Public Defender submits amicus curiae brief to Tbilisi Court of Appeals over Aleksandre Elisashvili conviction

Georgia’s Public Defender has submitted an amicus curiae (friend-of-the-court) opinion in the Aleksandre Elisashvili case to the Tbilisi Court of Appeals, according to a statement from the Public Defender’s Office.

The Public Defender’s Office reviewed the trial court verdict provided by the convict’s defence counsel, in which Aleksandre Elisashvili was found guilty of attempted terrorism.

“It is noteworthy that a terrorist act is an offence defined by a specific intent, for which ‘terrorist purpose’ constitutes an essential element of the crime. This requirement is established by the Criminal Code itself, which distinguishes three categories of terrorist purpose. As an indispensable component of the subjective element of the offence (mens rea), it represents a pivotal issue for judicial consideration that must be properly substantiated and backed by compelling arguments.

An examination of the judgment revealed that Tbilisi City Court failed to give due consideration to establishing specific intent, namely, a terrorist purpose. It instead automatically conflated it with Aleksandre Elisashvili’s political protest motive.

In the amicus curiae submission, the Public Defender reviewed international standards, European Court of Human Rights case law, alongside academic and legal literature regarding standards of judicial reasoning, the critical importance of establishing specific intent in terrorism offences, and the legal necessity of distinguishing between motive and purpose.

The Public Defender expresses hope that the submitted amicus curiae opinion will bring greater clarity to the judicial proceedings and assist the Court of Appeals in evaluating the alleged offence and its constituent elements with the legal precision required by the Criminal Code of Georgia, the specific nature of the crime, standards of judicial reasoning, and general principles of law,” the statement from the Public Defender’s Office reads.