“We are not saying that Bacho Akhalaia did not say this phrase [overthrowing the government]; of course he said it. However, this phrase cannot in any way be considered a crime, because there was no call to action here. It was an expression of opinion during his own trial,” said Ani Nadareishvili, the wife of former Defense Minister Bacho Akhalaia.

According to her, the phrase only prompted a legal response after footage from the court hearing went viral online.

“The defense’s evidence includes transcripts of the questioning of court bailiffs. We are not saying that Bacho Akhalaia did not say this phrase - of course he did. It is simply that in every normal democratic country, a person has freedom of speech and freedom of expression. This phrase cannot in any way be regarded as a crime because there was no incitement. It was the expression of an opinion during his own trial.

Now that they have created this ‘scrolling,’ ‘screening,’ and thought-arrest department, the exact precursor to this was the fact that Bacho was charged for expressing his opinion.

This phrase was repeated at every hearing. They had no reaction whatsoever until footage from the closed court session spread virally across the internet. Only after that did the regime respond legally to this phrase. The same phrase was said: ‘I believe that Bidzina Ivanishvili and this government should be overthrown.’ However, I believe the prosecution removed the first three words and left only the phrase taken out of context in the charges,” Ani Nadareishvili said.

For reference, Bacho Akhalaia has been charged under Article 317 of the Georgian Criminal Code, which concerns public calls for the violent overthrow of Georgia’s constitutional order and state власти. The offense carries a sentence of up to three years in prison.

In addition, in connection with the October 4 case, Bacho Akhalaia has been charged under Part 1 of Article 225 of the Criminal Code with organizing and leading group violence, which carries a sentence of up to nine years in prison.