Public Defender submits amicus curiae brief to Tbilisi City Court in case against accused Paata Manjgaladze

On March 23, the Public Defender of Georgia submitted an amicus curiae (“friend of the court”) brief to the Tbilisi City Court in connection with the case against the accused, Paata Manjgaladze [from the strategy Aghmashenebeli party].

According to the Office of the Public Defender of Georgia, a review of the criminal case materials presented by the defendant’s counsel revealed several significant issues from a human rights perspective.

“Paata Manjgaladze has been charged with organising group violence; however, it remains unclear precisely what actions the accused is alleged to have carried out. He, along with several other defendants, was identified as one of the organisers of a protest, not as an organiser of group violence. Notably, the case file contains no evidence confirming that he incited violence, issued instructions or orders to that effect, or that any plan was devised or roles assigned in concert with the other individuals charged with organising group violence.

The document submitted by the Public Defender examines the substance of the principle of legality as guaranteed by the Constitution and the European Convention, as well as the interpretations of the Supreme Court of Georgia and the prevailing views in legal scholarship regarding cases of organising or leading group violence under criminal law. It underscores the necessity of establishing the existence of a joint plan and a common purpose in cases of co-perpetration, including the specific time of any agreement and the identification of all participants, as well as the joint realisation of the constituent elements of the offence with direct intent, with a functional distribution of roles, and the determination of each participant’s individual role and function. The law precludes the imposition of liability without clarification of these matters.

The Public Defender expresses confidence that the legal arguments set out in the brief will assist the court in reaching its decision. Proper deliberation on the aforementioned circumstances and the presentation of a reasoned position by the court will have a direct bearing both on the protection of individuals’ rights and freedoms, and on the development of future judicial practice,” reads the statement from the Office of the Public Defender.