Nika Gvaramia: Developments in Detention and Trial Highlight Serious Rights Violations

On December 4, 2024, at 3:30 PM, opposition leader, Nika Gvaramia was detained under circumstances raising serious concerns about due process and human rights in Georgia. Gvaramia arrived at the office of the opposition party “Coalition for Change” during an ongoing police search and requested to observe the proceedings, a right protected under Georgian law. His request was denied by law enforcement officers, who subjected him to verbal abuse. Following a verbal altercation, Gvaramia was detained in a degrading and inhumane manner and physically assaulted during the arrest. 

Obstruction of Access to Information

Despite Gvaramia’s family and legal representatives repeatedly seeking information about his whereabouts and condition from the Ministry of Internal Affairs, authorities withheld this information for nearly five hours. It was only disclosed at 8:00 PM that he was being held at the Marneuli Temporary Detention Facility.

Legal Violations

Upon gaining access to Gvaramia, his lawyers were informed that he had been arrested under the Administrative Offences Code. However, police failed to specify the charges or provide him with a copy of the administrative offence protocol, as required by law. Instead, Gvaramia overheard officers discussing that he had been charged with “disorderly conduct” and “non-compliance with a lawful order or demand of a law enforcement officer.”

Under the Administrative Offences Code of Georgia, an individual must receive a copy of the offence protocol immediately after its completion. Furthermore, detention without a court decision is limited to 48 hours, and the maximum penalty for such administrative violations is 15 days of arrest. These legal safeguards have been entirely disregarded in Gvaramia’s case.

Court Proceedings

On December 6, 2024, Gvaramia was transferred to Tbilisi City Court. Prior to the transfer, he requested that his legal counsel be notified of the hearing, but this request was denied. At the hearing, Gvaramia refused to proceed without legal representation. The presiding judge allowed a one-hour recess for his lawyers to arrive, but the legal team was provided with the case files only five minutes before the session resumed.

Given the lack of adequate time to review the evidence, Gvaramia’s lawyers requested a postponement to prepare a defense and present evidence to contest the charges. The court rejected the motion and found Gvaramia guilty of “non-compliance with a lawful order or demand of a law enforcement officer.” He was sentenced to 12 days of administrative detention.

Concerns Mount

The detention of Nika Gvaramia underscores serious procedural and legal violations, including an unlawful arrest and physical mistreatment, a failure to provide timely information regarding charges and legal documentation, and the denial of his right to an adequate defense as lawyers were obstructed from preparing for the hearing.

Gvaramia’s detention comes amidst a wave of police violence against pro-EU protesters and journalists covering the widespread demonstrations that began on 28 November. There have been reports of at least 50 journalists injured during violent police dispersals.

Gvaramia’s case raises serious further concerns about Georgia’s adherence to the rule of law and human rights protections.

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Read more about Media Defence’s support for Nika Gvaramia, here and here.