The trial and conviction of Georgian journalist Mzia Amaglobeli violated her right to a fair trial and constituted an abuse of process, according to a new report by TrialWatch, published by the Clooney Foundation for Justice.
A press release issued by the foundation notes that Mzia Amaglobeli, who was arrested one year ago this week, is the co-founder of the independent Georgian media outlets Batumelebi and Netgazeti and this year’s recipient of the European Parliament’s Sakharov Prize for Freedom of Thought.
“Her prosecution is particularly alarming as it comes amid an ongoing deterioration of press freedom and judicial independence in Georgia under the pro-Russian Georgian Dream party”, reads the report.
Prepared with TrialWatch’s pro bono partner Covington & Burling LLP, the report details serious flaws in the proceedings, including the court’s refusal to admit important defense evidence and witnesses and Amaglobeli’s confinement in a glass “aquarium” that limited communication with counsel and thereby impaired her ability to participate in her defense.
The report also underscores that the sudden reclassification of charges left Amaglobeli with no meaningful opportunity to defend herself against the new elements of the crime of which she was ultimately convicted. Furthermore, the trial judgment failed to provide adequate reasons for the conviction and custodial sentence, a requirement under international law.
“These failings––which were not cured by the proceedings on appeal before the Kutaisi Court of Appeal––evidence an abuse of process—namely, an intention to make an example of one of the most respected independent journalists in Georgia, in order to intimidate other dissenting voices. Prejudicial public statements by senior Georgian officials, including the Prime Minister, had already breached Amaglobeli’s right to the presumption of innocence.
With the case now expected to be appealed to Georgia’s Supreme Court, TrialWatch urges the authorities to overturn Amaglobeli’s conviction, release her immediately, and ensure that the courts operate free from political influence”, reads the press release.