Court relies on scant evidence in attempt to justify Eduard Marikashvili hooliganism charge
On 23 October 2023, the Tbilisi City Court published a justification regarding its judgment against human rights defender and lawyer Eduard Marikashvilli concerning his participation in a peaceful public protest on 2 June 2023.
On 27 September 2023, Tbilisi City Court issued a judgement against human rights defender and lawyer Eduard Marikashvilli concerning his participation in a peaceful public protest on 2 June 2023. The Court ruled to charge the human rights defender with hooliganism, stating that he had violated Article 166 of the Code of Administrative Offences of Georgia, and ordered Edurad Marikashvili to pay a fine of GEL 500 (approximately EUR 175). The Court also found the human rights defender not guilty of violating the Article 173 of the Code of Administrative Offences of Georgia, an offence which disobeying a legal order from the police. The human rights defender will appeal the decision to charge him with hooliganism.
On 5 July 2023, Tbilisi City Court postponed the trial hearing against human rights defender Eduard Marikashvili until 1 September 2023. On 6 June 2023, the Tbilisi City Court started to review the case of the human rights defender and lawyer Eduard Marikashvili. The human rights defender is accused of hooliganism and disobedience of a legal order from the police. Eduard Marikashvili is on trial for participating in a peaceful public protest on 2 June 2023, where he was arbirtrarily arrested and detained for 48 hours. The human rights defender intends to file a complaint concerning the violation of his right to freedom of assembly, his unlawful detention and the extension of this detention.
Eduard Marikashvili is a Georgian human rights defender and lawyer. In his human rights litigation, he focuses on juvenile justice, criminal law and accountability. He has been Chairperson of the human rights organisation “Georgian Democracy Initiative” (GDI) since 2021. GDI is committed to defending human rights, expanding inclusivity in society and promoting tolerance, as well as strengthening democratic reforms, advancing the rule of law and enhancing transparency and accountability of public institutions. GDI carried out monitoring, open debate, fact-based research and analysis of policy options to address the challenges facing Georgia. Eduard Marikashvili has been working as a human rights lawyer since 2014, and has headed the Legal Aid Centre within the GDI since 2017. He has also been a lecturer in the Free University of Tbilisi since 2019.
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- 13 November 2023 : Court relies on scant evidence in attempt to justify Eduard Marikashvili hooliganism charge
- 29 September 2023 : Human rights defender Eduard Marikashvili charged with hooliganism and fined
- 1 August 2023 : Court hearing in case against Eduard Marikashvili postponed until 1 September 2023 and human rights defender files a complaint against law enforcement officers
- 12 June 2023 : Georgia: Human rights defender and lawyer Eduard Marikashvili arbitrarily detained and facing hooliganism and disobedience charges
On 23 October 2023, the Tbilisi City Court published a justification regarding its judgment against human rights defender and lawyer Eduard Marikashvilli concerning his participation in a peaceful public protest on 2 June 2023.
Eduard Marikashvili is a Georgian human rights defender and lawyer. In his human rights litigation, he focuses on juvenile justice, criminal law, and accountability. He has been Chairperson of the human rights organization “Georgian Democracy Initiative” (GDI) since 2021. GDI is committed to defending human rights, expanding inclusivity in society, and promoting tolerance, as well as strengthening democratic reforms, advancing the rule of law, and enhancing transparency and accountability of public institutions. GDI carried out monitoring, open debate, fact-based research, and analysis of policy options to address the challenges facing Georgia. Eduard Marikashvili has been working as a human rights lawyer since 2014 and has headed the Legal Aid Centre within the GDI since 2017. He has also been a lecturer at the Free University of Tbilisi since 2019.
The justification issued by the court after a considerable lapse of time follows its judgement delivered on 27 September 2023, wherein the Court ruled to charge the human rights defender with hooliganism, stating that he had violated Article 166 of the Code of Administrative Offences of Georgia, and ordering Eduard Marikashvili to pay a fine of GEL 500 (approximately EUR 175). The Court also found the human rights defender not guilty of violating Article 173 of the Code of Administrative Offences of Georgia, an offence that envisions disobeying a legal order from the police. The human rights defender has paid the fine and will appeal the decision to charge him with hooliganism.
