Devidze
Mate Devidze, a 20-year-old man, (now 21) Georgian citizen and musician, was detained on November 19th during a protest demanding new elections on Melikishvili Avenue in Tbilisi, Georgia. He was accused of assaulting three police officers, Giorgi Estatiashvili, Bidzina Zhamerashvili, and Levan Korelashvili, with a stick-like object.
According to the prosecution, Devidze "suddenly attacked" the officers with a stick-like object, inflicting injuries. While the prosecution claimed the injuries did not result in "health impairment," medical records indicated that two officers sustained injuries to their foreheads, cheeks, and hands. The third officer's injuries remain undocumented. The prosecution's video evidence shows Devidze wielding a stick and making contact with officers, but the sequence of events and the nature of the contact were disputed.
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Immediately following his arrest, Devidze was charged with administrative offenses. However, after his 48-hour detention period expired, the charges were escalated to assault on a police officer under Article 353 of the Criminal Code, carrying a potential sentence of 4 to 7 years in prison.
«If anyone thinks their contribution doesn't matter, let them realize that everything has value because we exist, because we are here for a reason.»
Judge Davit Kupatadze presided over Devidze's case. The initial hearing regarding his pre-trial detention lasted only 25 minutes, with the judge deciding to imprison Devidze after a mere three-minute deliberation without leaving the courtroom. At a later hearing, Judge Davit Mgeliashvili upheld the decision to keep Devidze in custody.
«Each of us, each point, is different and equally important for freedom, for a European future, for life, which is the only correct form of existence.»
Devidze's defense team argued that his actions were instinctive and driven by fear of police brutality, a sentiment echoed in a letter Devidze wrote from prison. They emphasized his young age, lack of prior criminal record, and the disproportionate use of force during his arrest. "He was scared and swinging the stick," his lawyer stated, "He had no intention of hitting anyone." They further pointed out that the police officers themselves had trouble recognizing themselves in the video footage. The defense requested a 2,000 GEL bail and later requested his release, arguing that the investigation was completed and that there was no risk of him fleeing or destroying evidence. They also pointed out the availability of the diversion mechanism in the juvenile justice code, given Devidze's age at the time of the alleged offense.
«We all know that we are on the right path, a difficult but right path.»
The prosecution, led by Ana Khubejashvili, maintained that Devidze's actions were unprovoked and aggressive, justifying the pre-trial detention due to the risk of flight, witness tampering, and repeat offenses. They cited a family member residing abroad as evidence of a flight risk. Khubejashvili stated that the diversion mechanism was not considered because of the perceived high risks involved.
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The case has drawn attention from human rights advocates and political figures. President Salome Zourabichvili expressed concern over the "punitive measures" against young activists, criticizing the severity of the charges. Mate Devidze, in a letter from prison, spoke of his longing for his guitar and the harshness of his imprisonment, but also expressed resolve and gratitude for the support he had received.
The court proceedings revealed several points of contention. The defense argued that the police testimony was inconsistent and that the video evidence did not clearly depict an intentional assault. The speed of the initial hearing and the judge's decision raised questions about due process. Furthermore, the prosecution's refusal to consider the diversion mechanism, despite Devidze's eligibility, was seen by some as overly punitive.
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The next hearing is scheduled for February, where witness testimony will continue. This case has become a focal point in discussions about police conduct, judicial fairness, and the rights of protesters in Georgia.