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DRI: The court was guided only by the testimonies of police officers at the trial of persons arrested during forced eviction
25.01.2024
According to the Democracy Research Institute, the case of two people who were arrested for administrative offences during the eviction of a family from a residential building located on Kekelidze Street was formally processed in Tbilisi City Court, and the decision is not based on the assessment of individual circumstances.

On January 23, 18 people were arrested for disobeying the police officer's legal request and violating public order during the forced eviction of a family from the residential building located on Kekelidze Street. Two participants in the protest, Olgha Chelidze and Nona Ghurchumelidze, were declared lawbreakers on the basis of disobedience to the police officer's legal request and were fined GEL 2,000.
Observers from the Democracy Research Institute attended the trial. According to the DRI observer, during the trial, judge Irakli Chikashua did not objectively assess the individual circumstances related to the case. The evidence presented by the Ministry of Internal Affairs could not prove the fact that the arrested persons had committed administrative offences. The only basis for making the decision was the testimony of the police officers who directly participated in the arrest and attended the trial as witnesses.

The superficial attitude of the court towards the case was also evident in the part of the refusal to grant the motion of the defence. In order to submit additional evidence, the person detained under the administrative procedure applied for the postponement of the trial. According to the detainee, the video footage could clearly show the procedure of his arrest and the fact that he had not committed an administrative offence. The court refused to grant the motion without any ground.

The content of the arrest document was also problematic. In particular, at the trial, the party presented the document that had been handed over to the arrested person, in which, unlike the document presented by the Ministry of Internal Affairs at the trial, verbal abuse of the police officer was not indicated as the basis for the arrest. The very essence of handing over the arrest document to the detainee is to ensure that he has full information about the grounds for the arrest.

Judge Chikashua's mentioned approach is significantly different from the decision made on November 29, when only those participants in the Racha protests, who could be identified in the video footage, were declared by judge Davit Tsereteli as administrative offenders. In other cases, he did not rely only on the testimonies of the police officers and terminated the proceedings.