The Public Defender of Georgia has filed an amicus curiae brief with the Tbilisi Court of Appeals regarding the case of Aleksandre Elisashvili.

The Public Defender’s Office reviewed the court judgment presented by the convicted person's lawyer, in which Aleksandre Elisashvili was found guilty of attempted terrorist act.

“It should be noted that a terrorist act is a crime defined by a specific purpose, for which a "terrorist aim" constitutes a necessary element. The Criminal Code itself establishes this requirement and distinguishes three categories of terrorist aims. As an essential component of the subjective element of the crime, this issue is of pivotal importance for judicial review and must be properly substantiated and supported by arguments.

The review of the judgment revealed that the Tbilisi City Court failed to give due attention to establishing the specific intent- specifically, the terrorist aim - and instead automatically equated it with Aleksandre Elisashvili's motive of political protest.

In the amicus curiae brief, the Public Defender reviewed international standards, the practice of the European Court of Human Rights, and academic and other writings regarding standards for the substantiation of court decisions, the importance of establishing "special intent" specifically in relation to terrorist crimes, and the necessity of distinguishing between the motive and purpose.

The Public Defender hopes that the amicus curiae brief will bring greater clarity to the proceedings and assist the Court of Appeal in evaluating the crime in question- and its constituent elements - with the legal precision required by the Criminal Code of Georgia, the specific nature of the offence, standards of substantiation, and general principles of law”, reads the statement released by the Public Defender’s Office.