Said justification fails to assess whether human rights defender Eduard Marikashvili was arbitrarily detained during his arrest. In its ruling, the Court seemed to rely only on two pieces of evidence: first, the testimony of the police officer on duty on the night of the human rights defender’s detention, and second, a photo of Eduard Marikashvili holding a piece of paper with the word “ირაყლი” written on it, that ridicules the name of the Georgian Prime Minister. Despite this image having been captured, the footage of Eduard Marikashvili’s arrest confirms that he was arrested while holding a blank piece of paper.
During the trial, Eduard Marikashvili's lawyers repeatedly underscored that even protesters with this phrase on their poster should be protected under the provisions of freedom of assembly and freedom of expression. The representatives of the Ministry of Interior failed to address the alleged offensiveness of the word “ირაყლი” since they could not conclude on its meaning. Furthermore, the Court statedin its justification that the word “ირაყლი“ was offensive but failed to elaborate on the reason for this offensiveness and to argue why it was outside the scope of the constitutional right to freedom of expression.
During the cross-examination, the representatives of the Ministry of the Interior stated that the aforementioned photograph of the human rights defender had been sourced from the internet without additional verification. The Court ruled that the paper sign with the writing on it amounted to a disruption of public order and peace. At the same time, the Court disregarded publicly available video and photo evidence of the detention of Eduard Marikashvili, where the human rights defender was visibly seen to be holding a blank piece of paper. In addition to this innacuracy, the testimony of the police officer who arrested Eduard Marikashvili is also problematic. While he claims to have been the one who arrested the human rights defender, from the video evidence that the human rights defender and his lawyers provided to the Court, it is obvious that the police officer in question did not participate in the arrest, nor was he near the site of the arrest at the time of the protests. Furthermore, during the testimony, the police officers could not identify the reason for Eduard Marikashvili’s arrest.
The Court also failed to take into account the Amicus Curie, submitted by the Human Rights Ombudsperson of Georgia, Levan Ioseliani. In this submission, the Ombudsperson expressed their belief that criminalizing citizens detained in front of the Parliament of Georgia on 2 June 2023 would constitute an unjustified infringement of the constitutionally guaranteed freedoms of assembly and expression. Furthermore, the Ombudsperson noted that these events could potentially lead to a situation where peaceful and non-violent acts of protest are classified as a violation of law in the future, posing a threat to the right to peaceful assembly.
Front Line Defenders welcomes the decision to partially acquit human rights defender and lawyer Eduard Marikashvili, agreeing that he did not violate Article 173 of the Code of Administrative Offences of Georgia. However, Front Line Defenders expresses grave concern that Eduard Marikashvili was charged with hooliganism for his participation in a peaceful protest, perceiving this to target the human rights defender for his peaceful and legitimate human rights work. Front Line Defenders urges the Georgian authorities to immediately and unconditionally acquit Eduard Marikashvill of his remaining charges and to ensure a safe environment for human rights defenders and organisations in the country.
On 27 September 2023, Tbilisi City Court issued a judgement against human rights defender and lawyer Eduard Marikashvilli concerning his participation in a peaceful public protest on 2 June 2023. The Court ruled to charge the human rights defender with hooliganism, stating that he had violated Article 166 of the Code of Administrative Offences of Georgia, and ordered Edurad Marikashvili to pay a fine of GEL 500 (approximately EUR 175). The Court also found the human rights defender not guilty of violating the Article 173 of the Code of Administrative Offences of Georgia, an offence which disobeying a legal order from the police. The human rights defender will appeal the decision to charge him with hooliganism.
Eduard Marikashvili is a Georgian human rights defender and lawyer. In his human rights litigation, he focuses on juvenile justice, criminal law and accountability. He has been Chairperson of the human rights organisation “Georgian Democracy Initiative” (GDI) since 2021. GDI is committed to defending human rights, expanding inclusivity in society and promoting tolerance, as well as strengthening democratic reforms, advancing the rule of law and enhancing transparency and accountability of public institutions. GDI carried out monitoring, open debate, fact-based research and analysis of policy options to address the challenges facing Georgia. Eduard Marikashvili has been working as a human rights lawyer since 2014, and has headed the Legal Aid Centre within the GDI since 2017. He has also been a lecturer in the Free University of Tbilisi since 2019.
