Details of the Cases of Rati Tkemaladze and Otar Kvaratskhelia
21 January, 2025
On January 18, late at night near Rustaveli Metro Station, Rati Tkemaladze and Otar Kvaratskhelia were reportedly abducted from Zandukeli Street. Their cases were later consolidated and reviewed by Tbilisi City Court Judge Manuchar Tsatsua on January 20, 2024.
Rati Tkemaladze and Otar Kvaratskhelia were represented by "Rights Georgia" lawyers Mariam Maghradze and Dimitri Nozadze. When evaluating evidence, the judge prioritized that presented by the police, despite the contradictory and inconsistent testimonies provided by the officers. The detained individuals were found guilty under Article 173 (failure to comply with lawful demands of a police officer) and Article 174^1, Part 5 (violating the rules of organizing and conducting assemblies or demonstrations, specifically covering one's face with a mask during a protest) of the Code of Administrative Offenses.
It is noteworthy that the Ministry of Internal Affairs failed to present neutral evidence confirming noncompliance with lawful police demands or the use of face coverings during the protest. The police officers, dressed in civilian clothing, did not visibly identify themselves as law enforcement officers. While the officers claimed they showed their official badges before detaining Rati Tkemaladze and Otar Kvaratskhelia, their conflicting testimonies in court cast doubt on this claim. Witnesses who filmed the detention also denied seeing the police present any identification. The judge did not assess the legality or perception of the police demands, nor the possibility of recognizing individuals dressed in black as police officers.
The officers denied using a vehicle with foreign license plates, stating instead that the detainees were transported to the police station in a civilian vehicle.
Additionally, the decision to convict the detainees for wearing masks during the protest was unfounded. The police failed to provide neutral evidence, such as photos or video recordings, to confirm that the detainees' faces were covered with masks. The judge relied solely on the officers' statements and the detention report, which stated that masks were found in the detainees' bags. Possession of masks in a bag does not necessarily imply their use during the protest. Witnesses presented by the defense confirmed that neither Tkemaladze nor Kvaratskhelia wore masks at the protest. The police did not submit any evidence to refute these claims. One officer could not even recall the nature of the protest or whether others were wearing masks. Nonetheless, Judge Manuchar Tsatsua issued an unsubstantiated decision, imposing a fine of 2,200 GEL on each detainee.
It is worth noting that Otar Kvaratskhelia explained that his detention was a mistake. At the police station, he was accused of launching pyrotechnics at the protest. The police presented video footage showing an individual with similar clothing launching fireworks. After Kvaratskhelia highlighted specific details of his attire, the officers realized he was not the individual in question. However, they still issued a violation report for covering his face with a mask and disobeying lawful police demands. As for Rati Tkemaladze, he was accompanying Kvaratskhelia during the incident.
