Statements

We, the signatories named below, issue the present statement in reaction to November 8 media reports about alleged police violence against lawyer of Legal Aid Service, Giorgi Mdinaradze. As a result, the lawyer suffered injuries, also documented by media footage. Detailed description of the injuries has also been published by the Public Defender’s office. Representatives of the Public Defender visited the victim in person. 

We would like to first and foremost express our deepest concern about alleged physical harassment and disruption of lawyer’s work, with alleged involvement of law enforcement authorities. Such incidents further intensify public mistrust towards police, undermine significance of all reforms in the field of law enforcement and substantially harm professional activities of lawyers. 

As far as we know, the Prosecutor’s Office has launched the investigation; however, the position of the Ministry of Internal Affairs about the incident remains unclear. The MIA explained that Giorgi Mdinaradze was arrested on charges of administrative offense but it feels unnecessary to elaborate when and how the lawyer may have suffered the injuries. The indifference of the ministry especially alarming considering that the Ministry has confirmed that G.Mdinaradze was in police custody. 

Arbitrary actions of the law enforcement authorities, their excessive use of power and force have been criticized on many occasions. Notably, in a number of instances of physical or verbal abuse, victims implicated high-ranking police officers. Similarly, in Giorgi Mdinaradze’s case the victim has implicated head of the police department and has alleged his involvement in the illegal actions. 

Regrettably, publicized cases of police violence have not been investigated in an effective and prompt manner. Outcomes of these investigations and causes of unreasonably lengthy investigations remain unknown to public. 

Clearly, suspicions about involvement of police chiefs in illegal actions and lack of timely and effective investigation into these cases is perceived by public as a problem stemming from the system as opposed to isolated incidents. 

In addition, indifference of the state towards illegal actions and grave violations by police, their ineffective reaction and tolerance promotes new incidents of violence, especially in absence of an independent investigating mechanism to ensure fulfillment of standards of independent and objective investigation. It is also alarming that the present case involves alleged physical abuse of a lawyer, reaffirming the problem of ineffective mechanisms of responsibility and impunity law enforcement system. 

In relation to Giorgi Mdinaradze’s case, we hereby urge the Office of the Chef Prosecutor of Georgia to: 

• take investigating measures in a timely manner and conclude the investigation within reasonable time; 

• ensure transparent investigation and keep the public informed about outcomes of the investigation; 

• utilize all legal mechanisms for adequate prosecution; 

• ensure safety of the victim and other possible witnesses. 

We urge the Interior Ministry to: 

• suspend from office the head of the fifth police department of Vake-Saburtalo as well as other officers at the department who may be involved; 

• explain how it plans to combat instances of excessive use of force by police. 

Human Rights Education and Monitoring Center (EMC)

Transparency International – Georgia

Article 42 of the Constitution

Identoba

Tolerance and Diversity Institute -Union Sapari

Human Rights Center

Civil Development Agency

Partnership for Human Rights (PHR)

Georgian Democratic Initiative (GDI)

Institute for Development of Freedom of Information (IDFI)

International Society for Fair Elections and Democracy (ISFED)