On 27 September 2023, human rights defender Eduard Mariksahvili was charged with hooliganism for participating in a peaceful public protest on 2 June 2023. On 2 June 2023, the human rights defender demonstrated alongside other peaceful protesters, who expressed their discontent with the Georgian government's foreign policy and Georgia’s growing alliance with the Russian authorities. The human rights defender held a blank piece of paper in his hands. The Court, however, acquitted him of the charges related to the disobidience of a legal order from the police. The human rights defender reported that the Tbilisi City Court has still failed to provide legal reasoning to explain charging Eduard Marikashvili with hooliganism for participation in a peaceful protest. According to law, this explanation should be made available to the human rights defender and his lawyers within a month from the date of the Court ruling.
Front Line Defenders welcomes the decision to partially acquit human rights defender and lawyer Eduard Marikashvili, agreeing that he did not commit a violation of the Article 173 of Code of Administrative Offences of Georgia. However, Front Line Defenders expresses grave concern that Eduard Marikashvili was charged with hooliganism for his participation in a peaceful protest, seeing this as an act which clearly targets the human rights defender for his peaceful and legitimate human rights work. Front Line Defenders urges the Geogrian authorities to immediately and unconditionally acquit Eduard Marikashvill of his remaining charges, and to ensure a safe environment for human rights defenders and organisations in the country.
On 5 July 2023, Tbilisi City Court postponed the trial hearing against human rights defender Eduard Marikashvili until 1 September 2023. The human rights defender faces charges of hooliganism and disobedience of a legal order from the police, offences envisioned under Article 166 and Article 173 of the Code of Administrative Offences of Georgia, for participating in a peaceful public protest on 2 June 2023. The trial commenced on 6 June 2023, with hearings on the merits also taking place on 16 June, 23 June and 5 July 2023. During the hearing on 16 June 2023, the judge decided to merge the cases of Eduard Marikashvili and those of other protesters who were arrested during the protest on 2 June 2023 into one case.
On 15 June 2023, the Human Rights Ombudsperson of Georgia, Levan Ioseliani, submitted an Amicus Curiae to Tbilisi City Court. In this submission, the Ombudsperson expressed the belief that criminalising citizens detained in front of the Parliament of Georgia on 2 June 2023 would constitute an unjustified infringement of the constitutionally guaranteed freedoms of assembly and expression. Furthermore, the Ombudsperson noted, these events could potentially lead to a situation where peaceful and non-violent acts of protest are classified as a violation of law in the future, posing a threat to the right to peaceful assembly.
On 12 June 2023, the human rights defender Eduard Marikashvili and his lawyer filed two motions concerning his arbitrary arrest. The first one petitioned the Special Investigation Service of Georgia to start an investigation into the human rights defender’s unlawful detention and infringement of the right to assembly. On 18 June 2023, this motion was transferred to the Prosecutor General’s Office. The second motion addressed the Head of the Patrol Police, questioning the legality of Eduard Marikashvili’s arrest and the extension of his detention. On 28 June 2023, the Head of the Patrol Police dismissed the claim.
On 6 June 2023, the Tbilisi City Court started to review the case of the human rights defender and lawyer Eduard Marikashvili. The human rights defender is accused of hooliganism and disobedience of a legal order from the police. Eduard Marikashvili is on trial for participating in a peaceful public protest on 2 June 2023, where he was arbirtrarily arrested and detained for 48 hours. The human rights defender intends to file a complaint concerning the violation of his right to freedom of assembly, his unlawful detention and the extension of this detention.
