The Public Defender of Georgia has filed an amicus curiae brief with the Tbilisi City Court in relation to the case of defendant Paata Manjgaladze.

According to the statement released by the Public Defender’s Office, there is no evidence in the case that would prove that Paata Manjgaladze incited violence or issued instructions/orders regarding violence.

“As a result of the study of the criminal case materials presented by the defendant's lawyer, important issues have been identified from a human rights perspective.

Paata Manjgaladze was charged with organizing group violence. However, it is unclear what specific actions the defendant committed. He, like several other defendants, was named as one of the organizers of the rally, not as the organizer of group violence. It is noteworthy that there is no evidence in the case that would prove that he incited violence or issued instructions/orders regarding violence; any document reflecting or proving the development of any plan together with other persons accused of organizing group violence, distribution of roles between them.

The document submitted by the Public Defender reviews the content of the principle of legality guaranteed by the Constitution and the European Convention, as well as, in accordance with the Criminal Code, the explanations of the Supreme Court of Georgia and the opinions established in legal literature regarding cases of organizing/leading group violence, which refer to the necessity of a joint plan and a common goal (specifying the exact time of agreement, identity of participants), the joint implementation of the composition of action by direct intention (with a functional distribution of roles) and the determination of the role and function of each member in the action. The law excludes the possibility of imposing liability without clarifying the above issues.

The Public Defender hopes that the legal argumentation presented in the opinion will assist the court in making a decision. Proper consideration of the above circumstances by the court and the presentation of a reasoned position will have a direct impact on both the provision of the rights and freedoms of individuals, as well as on the development of further court practice”, reads the statement.