On 19 October, Judge Tornike Kochkiani sentenced journalist Vakho Sanaia to 30 days of administrative detention on the pretext of verbally insulting Shalva Papuashvili and Vladimer Bozhadze. In July, Vakho Sanaia spent 14 days in a temporary detention facility, also in connection with a Facebook post.

This court decision represents a continuation of the flawed practice that has recently aimed at completely disregarding fundamental human rights and normalising such violations.

This decision (as well as other decisions made in similar cases) is particularly noteworthy in two respects: first, whether the restriction of a person’s right to freedom of expression is proportionate and, second, to what extent human rights are protected in temporary detention facilities, where individuals are transferred after being sentenced to administrative detention.

Freedom of expression is one of the fundamental rights in a democratic society. Depriving a person of their liberty, even for a minimal period, for expressing an opinion is contrary to both the Constitution of Georgia (Article 17) and the European Convention on Human Rights (Article 10).

According to the case law of the European Court of Human Rights (Lingens v. Austria), freedom of expression protects not only opinions that are acceptable or harmless, but also statements that may irritate, shock or offend a person.

In this case, the length of administrative detention is particularly alarming. The increased custodial sanction under the Code of Administrative Offences, including for petty hooliganism (up to 60 days), is disproportionate to the conditions in temporary detention facilities and additionally leads to violations of other important human rights.

Temporary detention facilities are not intended for long-term detention. The conditions in these facilities, including inadequate hygiene and sanitation and problems with the provision of adequate food (as reported by individuals held in these facilities), are particularly difficult for those detained for prolonged periods.

The duration and conditions of administrative detention must comply with human rights protection standards. Prolonged detention in inadequate conditions may give rise to risks of violations of the right to respect for human dignity, the prohibition of inhuman or degrading treatment, and the right to health (Article 9 of the Constitution of Georgia and Article 3 of the European Convention on Human Rights).