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On July 5th, 2021, the organizers and the activists of the “Dignity March” became the target subject of persecution from extremist groups, whose lives and wellbeing they threatened on multiple occasions on that day. They could not enjoy their right to assembly and manifestation. Because of this circumstance, on September 27, 2021, GDI, legally representing these individuals, demanded from the Prosecutor’s Office to recognize them as the victims. The law mandated the respective prosecutor to issue the notice of granting or denying this request within 48 hours of submission. Unfortunately, the Office grossly violated the law and ignored GDI’s appeal.
On October 08, 2021, GDI contested the inaction of the prosecutor to her superiors and requested that they mandate the prosecutor in question to uphold her legally mandated duties and to issue a notice on recognizing the applicants as victims. The superior officer at the Prosecutor’s Office has also ignored GDI’s appeal. On October 11, 2021, violating the norms of the Criminal Procedure Code of Georgia, the first instance prosecutor issued a written response to GDI’s statement and the appeal (which was about the violation of legally ascribed prosecutorial duties of this very prosecutor). In her response, the prosecutor noted they would base the decision to recognize the applicants as the victims in the interviews with the victims of the Pride Week events. The prosecutor in question still has issued no order to recognize the victims of the violence.
GDI took to the court to appeal the gross violation of the Criminal Procedure Code of Georgia and the refusal to recognize the victims of the violence. On October 27, 2021, the Court issued an order to reject the appeal logged by the legal representative of the criminal offense victims. The order notes, that: “since the Criminal Procedure Code (procedural part) requirements are not met, and since the appeal does not include the orders of the first instance and superior instance prosecutors on recognizing criminal offense victims, the Court is devoid of any opportunity to verify the veracity of the claims, discuss its circumstances, and therefore there are no legal grounds to satisfy the present appeal.”
The Court did not mandate the prosecutor’s office to remedy the gross violation of legal requirements by the Prosecutor and her superior for their failure to issue an order within 48 hours of receipt of the appeal, and to recognize the victims of a criminal offense. Such acts of the Court set a dangerous precedent, which leaves the arbitrariness of the Prosecutor’s Office unchecked. Should the Prosecutor’s Office fail to issue an order, and disregard legally mandated provisions, it becomes impossible to appeal to the courts. This limits the ability of the victims to address the courts and appeal the Prosecutorial failure of legal duties.
GDI is the legal representative of the July 5th victims. The OSGF funded Project — Legal Aid Network for Activists funded the legal procedures on the case.
