Photo: Guram Muradov

The Social Justice Center evaluates the ongoing investigation by the Special Investigation Service of the incidents of maltreatment by law enforcement officers against participants of protest rallies held in Tbilisi in the spring and autumn of 2024. The organization represents the interests of up to 60 individuals harmed during both the spring and autumn protests, in both local and international court, and has access to the criminal case files. The evaluation presented below is based on the very analysis of these case files.

As it is known, in April and May of 2024, during the rallies against the so-called 'Russian Law,' the police violently dispersed peaceful demonstrations using excessive police force without any relevant legal basis. Employees of the Ministry of Internal Affairs massively used disproportionate force against peaceful demonstrators and demonstratively physically assaulted the citizens. [1] More than half of those detained during the protests against the 'Russian Law' in April and May 2024, reported misconduct by law enforcement officers. [2] The Special Investigation Service launched an investigation into these incidents, and as of now, 43 participants of the spring protests have officially received victim status.

On November 28, 2024, Irakli Kobakhidze’s statement regarding the suspension of Georgia’s accession to the EU were followed by mass public protests. During the rallies held before December 9, 2024, employees of the Ministry of Internal Affairs used disproportionate force against demonstrators. [3] In many cases, the actions committed by law enforcement officers, [4] based on their nature, intensity and brutality, amount to torture, inhuman treatment and punishment. This is noted both by those detained during the demonstrations and by the Public Defender of Georgia. [5] Same findings have been documented in reports by international NGOs. [6] According to the report done by local human rights organizations, 77.7% of the 117 respondents interviewed stated that they were subjected to violence and maltreatment by the police in the context of the protests held between November 19 and January 28. The scale of the violence, the coordinated participation of different units of the Ministry of Internal Affairs, the compatibility of the torture victim testimonies, the identical actions taking place on different dates, the absence of the state’s reaction to the violence, and, in some cases, its endorsement, all point to the systemic pattern of the torture and the organized character of this crime. [7]

From November 28 to December 9, 2024, police officers detained more than 400 protest participants on administrative charges. In this case as well, the absolute majority of the detained reported incidents of improper treatment by employees of the Ministry of Internal Affairs, following by a launch of investigation by the Special Investigation Service. Only 20 individuals represented by the Social Justice Center received victim status.

Despite the victim status, the Special Investigation Service has not yet identified any guilty party connected to the incidents of improper treatment revealed during either the spring or autumn protests, nor is there any criminal prosecution initiated against them.

According to the assessment of the Social Justice Center, the Special Investigation Service is only formally conducting the investigation of the cases of improper treatment by employees of the Ministry of Internal Affairs against citizens during both the spring and autumn protests, and based on the investigative actions so far, it is impossible to identify the offenders.

The investigation of the systemic human rights violations during the 2024 protests is characterized by several substantial flaws. Classification of crimes, the failure to take investigative actions, or conducting them inadequately – are all problematic. In greater detail:

Problem of insufficient legal classification: During the demonstrations disproportionate force was constantly used against demonstrators. [8] However, in both the spring and autumn, the investigation of the alleged crimes committed by law enforcement officers is being conducted under Article 333, Part 3, Subparagraph 'b' of the Criminal Code of Georgia, which deals with the abuse of authority with violence or threat with a firearm. The analysis of cases handled by the Social Justice Center showcases that the victims were exposed to abusive, inhuman treatment, or torture, which is punishable under Articles 144¹ and 144³ of the Criminal Code of Georgia. Moreover, the act of commitment of the aforementioned crime was fully motivated by hatred based on the political or other views of the protesters, which, according to the Criminal Code of Georgia, is an aggravating circumstance and must be considered when determining the legal classification of the crime. On top of that, most likely, law enforcement officers unlawfully detailed citizens and the seized their personal belongings, these actions are also not considered in the legal classification of the case. Must be noted, that the Social Justice Center has submitted multiple motions to the Prosecutor’s Office of Georgia asking for a reclassification of the case. However, we were informed with a formal response from the supervising prosecutor, that the issue of legal classification would be specified at other stages of the investigation.

