Factual Circumstances

On 25 November 2024, the Georgian Dream recognized the authority of the 150 members of the parliament of the 11th convocation, despite the European Union and the US having not recognized the legitimacy of the elections until now. Meanwhile, representatives of many EU countries have called for an international investigation of these elections.

Following this event, on 28 November 2024, Irakli Kobakhidze announced that the Georgian Dream was removing the issue of opening EU membership negotiations from the state agenda until the end of 2028. In response to this, massive constant protests began on the same day. 

According to data as of 8 December, since 28 November, up to 500 people have been arrested or had their freedom restricted under the administrative offenses code, while over 30 people have been arrested through criminal mechanisms.  

It should be underlined that the absolute majority of those arrested have reported improper and brutal treatment by police forces. Aside from physical violence and persecution, there have been instances of psychological violence as well. The widespread and systemic violence of police forces is also confirmed by the fact that over 80 of those who had been arrested needed to be hospitalized. Overall, over 300 people who were arrested point to incidents of violent treatment.

Lawyers of the legal aid network (network of civil society organizations) have stated that the majority of arrest victims had been severely beaten, with bruises across the entire body and heavy damage in the facial area, which makes it difficult for them to speak and move. According to detainees, the acts of excessive violence and brutal treatment occurred not only during their arrests but also afterwards, when special task force officers subjected them to physical violence and psychological terror. 

Victims in one of the cases have given a detailed description of the excessive violence used against them and recall that inside a minibus, at least 6 special task forces officers were simultaneously assaulting them, periodically taking turns. The violence was overseen by an elderly man who controlled that the victims would not be dealt fatal harm. Following the merciless beating in the minibus, detainees were marched through a corridor of special task forces, where they were once again physically attacked as they were led to the police car. The special task forces officers also removed shoes from detainees and stole their phones.

Assessment of the Public Defender

The Public Defender of Georgia has also confirmed the incidents of improper treatment by the special task forces. In a statement released on December 3, the Public Defender noted that the detainees had serious injuries primarily to the face, eyes, and head, which makes it impossible to state that the police used proportional force, instead creating a credible perception that the police are using violent methods for punishment, which is tantamount to torture. The Public Defender also confirmed reports from detainees about the police seizing their personal belongings.

On 5 December the Public Defender released further information regarding the mistreatment of detainees and stated that between 28 November and 5 December, representatives of the Public Defender visited 268 people in temporary detention cells and clinics. 191 out of these reported improper treatment, while 138 had visible signs of such.

Scope of Authority of the Special Investigation Service

According to the law, the Special Investigation Service must be an independent investigation body tasked with an effective and impartial investigation of incidents of violent crimes and mistreatment perpetrated by public officials. Article 19 of the Law of Georgia “On the Special Investigation Service” defines the criminal cases that the Special Investigation Service is tasked with investigating.

According to the law, the following crimes, if done by a representative of an enforcement agency, fall under the jurisdiction of the Special Investigation Service: torture, threats of torture, degrading or inhumane treatment, abuse or exceeding of official authority, serious, less serious, or minor injury to health, violence, etc. The same investigative body's authority includes the investigation of incidents of illegal interference with a journalist's professional activities.

In addition, the legislation grants the Special Investigation Service the authority to conduct a full-scale investigation into a criminal case under its jurisdiction and to carry out operational-search activities, including the use of coercive measures.

Therefore, the Special Investigation Service carries the responsibility to investigate violent crimes perpetrated by law enforcement officials, a task for which it is authorized to conduct a comprehensive investigation.

Inadequate Response from the Special Investigation Service to Alleged Crimes

On 30 November 2024, the Special Investigation Service issued a statement noting that based on incoming reports and video footage covered by the media, an investigation had been launched into the facts of law enforcement officers exceeding their official authority through violence against protest participants and media representatives. According to the Service, their investigators were carrying out all necessary investigative actions. Despite the fact that the Special Investigation Service has been claiming this for several days, its actions aimed at investigating the crimes cannot be called sufficient and adequate.

It should be noted that numerous video materials have been disseminated in public spaces, which reflect incidents of crimes perpetrated by law enforcement officers. Despite this fact, none of them have been indicted to this day and not one representative of law enforcement agencies has been arrested. This is particularly alarming given that both the lawyers of the legal aid network as well as representatives of the Public Defender point to the sheer scope of the mistreatment. It should also be underlined that the protests are still ongoing and there is a high possibility that police forces will repeat the criminal acts as they remain unpunished.

According to publicly available information, the Special Investigation Service has not utilized any of the measures allowed under the law against any of the representatives of law enforcement agencies. None of them have been indicted. Keeping this in mind, the statements made by the Special Investigation Service that the investigators are processing a large volume of information cannot be considered an appropriate response. Considering the large-scale and systemic character of the violence perpetrated by representatives of law enforcement agencies, it is critically important for the Special Investigation Service to engage mechanisms that would create a realistic expectation that perpetrators will be held accountable. Sufficient evidence is readily available including publicly disseminated photo and video materials.

As such, the Special Investigation Service launching investigations and collecting/analyzing information regarding the crimes perpetrated by representatives of law enforcement agencies cannot be considered as conducting an effective investigation. It has been over 10 days of constant protests, and most days there are multiple incidents of mistreatment of protesters. Under these circumstances, the Special Investigation Service merely launching a formal investigation, the failure to properly identify legal qualifications to criminal acts (torture, inhumane treatment), and the failure to use effective investigative measures should be perceived as a refusal by the Service to exercise its authority.

The people arrested and detained at the protests who became victims of torture, inhumane treatment, and violence, point to an identical criminal scheme, which gives the Special Investigation Service the opportunity to carry out preventive and proactive measures within the scope of its authority. 

IDFI believes that the investigators of the Special Investigation Service must be physically present at the protests, at the spots where law enforcement activities are being carried out, and immediately arrest representatives of police and special forces as they are perpetrating crimes of torture, inhumane treatment, and violence.