Imprisonment for Standing on the Sidewalk – Georgian Courts’ New Russian Standards

Today, on 23 January 2025, the Ivanishvili-loyal courts issued several unprecedented decisions for the first time in their already dishonorable history. Participants in civil protests—Sandro Megrelishvili, Dimitri Jamburia, and Nukri Kakulia - were each sentenced to four days of administrative detention, while Mikheil Zakareishvili and Luka Nagliashvili received five days each, for standing on the sidewalk. The decisions were issued by Tbilisi City Court judges Davit Makaradze, Manuchar Tsatsua, and Zviad Tsekvava, with Tsatsua and Tsekvava currently under sanctions.
We consider these decisions to be contrary to the Constitution of Georgia, to all applicable international human rights standards, and to establish a new practice characteristic of authoritarian countries such as Russia.
It is noteworthy that yesterday, another judge of the same court, Tornike Kapanadze, found civil activist Rezi Dumbadze to have committed an administrative offense, but, instead of imprisonment, issued a verbal warning. The court also issued verbal warnings in the cases of Ani Akhmeteli (Judge Zviad Tsekvava) and Natia Chavchanidze (Judge Manuchar Tsatsua).
Legislative amendments, which for the first time provide for administrative detention of up to 15 days for standing on the sidewalk, and, in the case of repeat offenses, criminal punishment of up to one year of imprisonment, were passed by the illegitimate Parliament of “Georgian Dream” on 10 December 2025. Significantly, this legislative amendment, which effectively abolishes one of the fundamental human rights—the freedom of assembly—in our country, was adopted by the so-called Parliament on International Human Rights Day.
Imprisonment for standing on the sidewalk, even as an administrative measure, not to mention criminal punishment, cannot withstand any criticism under either the Constitution of Georgia or the international human rights instruments guaranteeing the freedom of assembly. Georgia has already lost multiple cases at the European Court of Human Rights precisely due to violations of freedom of assembly. For example, a recent judgment in the case of Mekvabishvili v. Georgia found the Georgian state to have violated Articles 6 (right to a fair trial) and 11 (freedom of assembly) of the European Convention on Human Rights.
Judges who have issued or may issue such decisions can never be justified. Their arguments that “this is the law” can never be accepted when the Constitution of Georgia and numerous international conventions, to which Georgia is a party, are violated. In addition to dismissing cases for lack of an offense, they could have suspended proceedings and referred the matter to the Constitutional Court under Article 6, Paragraph 2 of the Civil Procedure Code. This is exactly what their colleague Vladimir Khuchua did, for which he deserves public respect.
“Transparency International – Georgia” continues to defend and will continue to defend the rights of any individual, both before domestic and international courts, whose rights—including freedoms of expression and assembly—have been unlawfully violated by the state. At the request of the complainants, we will file complaints with the European Court of Human Rights in Strasbourg.