Misconduct or improper conduct of procedural actions: In both the spring and autumn of 2024, the Special Investigation Service carried out a number of investigative actions: interviewed victims, appointed examination, extracted and reviewed video footage, studied court records of individuals detained on administrative charges, and more. A number of investigative actions have been characterized by faults in terms of both timeliness and effectiveness. The study of the cases reveals that the Special Investigation Service hasn’t in fact questioned mid and high-level police officers who may possess more information about the disproportionate use of force against citizens by law enforcement, or who were making decisions directly at the rallies, also while dispersing the demonstrations. The Special Investigation Service has not questioned any high-level law enforcement officials in the context of the investigations of neither the spring, nor the autumn-winter 2024 protests. Individuals such as Zviad Kharazishvili, the head of the Special Tasks Department, or others responsible for the special operation. This must be regarded as another fundamental flaw of the investigation. This is especially concerning considering that a substantial amount of information related to the planning and execution of the special operation is accessible solely to mid and high-level management. Also, in the frames of the investigation, there was no examination of the data in the mobile phones or other computer equipment belonging to mid- and high-level management of the Ministry of Internal Affairs, which may be referring to important protest-related decisions and could reveal the criminal liability of certain individuals.

Timeliness of receiving the medical examination conclusion: In frames of ongoing investigations, receiving conclusions from prearranged expert examinations has been significantly delayed. For example, during forensic medical examination, the investigative service addresses the Levan Samkharauli National Forensics Bureau to determine the existence of body injuries, the ways they were inflicted, their degree, allocation, and age. However, out of the 8 medical examinations arranged for the cases related to the spring protests handled by the Social Justice Center, only 3 individuals have received medical conclusions so far.

Concealment or destruction of the information collected from electronic devices: As it is known, employees of the Special Tasks Department of the Ministry of Internal Affairs, who physically assaulted peaceful demonstrators, show up at protest rallies in masks and without any identification markings. This considerably increases the interest in the study of information collected or transmitted from electronic devices used by ministry employees during the protests. Apart from the surveillance camera systems located around the city, police units themselves also conduct video recordings. For example, patrol police are equipped with body cameras, while their vehicles have onboard computers with video recording function. Different police units constantly use handheld radios, also known as walkie-talkies. Additionally, during the execution of special police operations, mobile phones and the communication apps installed on them have a significant role. Despite the massive human rights violations revealed during both the spring and autumn-winter 2024 protests, the investigation hasn’t yet managed to obtain any evidence that would identify a responsible individual. Several state institutions, including the Parliament of Georgia, Tbilisi City Hall, the State Security Service, and the National Museum, have informed the Special Investigation Service that their surveillance cameras were either malfunctioning or not recording video footage. Additionally, according to the case files, handheld radios and onboard computers were malfunctioning and do not convey notable information for investigation. During the rallies held during both seasons, the LEPL Operative-Technical Agency informed the Special Investigation Service that the handheld radios were malfunctioning and could not record transmitted communications. Importantly, the Special Investigation Service has not conducted any additional investigative or procedural actions regarding this issue, including the computer-technical examination.

After identification of the mentioned flaws, the Social Justice Center submitted multiple motions to both the Special Investigation Service and the Prosecutor General’s Office, appealing for additional investigative and procedural actions. Although, in every case we were given a blank response, that the investigation is ongoing and that multiple investigative actions are being taken during the process. Despite the response, the Social Justice Center believes that the investigation is essentially formal and it does not aim to achieve any legal outcome.

It is evident that this situation promotes a climate of impunity and creates a terrifying and insecure environment for peaceful citizens. The systemic nature of repression and impunity along with the current developments in the country—the severe restriction and weakening of media and civil society space, threats of dissolution of political parties, dramatic restrictions and practical criminalization of right to freedom of assembly, and the politicization of the judiciary—all indicate towards an alarming possibility of transitioning into consolidated authoritarianism.

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