The decision of the investigative panel of the Kutaisi Court of Appeals is another illegal, repressive, and legally flawed act, which unfortunately reaffirms that the Georgian judiciary did not grant Mzia Amaghlobeli the right to review her unlawful imprisonment, according to the Young Lawyers' Association (GYLA).
The statement responds to the Kutaisi Court of Appeals' decision not to accept the complaint in the case of Mzia Amaghlobeli.
As noted in the released information, the video footage presented by the defense team confirms that Mzia Amaghlobeli was unlawfully detained through administrative procedures.
"On February 19, 2025, the investigative panel of the Kutaisi Court of Appeals, under the decision of Judge Vera Dolidze, ruled that the complaint filed by Mzia Amaghlobeli’s defense lawyers was inadmissible.
As the public is aware, on February 13, 2025, we submitted a new petition to the Batumi City Court to annul the imprisonment of Mzia Amaghlobeli. However, on February 14, 2025, Judge Levan Kolbaya of the Batumi City Court deemed the petition inadmissible. The Batumi City Court's decision was challenged as illegal and unfounded in the Kutaisi Court of Appeals.
The circumstances and evidence presented in the petition required the court to first recognize the complaint as admissible, and then decide whether to annul Mzia Amaghlobeli’s detention as a preventive measure.
The defense lawyers presented new substantial evidence, including video footage showing Mzia Amaghlobeli’s unlawful administrative detention. This evidence confirms the illegality of the detention. Furthermore, the petition also included information that all the materials provided by the prosecution were based solely on the statements of law enforcement officials, with no other witnesses. The court was also provided with the record of Mzia Amaghlobeli’s interrogation.
The new substantial evidence submitted by the defense invalidates the hypothetical justifications put forward by the prosecution and the court about the potential for evidence destruction, witness intimidation, or the commission of new crimes by Mzia Amaghlobeli.
Specifically: the video footage presented by the defense confirms that Mzia Amaghlobeli was unlawfully detained through administrative means, she did not harm any law enforcement officers, and the detention protocol, based on Article 173 of the Administrative Offenses Code, is illegal. Therefore, any talk of an increased threat of her committing new crimes, based on a false detention protocol, is entirely without basis.
The record of Mzia Amaghlobeli’s interrogation, along with the video footage of the incident, creates a complete picture of what happened. In this context, it must also be noted that only law enforcement officers have been questioned in the case, and it is impossible for the defendant to influence them. The above arguments leave no theoretical basis for speculation about witness intimidation or evidence destruction.
Despite this, the judge of the Kutaisi Court of Appeals ignored the legal requirements and deemed the defense lawyers' complaint inadmissible.
Similar to the Batumi City Court’s decision on February 14 (Judge Levan Kolbaya), the judge of the Kutaisi Court of Appeals, Vera Dolidze, also did not consider or assess any of the arguments presented by the defense. Furthermore, the judge did not justify why she considered any new substantial evidence presented by the defense to be irrelevant. The judge devoted 14 pages of the 17-page decision to copying the defense’s arguments and the Batumi City Court's decision, and only in one paragraph on the last page did she briefly and unreasonably state that no new substantial evidence was presented that could have been grounds for changing the detention order. The fact that the judge devoted 14 pages to citing the defense’s arguments suggests that the complaint was substantiated, and the judge should have not only admitted it but also granted it.
The decision of the investigative panel of the Kutaisi Court of Appeals is yet another illegal, repressive, and legally flawed act, which unfortunately reaffirms that the Georgian judiciary did not grant Mzia Amaghlobeli the right to review her unlawful imprisonment," the statement concludes.
For reference, on February 19, the Kutaisi Court of Appeals once again refused to accept the complaint in the case of journalist Mzia Amaghlobeli. This is the second time the appellate court has declined to hear the case. It should be noted that Mzia Amaghlobeli, the founder of "Netgazeti" and "Batumelebi," was detained on January 12.