Georgia's Legal Battles: Echoes of the Past Amidst Political Tensions

Nino Datashvili

Recent high-profile legal cases in Georgia, involving activist Nino Datashvili and journalist Mzia Amaghlobeli, have drawn significant attention, raising concerns about press freedom, human rights, and the perceived resurgence of Soviet-era repressive tactics against government critics. These cases unfold within a deeply polarised and unstable political climate, where the lines between journalism, activism, and political engagement are often blurred.

The Case of Nino Datashvili: A Psychiatric Evaluation Under Scrutiny

Nino Datashvili, an activist and teacher, currently remains in jail awaiting trial on charges of attacking a parliamentary security officer during a protest, an accusation she denies. Her case has become a symbol of alleged intimidation against government critics. A key controversial aspect of her detention has been a psychiatric evaluation ordered by prosecutors, which was conducted inside a prison facility rather than a civilian hospital. Lawyers and supporters have strongly criticised this move, arguing that the setting was inappropriate and added unnecessary stigma.

Initially, a court order on August 2 mandated Datashvili's forced examination in a psychiatric facility for 20 days, based on 2019 medical records citing "emotional lability" accompanying a spinal condition. This order drew widespread condemnation from legal and mental health professionals, who viewed it as "inhuman treatment" and a "revival of Soviet-era repressive practices of punitive psychiatry".

However, on August 7, the psychiatric evaluation was conducted via an interview in her cell, seemingly an attempt by prosecutors to bypass the controversial court order after significant backlash. Datashvili herself described the in-cell examination as unexpected and expressed confusion about her rights, stating, "I had my bags packed" for transfer. Prosecutor Medea Tsiramua confirmed that experts were sent to the prison given Datashvili's refusal of the transfer, asserting the examination was complete and no further studies would be conducted, citing the defendant's best interests. Despite this, Datashvili's lawyer, Tamuna Gabodze, criticised the "deceptive" examination but also called it an activist's "victory," attributing it to efforts to circumvent the coercive order.

Datashvili has not been diagnosed with any mental health issues and asserts the case against her is politically motivated. She described the process as deeply stressful and considers herself a victim. During court hearings, she recounted alarming details of her arrest on June 20, claiming plainclothes officers did not identify themselves or inform her of her rights. She also stated she was denied access to a lawyer and a toilet for hours, and was forced to undress at the police station. Datashvili further alleged officers made her walk back and forth multiple times to re-film her as they were "unsatisfied" with initial footage, making her feel like an "object, not a human being". The Georgian Young Lawyer’s Association has urged a closer look at her case, raising fairness concerns, and her lawyers are seeking a new judge and court due to perceived bias.

The Amaghlobeli Affair: Press Freedom, Political Pressure, and International Outcry

Mzia Amaghlobeli, founder and director of independent media outlets Batumelebi and Netgazeti, was sentenced to two years in prison on August 6, with time served during her seven months of pretrial detention. She was arrested on January 12, 2025, for slapping the Batumi police chief after being briefly detained for putting up stickers calling for a nationwide strike against the government.

Originally facing 4 to 7 years for attacking a police officer, her charges were downgraded, yet the court imposed the harshest available penalty of imprisonment. Amaghlobeli also claimed she was verbally abused and spat on by police in detention. Her case has sparked a wave of international condemnation, with diplomats, rights groups, and officials describing the ruling as a "blow to media freedom" in Georgia. Amnesty International and Reporters Without Borders have condemned her imprisonment, with the latter stating that the charges are "disproportionate" and the sentence represents "a new step in the government’s use of the justice system to silence critical voices". Twenty-four diplomatic missions, including the European Union, issued a joint statement condemning her "politically motivated" sentencing, declaring that "Being a journalist is not a crime" and calling for her "immediate release". The European Parliament has also called for her "immediate and unconditional release".

Her own media outlets have circulated hashtags like "Journalism is not a crime," framing her imprisonment as a direct attack on journalism. This narrative, portraying her as Georgia's "first female journalist prisoner of conscience," resonated with international human rights organisations. However, sources indicate that she was not arrested while reporting but for a physical act against a police chief, although she had been involved in a political act earlier the same day.

In Georgia, the boundaries between journalism, activism, and political engagement are often fluid, particularly for media outlets critical of the government. Amaghlobeli's media outlets have publicly refused to comply with two "foreign influence laws" introduced by the Georgian Dream government, labelling them "Russian laws". For the Georgian Dream government, Amaghlobeli's act was seen as a "direct assault on the leadership of the police force," an institution critical to maintaining state stability and containing anti-government protests. Allowing her to remain in prison, despite international pressure, is viewed as avoiding a domestic political cost that would signal weakness and strain relations with law enforcement. There is, however, talk that President Mikheil Kavelashvili may issue a pardon for Amaghlobeli to navigate the political quagmire her imprisonment has created.

Echoes of the Soviet Past: Punitive Psychiatry and Lack of Accountability

Both Datashvili's and Amaghlobeli's cases are seen by critics as illustrative of the ruling Georgian Dream party's increasing use of harsh criminal charges to target activists and journalists over relatively minor incidents. Critics, including Datashvili herself, have stated that the government is "following Putin's path" and reviving Soviet-era repressive instruments against "prisoners of conscience".

The forced psychiatric examination of Datashvili specifically evoked memories of Soviet practices, where individuals who expressed dissent against the regime were placed in psychiatric facilities as a form of torture. This tactic aimed to break individuals through torment and "demonise" them by labelling them as "mentally unsound," fostering a deep-seated stigma around mental health that persists in post-Soviet societies. The journalist Nazia Shamanauri's case from 1983, who died in a psychiatric facility after being subjected to forced medication and abuse for exposing corruption, has been recalled in this context.

Notably, David Magradze, who reportedly figured in Shamanauri's case, was also brought in to assess Nino Datashvili in prison. This continuity raises concerns about the lack of accountability for those who participated in similar repressive actions in the past. Critics argue that the absence of a lustration law, which would prevent individuals who served the Soviet regime from holding leading positions, contributes to this problem.

Despite these chilling parallels, there is a belief that the "Soviet repressive instruments" will ultimately fail in Georgia. Unlike the Soviet era, where information was heavily controlled, today's free media and more resilient society offer greater resistance to fear and oppression. While the attempt to use such methods is alarming, the widespread public and organisational condemnation against stigmatisation and forced psychiatric examinations indicates that society is less susceptible to these tactics.

In this environment of crisis and profound political division, "every arrest becomes a battleground, every speech a provocation, and every release a political move". The cases of Nino Datashvili and Mzia Amaghlobeli are thus not merely isolated legal incidents but emblematic of Georgia's ongoing struggle for democratic values and human rights amidst complex domestic and international pressures.