Eduard Marikashvili is a Georgian human rights defender and lawyer. In his human rights litigation, he focuses on juvenile justice, criminal law and accountability. He has been Chairperson of the human rights organisation “Georgian Democracy Initiative” (GDI) since 2021. GDI is committed to defending human rights, expanding inclusivity in society and promoting tolerance, as well as strengthening democratic reforms, advancing the rule of law and enhancing transparency and accountability of public institutions. GDI carried out monitoring, open debate, fact-based research and analysis of policy options to address the challenges facing Georgia. Eduard Marikashvili has been working as a human rights lawyer since 2014, and has headed the Legal Aid Centre within the GDI since 2017. He has also been a lecturer in the Free University of Tbilisi since 2019.
On 2 June 2023, at 10:30 pm, human rights defender and lawyer Eduard Marikashvili arrived to a peaceful protest in front of the Georgian Parliament in Tbilisi. The protesters had gathered to express their discontent with the Georgian government's foreign policy and Georgia’s growing alliance with the Russian authorities. The human rights defender joined the protest to monitor the violation of the peaceful protestors’ rights, as law enforcement officers started to violently arrest and detain them while confiscating and destroying their signs. Eduard Marikashvili joined the protest and held a blank piece of paper in his hands.
At approximetely 11:45 pm, law enforcement officers approached Eduard Marikashvili and a group of other protesters, ripped the white paper from the hands of the human rights defender, destroyed it and arbirtarily arrested him and some other protesters. The law enforcment officers brought the human rights defender to the Georgian Ministry of Interior’s premises in Tbilisi, where he spent several hours. He was then transferred to a pre-trial detention facility in Telavi, where he spent 48 hours. He was repeatedly denied access to his lawyers, Giorgi Tabatadze, Ivane Chitashvili and Merab Mamuladze, who arrived at the Ministry of Interior’s premises. The human rights defender faces charges of hooliganism and disobedience of a legal order from the police, offences envisioned under Article 166 and Article 173 of the Administrative Offences Code of Georgia. He was released after 48 hours in detention.
During the hearing on 6 June 2023 at the Tbilisi City Court, Ana Vazagashvili, the representative of the Ministry of Interior, stated that law enforcement officials did not request the body camera footage from the police officers who detained Eduard Marikashvili, despite previously citing the need to request body camera recordings as the reason for extending his detention. In addition to this, on 3 June 2023, law enforcement officers extended the detention time of the human rights defender from 24 to 48 hours at the written request of the Head of Infantry Police Officers and Non-Contact Patrol Division, Zviad Khurtsilava. This request cited the need to receive and review the evidence from the police body cameras. The Court postponed the hearing on merits until 28 June 2023. Eduard Marikashvili intends to file a complaint concerning the violation of his right to freedom of assembly, his unlawful detention and the extension of this detention.
Front Line Defenders expresses grave concerns about the arbirtary arrest and detention of human rights defender and lawyer Eduard Marikashvili during a peaceful protest, as well as the unfounded charges of hooliganism and disobiedience against him. Arrests and trumped-up charges against peaceful protesters, who express their discontent with Georgian foreign policy and growing political closeness with the Russian Federation, violate citizens’ rights to peaceful assembly and freedom of expression. Such targeting, along with the recent unsuccessful attempt to pass the so-called “foreign agents” bill, contribute to a negative trend that significantly impacts the ability of human rights defenders, lawyers and journalists to carry out their legitimate and non-violant work. Front Line Defenders urges the Georgian authorities to ensure a safe and productive environment for human rights defenders and groups in the country.
Front Line Defenders calls upon the authorities of Georgia to:
- Immediately cease persecution and drop all charges against human rights defender and lawyer Eduard Marikashvili as he is being targeted as a result of his peaceful and legitimate human rights work;
- Ensure the physical and psychological integrity of Eduard Marikashvili;
- Ensure that Eduard Merikashvili is fully reinstated in his rights;
- Ensure that Eduard Merikashvili, as well as other human rights defenders, can exercise his right to freedom of speech and freedom of assembly;
- Cease targeting peaceful protesters in Georgia with arbitrary arrests, detentions and trumped-up charges;
- Guarantee in all circumstances that all human rights defenders in Georgia are able to carry out their human rights activities without fear of reprisals and free of all restrictions, in line with Georgia’s international human rights obligations and commitments.
