Eka Gigauri: When considering criminal cases, courts unjustifiably extend pre-trial detention to detainees, ignoring facts of torture during detention

There are judges in the Tbilisi City Court who are committing illegal acts, who are also sanctioned by Estonia. These judges do not act in accordance with the legislation and constitution of Georgia and violate the law. We call on them to act in accordance with the law and not be part of an oligarchic punitive operation, - said Eka Gigauri, Executive Director of Transparency International Georgia, at a briefing held at the Civil Society Foundation.

According to her, during the consideration of criminal cases, courts unjustifiably impose pre-trial detention on detainees, ignoring the facts of inhuman treatment and torture of the accused during detention.

“Paying fines of 5,000 GEL when the average salary is up to 1,600 GEL, and the median salary is 1,000 GEL, and social assistance per family is an average of 370 GEL per month, is an unimaginable financial and property burden for citizens, especially when the imposition of fines is unjustified and repeated, and the practice of such high fines is inconsistent with international standards.

Since the elections, the state has detained up to 500 people under administrative law and 44 under criminal law. Of those detained under criminal law, 42 are in pre-trial detention. Their age starts at 19 years. Among the detainees are about 10 students and one female journalist.

During the consideration of criminal cases, courts unjustifiably extend pretrial detention to detainees, ignore the facts of inhuman treatment and torture of the accused during detention, and the practice of unjustified and illegal searches. Due to the infrastructure of the courtroom, it is impossible to properly exercise the right to defense, in one case the detainee became ill due to lack of oxygen, interested parties, including even family members of the detainees, are unable to attend the court session,” Eka Gigauri said.

Also, as Eka Gigauri notes, they are starting meetings with business associations and the business sector to explain the current situation, and they also welcome those companies that “expressed the correct civil position” and express hope that their efforts in terms of helping those fined will be strengthened.

Eka Gigauri also drew attention to the violence and degrading treatment of detainees by the police.

According to her, police officers who participate in dispersing rallies and detaining citizens often express negative political views towards the participants of the rally, engage in political discussions with them, mock the protesters and provoke the participants of the rally.

“On January 11, the police in Tbilisi for the second time forcibly detained human rights defender Gia Jvarsheishvili, who required hospitalization due to physical abuse after the arrest. It is noteworthy that during the first arrest, in December, Gia Jvarsheishvili became a victim of torture and inhuman treatment.

After the arrest, those detained by the Batumi police on January 11-12 were subjected to inhuman and degrading treatment. According to several detainees, the police physically abused them, inflicting physical and verbal abuse. Police officers also physically abused protest participants detained at the police station on January 18.

Police officers are not politically neutral, they have a clear political ideology and negative prejudices towards the participants of the protest. Since the beginning of the protests, no one has been brought to justice for any act of violence committed by law enforcement officers or criminal groups against protest participants, activists and journalists. According to the Special Investigation Service, the Prosecutor's Office of Georgia has granted victim status to 52 people. A forensic medical examination has been ordered for 226 people injured at the protest. Also, violence, inhuman and degrading practices against female detainees by the police continue. Nutsa Eremiani, the wife of one of the detainees, Anri Kvaratskhelia, spoke publicly to the media that she was a victim of violence by police officers during a house search, as a result of which her pregnancy was terminated. It is noteworthy that the facts of sexual harassment, inhuman treatment, beatings and threats of rape against the women detained in November-December have still not been investigated and no one has been held accountable.

The practice of illegal “arrests” of protest participants by unidentified individuals, which in its essence takes the form of kidnapping of citizens, also continues. The detainees are abducted from the street by unidentified individuals dressed in civilian clothes, and their whereabouts are unknown to lawyers and family members for hours. This action committed by the police may contain elements of a crime defined by Article 333 of the Criminal Code, which is punishable by imprisonment for a term of up to three years, or elements of a crime provided for by Article 143, which provides for imprisonment for a term of 7 to 10 years,” Eka Gigauri said.