«Your name should not be forgotten! - Group violence is what you and the judicial system are perpetrating against every citizen of Georgia»
Sergei Kukharchuk, along with 10 others, was arrested for participating in pro-European rallies held in November-December 2024. They were charged under Article 225, Part 2 of the Criminal Code, which involves participation in group violence. This offense carries a sentence of 4 to 6 years of imprisonment.
The case was heard in Tbilisi City Court, presided over by Judge Ketevan Jachvadze. On January 10, 2025, after an approximately 8-hour hearing, the judge granted the prosecutor's motion and remanded Sergei Kukharchuk and the other defendants in custody.
The court process became a subject of mixed evaluations. The International Society for Fair Elections and Democracy (ISFED) noted that the prosecutor's motion to use detention was not adequately substantiated. The organization called on the prosecutor's office to change the preventive measure to a lighter one. However, the prosecutor's office disregarded the rule of criminal procedure law, which stipulates that detention as a preventive measure should be used only if it is the sole means to prevent the risks posed by the accused.
The lawyers requested a change in the preventive measure and the court to set bail, but their request was not granted.
The court process drew significant public resonance. The fifth President of Georgia, Salome Zurabishvili, strongly criticized Judge Ketevan Jachvadze's decision and called it "shameful." According to her, "Group violence is what you and the entire judicial system are perpetrating against every citizen of Georgia."
During the court process, a number of issues emerged that are legally questionable:
These circumstances raise doubts about the fairness and objectivity of the court process.
