TI-Georgia, Georgia's European Orbit view case of 8 protesters as politically motivated 
TI-Georgia, Georgia's European Orbit view case of 8 protesters as politically motivated 

Transparency International-Georgia and Georgia’s European Orbit non-governmental organizations briefed on the case of 8 protesters detained on a charge of group violence.

Representatives of the NGO’s stated that the case was artificial and politically motivated.

“The case against all eight defendants is artificially fabricated and politically motivated. The aim is to punish the defendants for participating in civil protests and to intimidate society as a whole—especially student groups and young people—so that they lose the desire to take part in protest movements.

Three protest participants—Zviad Tsetskhladze, Vefkhia Kasradze, and Vasil Kadzelashvili—are accused of organizing or leading group violence, which carries a sentence of 6 to 9 years in prison.

The remaining 5 defendants—Tornike Goshadze, Nikoloz Javakhishvili, Giorgi Gorgadze, Insaf Aliyev, Irakli Miminoshvili—are accused of participating in group violence, for which the sentence ranges from 4 to 6 years in prison,” they said.

By reviewing 14 volumes of case materials provided by the defendants’ legal representatives, the NGOs concluded:

“There is no totality of coherent, clear, and convincing evidence in the criminal case materials that would confirm the guilt of any of the defendants beyond a reasonable doubt.

The main evidence collected in the case—audio-visual material—was obtained in violation of criminal procedural legislation and constitutes inadmissible evidence, which cannot be the basis for a guilty verdict. Inadmissible evidence also includes other evidence that may have been lawfully obtained but originates from inadmissible evidence.

There is no evidence of the existence of a necessary element of the crime attributed to the defendants, as there is no evidence of a pre-arranged, organized group.

There are no other necessary pieces of evidence that would suggest the defendants committed another crime if the qualification of the actions were changed, as there is no causal link between their alleged actions and the resulting outcome.

No effective judicial review over searches and seizures has been implemented.

In the case materials against all defendants, there are records of personal searches, searches of their residences, and in some cases, searches of their vehicles. Formally, all these investigative actions were either conducted based on a court warrant or under “urgent necessity” on the basis of an investigator’s decision, which was later recognized as “lawful” by the court.

Participants in the fabricated case against the accused:

Judges: Theona Epitashvili, Arsen Kalatozishvili, Nana Shamatava, Tamar Mchedlishvili, Irakli Khuskivadze, Lela Maridashvili, Tamar Makharoblidze, David Kurtanidze.

Prosecutors: Shmagi Gobejishvili, Nugzar Chitadze, Vazha Todua, Vakhtang Tsalughelashvili, Giorgi Mukbaniani.

Employees of the Ministry of Internal Affairs: Arsen Khunashvili, David Keburia, David Kurdovanidze,Giorgi Jikia, Malkhaz Shashviashvili,Shalva Jakhua, Levan Basiladze, Giorgi Macharashvili, Genadi Iosebashvili, Levan Nizharadze, David Kitiashvili, Nika Abakelia, Zurab Jgharkava, Mikheil Mchedlishvili, Gela Gulordava, Ivane Phiresashvili, Erekle Metreveli, Konstantine Kereselidze, Nana Jinjikhadze, Giorgi Mkhiedze, Lasha Gerliani, Giorgi Molashkhia, Valerian Tabukashvili, Zviad Goshadze, Bakhar Glunchadze, Vakhtang Dabrundashvili, Eka Zaalishvili, Irakli Gvelesiani,” said representatives of the NGOs at the briefing.