this article to be applied: 1. The attack must be particularly aggressive, 2. The attack must be based on direct intent, and 3. The attack must be related to the police officer’s professional duties. “In the case of Mzia Amaghlobeli, it is clear that we do not have any of these qualifying signs,” the SJC said, adding that Amaghlobeli’s allegedly “illegal” action “excludes the intention to attack a police officer”.

The Social Justice Center also argues that Amaglobeli’s actions should not be classified under Article 126 of the Criminal Code, which deals with violence and causing physical pain, since there is no evidence that the police officer suffered severe pain. The opinion stresses that criminal sanctions should only be used as a last resort, especially in cases of minor offenses.

The SJC also identifies procedural challenges in the case. “During the pre-trial hearing, the court ruled that almost all of the defense’s evidence was inadmissible while accepting all of the prosecution’s motions regarding the admissibility of evidence.” There is also a conflict of interest, the document says, “as the head of the Batumi Police Department is considered to be the injured party, while at the initial stage of the investigation, the case was investigated by the investigative unit of the Adjara Police Department.” The organization argues that these shortcomings undermine public confidence in both, the trial and the final outcome.

The amicus curiae brief also stresses that Amaghlobeli’s past activities and the high standard of independence of the Batumelebi publication raise concerns of political persecution and an attempt to eliminate media pluralism. The SJC urges the Court to consider the case’s broader implications for press freedom and justice, especially given the public interest and the potential misuse of criminal law against journalists.

The SJC, through its Amicus Curiae brief, urges the court to note that since the elements of the crime under Article 353 Prima of the Criminal Code are not clearly defined, this allows for inconsistent interpretations and unfair application in practice. Therefore, the SJC recommends that the judge submit a referral to the Constitutional Court for clarification of the normative content of the article.

Also Read:

• 20/01/2025 – GYLA: Amaghlobeli Criminal Prosecution a Political Repression
• 16/01/2025 – Public Defender Tells Court Amaghlobeli’s Detention Unjustified
• 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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