Davit Koldari, a man raised in a children's home with no known family except his former caretaker, found himself at the center of a legal controversy amidst protests against Georgia's "foreign agents" law.
Koldari was arrested and charged with damage or destruction of property, specifically for allegedly jumping onto a police vehicle and shattering its windshield during an April 16, 2024, protest. The prosecution claimed Koldari was paid to commit this act, a claim he reportedly admitted.
In court, Judge Mikheil Jinjolia presided over Koldari's case, alongside that of Giorgi Kuchuashvili, who was charged with assaulting a police officer during the same protests. Koldari was sentenced to two years and three months in prison.
Concerns arose regarding the handling of Koldari's case, along with those of other protestors. Critics, including family members and human rights advocates, alleged that Judge Jinjolia and Prosecutor Roin Khintibidze deliberately prolonged the court proceedings. This delay, they claimed, was intended to prevent President Salome Zourabichvili from exercising her right to pardon the detainees.
Koldari himself made a statement in court suggesting he felt pressured, saying "I was in a situation where I had no other choice." When the judge asked him to elaborate, he declined. Furthermore, prior to the court hearings, Prosecutor Khintibidze stated that one of the accused had confessed to committing the offense for financial gain, though he did not specify Koldari by name. This raises the question of whether Koldari's confession was freely given, or if it was made under duress, thus potentially violating his legal rights.
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It is noteworthy that according to the law on 2024 amnesty, article one, part two, it is possible for a person to be freed from punishment if the damaged party agrees to amnesty. In Davit Koldari's case, the damaged party was the ministry of internal affairs, whom refused to agree to amnesty.
The broader context of these arrests and trials is the Georgian parliament's adoption of the "foreign agents" law, which sparked widespread protests and international condemnation. The European Council's Venice Commission found the law to be fundamentally flawed and incompatible with international human rights standards. This legal and political backdrop adds another layer of complexity to Koldari's case, raising questions about the fairness and impartiality of the judicial process.