Innocent people are awaiting your decision. While you deliberate on this inadequate case, somewhere out there are the police officers who harmed citizens, even your friends. If you must make a decision and convict these people, it would mean justifying the violence that took place on the streets from November 28 to December 4. I urge you to make a just decision—an acquittal!
Irakli Chomakhidze addressed Judge Nino Galustashvili during the trial of Giorgi Terishvili, one of the 11 individuals detained during protest rallies, who is accused of participating in group violence.
At today’s hearing, the lawyer delivered his concluding remarks, emphasizing the innocence of his client. In his speech, Chomakhidze cited Supreme Court decisions regarding the “organization of group violence” and provided clarifications.
“Did Terishvili commit an organized crime or not? The word ‘organized’ must not be overlooked, as the prosecution used the phrase ‘group action.’… For so long, the prosecution has tried to prove that participation in group violence does not require organization, but according to Supreme Court decisions, this is not the case. The Chamber clarifies that group crime must be organized.
If it is not proven that the participants knew each other or had connections, the court must issue an acquittal, as also indicated by the Supreme Court. If individuals acted spontaneously as a group, judicial practice rules out organized crime.
The prosecution claims that Zviad Tsetskhladze, Vasil Kadzelashvili, and Vepkhia Kasradze organized and led all possible violent actions. Giorgi Terishvili is accused of throwing objects toward law enforcement, thereby endangering the lives and health of police officers and others in the vicinity. If these circumstances are not proven, the court must issue an acquittal.
Moreover, if the organizer of the crime is not identified, the guilt of the accused cannot be established either. In reality, no organizer has been identified in this case,” Chomakhidze stated.
According to him, the charges against his client, Giorgi Terishvili, state that he participated in organized crime and knew the alleged organizers: Zviad Tsetskhladze, Vasil Kadzelashvili, and Vepkhia Kasradze. However, the lawyer asserts that Terishvili does not know any of the individuals mentioned in the charges, nor does he know the other individuals detained for participating in group violence.
“The testimony of the main investigator, Arsen Khunashvili, is significant. When asked whether Giorgi Terishvili had contact with the other accused, the main investigator stated, ‘At this stage, it has not been established.’ Khunashvili also clarified that Terishvili’s social media was not reviewed, so it is unknown whether he was in contact with any of the accused.
Terishvili is accused of actively participating in violent actions, specifically throwing a long, heavy object toward the police twice. However, a two-minute video recording does not confirm this, and none of the accused appear in the video… Police officers are seen throwing objects at Terishvili and rally participants… Giorgi Terishvili was at the rally to express his position. His attendance at the rally should be considered spontaneous, not organized! The prosecution has failed to present any evidence proving Terishvili’s participation in organized crime, specifically his acquaintance or contact with other detainees… If Terishvili did throw an object, that object has not been seized, and the trajectory of the throw has not been established… The prosecution also failed to specify when, at what time, Terishvili committed a violent act. The falsity of this case is evident, apart from the detainees, in two things: first, the ‘list’ reminiscent of how traitors were listed in the Soviet Union, and second, the approach, as the prosecution clearly tries to fabricate evidence.
You don’t even have the option to reclassify the charges in this case. If you think you can do so, you should not.
We believe this is a politically motivated criminal prosecution aimed at punishing the accused for defending their sovereignty against Russian influence. This was confirmed by the so-called ‘Gavrilov’s Night’ case and this case, where not a single police officer has been detained. Look back and see the brutality with which ‘police officers’ treated people; they are immoral individuals who do not deserve to be free and should be in prison.
Innocent people are awaiting your decision. While you deliberate on this inadequate case, somewhere out there are the police officers who harmed citizens, even your friends. If you must make a decision and convict these people, it would mean justifying the violence that took place on the streets from November 28 to December 4.
Terishvili has an elderly mother, and this must be taken into account. I urge you to make a just decision, not one involving reclassification of charges or a reduced sentence, but an acquittal,” Chomakhidze stated.
As a reminder, during the protest rallies near the Parliament, 11 individuals were detained on charges of participating in group violence.
The detained individuals—Andro Chichinadze, Onise Tskhadadze, Jano Archaia, Ruslan Sivakov, Luka Jabua, Guram Mirtskhulava, Valeri Tetrashvili, Giorgi Terishvili, Irakli Kerashvili, Revaz Kiknadze, and Sergei Kukhartchuk—were charged under Article 225, Part 2 of the Criminal Code of Georgia, which pertains to participation in group violence.
This crime carries a penalty of imprisonment ranging from 4 to 6 years.
Giorgi Terishvili’s lawyer to the judge: You don’t even have the possibility to reclassify the charge; you must not do this – while you are deliberating on this inadequate case here, somewhere out there are the police officers who harmed citizens
