The Public Defender, Levan Ioseliani, responds to the events that took place yesterday at the Tbilisi City Court and during the protest on Rustaveli Avenue, issuing a statement in this regard.
As noted in the statement released by the Public Defender’s Office, representatives of the Public Defender visited 11 individuals detained administratively on Rustaveli Avenue, who reported possible excessive use of force, verbal insults, and mistreatment by the police.
According to the Public Defender, several of them had visible injuries on their bodies, including swelling, redness, and bruises.
“As is known to the public, for years, the Public Defender has pointed out the improper practices of law enforcement agencies, where personal searches of individuals detained on drug-related charges were conducted without attempts to create or obtain neutral evidence. Based on the Public Defender’s examination of cases involving individuals accused of drug-related crimes, it has been established that investigations have not attempted to obtain neutral evidence that would confirm the circumstances described in police testimonies regarding personal searches and detentions, including conflicting information provided by the accused and witnesses. According to the Public Defender’s assessment, this established improper practice by police officers contradicts the standards set by the Constitutional Court of Georgia, as well as the practices of the European Court of Human Rights.
Considering the problematic nature and importance of this issue, the Public Defender submitted amicus curiae briefs to the Tbilisi City Court regarding the criminal cases of Giorgi Akhobadze, Tevdore Abramov, and Nikoloz Katsia. Notably, the Tbilisi City Court has already issued acquittals for two of the accused.
Within the scope of its mandate, the Public Defender has access to materials of completed criminal cases. Accordingly, based on its own initiative or requests from interested parties, the Public Defender will continue to assess completed or ongoing criminal cases at the Tbilisi City Court and investigate violations of procedural rights guaranteed by Georgian legislation.
Additionally, last night, representatives of the Public Defender visited the 11 individuals detained administratively on Rustaveli Avenue. The detainees reported possible excessive use of force, verbal insults, and mistreatment by the police. Several of them had visible injuries, primarily swelling, redness, and bruises on their limbs. The Public Defender’s representatives are continuing their visits to meet with the detained individuals. The Public Defender will take appropriate legal action regarding instances of mistreatment and continue monitoring ongoing legal proceedings.
Furthermore, the Public Defender will focus on the harsh treatment and use of force by police officers toward protest participants during detentions and once again reminds law enforcement agencies that the force used during police operations must be proportionate and necessary. The Public Defender will take appropriate action on this issue after further examination.
It is noteworthy that the issue of proportionate use of force during operations remains problematic in court buildings as well, where there may be instances of court bailiffs exceeding their authority toward citizens. After additional examination and assessment within its mandate, the Public Defender’s Office will also address this issue.
The Public Defender also responds to information disseminated through social networks and media platforms, including by politicians and public figures, regarding one of the protest participants (a citizen with alleged mental health issues). Disseminating health-related information in this manner grossly violates the individual’s right to the protection of special category personal data and undermines human dignity. Furthermore, it reinforces stereotypical attitudes toward mental health and encourages discrimination.
The Public Defender once again calls on politicians, public figures, and media outlets to refrain from actions that place individuals in unequal conditions based on mental health and to avoid disseminating statements that reinforce stigma.
The Public Defender also addresses recent statements by various public figures, including Ms. Salome Zourabichvili, which are of a disinformation nature, aimed at damaging the professional reputation of the Public Defender’s institution, increasing distrust toward it, and harming the process of protecting human rights. The Public Defender reminds everyone that it is a constitutional and independent institution that independently oversees and assesses events without interference and informs the public accordingly,” the Public Defender’s statement reads.
The Office of the Public Defender: Eleven individuals detained on Rustaveli Avenue report possible excessive use of force and mistreatment by the police; some show signs of injuries, swelling, redness, and bloodstains
