On September 17, the Social Justice Center (SJC) issued a slamming statement on the four-year sentence handed down in the case of Giorgi Shanidze, an activist against the Foreign Agents law. The organization emphasizes that the decision is “an exemplary punishment for political activism” and that the Prosecutor General selectively applied existing strict legislation to Shanidze’s case.
Shanidze was found guilty under Article 265 of the Georgian Criminal Code, which provides for punishment for the illegal cultivation of plants containing narcotics, and Article 187 – damaging surveillance cameras. The SJC notes that the court ruled under both articles, however, he was sentenced for growing three plants of cannabis, therefore he was sentenced to 4 years (under Article 265) and not the year and a half that would be the sentence under Article 187.
The watchdog points out that in cases like Shanidze’s, the Prosecutor and the Court usually use the mechanism of plea bargaining and non-custodial sentences. For example, in 2023, 240 out of 242 cases under Article 265 ended with a plea bargain. SJC notes that this data shows that the reason why plea bargaining didn’t happen in Shanidze’s case is allegedly because of his involvement in the protests.
As for the article on damage to property, the organization stresses that this article has been used in an “extremely problematic” way against demonstrators in recent years, and even in cases of minimal damage, the court sentences demonstrators to the harshest punishment – imprisonment.
“The sentence against Giorgi Shanidze is an example of the political instrumentalization of justice, when a citizen who is undesirable to the government is punished with particular severity,” emphasizes SJC, adding that “this case shows how politicized the Prosecutor’s Office is and how selective its actions can be. Significantly, the government is using drug crime, which for years has been one of the main symbols of unfair, disproportionately harsh punishment, and which Georgian Dream itself promised to reform before coming to power, for such retribution.”
The watchdog also stresses that the use of the criminal justice mechanisms against the demonstrators has become an established practice of suppressing critical opinion. “The verdict against Giorgi Shanidze once again exposes the unjust criminal policy and disproportionately harsh sentences, as well as the politicization of the prosecutor’s office. In response to these challenges, instead of fundamentally reforming criminal policy, the ruling team has completely subjugated the judiciary to partisan interests and influence,” concludes SJC.
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