Georgia: Appeal partially changes judge's decision in the case of civil activist Ioseb Babaev

Ioseb Babaev case in Georgia

There have been developments in the case of activist Ioseb (Soso) Babaev, who has been an active participant in civil protests in Georgia for many years. Appellate court judge David Akhalbidashvili modified the decision of Gori district court judge Levan Darbaidze, partially granting the prosecutor’s appeal.

Akhalbidashvili ruled that the search of Babaev’s car, during which law enforcement seized firearms, was lawful, while the search of his house was deemed unlawful.

This now provides the prosecution with grounds to charge Ioseb (Soso) Babaev and take the case to court.

“I did not think the appellate court would be under such influence. It seems it has been influenced and legitimized this illegal action, which is a disgrace. I regret such a decision,” said Babaev after the decision was announced.

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What happened

Civil activist Ioseb Babaev was arrested in Gori on June 4 under Article 236 (illegal acquisition, storage, and carrying of firearms). According to Babaev’s lawyer and relatives, weapons (a pistol and a rifle) were planted on him, and he was subjected to physical violence due to his participation in mass civil protests against the “foreign agents” law.

On June 6, Gori District Court Judge Levan Darbaidze declared the investigative actions against Babaev illegal and the evidence inadmissible.

However, the expectation that the prosecution would try to influence the court to some extent was justified, said Alexi Merabishvili, a lawyer with the “Human Rights Center.”

“The Gori District Court and Judge Darbaidze thoroughly explained the reasons why they considered specific investigative actions illegal, and the decision itself was entirely clear and lawful.

Regarding the decision of the appellate court, by partially satisfying the prosecutor’s appeal, the court effectively legitimized the part of the investigative actions where firearms were seized from the car. Consequently, the prosecution now has grounds to charge Ioseb Babaev and bring the case to court,” said Alexi Merabishvili.