The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Georgia on 1 October 2025. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received it will be posted on the UN Special Procedures communications database.
Since sending the communication, the Special Rapporteur is relieved to hear that Nino Datashvili has been released on bail. This occurred at the end of October, following a severe deterioration in Ms. Datashvili’s state of health in detention, an issue raised by the Special Rapporteur and her colleagues in the communication.
The Special Rapporteur reiterates her serious concern as to the motivation of the charges brought against Ms. Datashvili and her period in pre-trial detention, in particular given the failure of the government to respond to the questions included in the communication in relation to these concerns. She calls for the charges against Ms. Datashvili to be dropped, and for the authorities to uphold their obligation to create an enabling environment for the exercise of the right to defend human rights in the country.
This is a shorter version of the original communication.
BACKGROUND
Topic: the arrest, prosecution and pre-trial detention of Nino Datashvili.
Ms. Nino Datashvili is a teacher, human rights defender and member of the Talgha movement. The Talgha movement is an informal women-led initiative which has been involved in pro-democracy campaigns on subjects such as participation in elections, as well as peaceful protests, including against the adoption of the so-called ‘Foreign Agents Law’, and campaigns against human rights violations, such as those committed against children at Ninotsminda St Nino Children’s Boarding School, ran by the Georgian Orthodox Church.
ALLEGATIONS
On 9 June 2025, Ms. Datashvili presented herself at Tbilisi City Court in an attempt to observe hearings concerning eight individuals prosecuted in connection with their peaceful participation in protests in 2024. Along with other people there to observe the hearings, she was prevented from doing so by court bailiffs, who blocked their passage to the courtroom. In response, Ms. Datashvili asked the bailiffs to explain the legal basis for their actions, and was surrounded by approximately 4 male bailiffs, who attempted to grab her. When Ms. Datashvili raised her hands in response, attempting to resist, she was grabbed by three of the bailiffs, who carried her away and forced her to the ground with her hands held behind her back. She was then allowed to get to her feet and sit, before a larger group of approximately 6 to 8 bailiffs manhandled her, using excessive force, and threw her out of the courthouse. Upon being thrown out, Ms. Datashvili flailed at one of the bailiffs, swatting at him with her hand in which she held her glasses and phone.
On 20 June 2025, Ms. Datashvili was detained by plainclothes police officers at a bus stop in Tbilisi. She was forced into a car by the police, who did not explain the reason for her arrest or that she was in fact being arrested.
On 21 June 2025, Ms. Datashvili was remanded to preventative pre-trial detention during a hearing at Tbilisi City Court, accused of assaulting a court bailiff and charged under article 353(2)(3) of the Georgian Criminal Code, which carries a potential sentence of four to seven years imprisonment or a fine. An application for bail made by Ms. Datashvili’s lawyers was rejected by the presiding judge.
On 31 July 2025, a request by the prosecutor for the transfer of Ms. Datashvili to a psychiatric institution, in order to undergo a compulsory psychiatric evaluation, was granted by the presiding judge at Tbilisi City Court. The prosecution made the request based on medical records submitted by Ms. Datashvili’s defence lawyers showing that the human rights defender suffers from back pain due to a spinal condition, with heightened emotions as a symptom of the condition. The records were introduced in order to demonstrate Ms. Datashvili’s health needs in detention, as her back pain had been intensifying.
On 2 August 2025, the presiding judge at Tbilisi City Court granted the prosecution’s request for Ms. Datashvili to be involuntarily transferred to a psychiatric institution for a period of up to 20 days.
On 4 August 2025, fake AI-generated images depicting Ms. Datashvili began to circulate on Facebook, showing her with fangs, holding a flag of the European Union and a picture of former Georgian President Mikheil Saakashvili.
On 6 August 2025, Ms. Datashvili was subjected to a psychiatric evaluation in her cell. The evaluation was carried out by the L. Samkharauli Forensic Bureau without her consent and without prior warning being communicated to either her or her lawyers.
On 8 August 2025, Ms. Datashvili’s pre-trial detention was upheld by the Tbilisi City Court on the basis of the alleged risk of her absconding, interfering with witnesses or committing new crimes.
On 22 August 2025, Ms. Datashvili’s lawyers argued for the transfer of the case against Ms. Datashvili to the Court of Appeals, arguing for the recusal of the court given that the witnesses against Ms. Datashvili are bailiffs working at the court. This motion was denied by the presiding judge.
A hearing in the case, scheduled for 8 September 2025, was postponed upon request of Ms. Datashvili’s lawyer in response to her deteriorating health in detention.
On 17 September 2025, the preventive detention of Ms. Datashvili was renewed in a hearing at Tbilisi City Court. The human rights defender was unable to attend the hearing, due to her continuing poor health in detention.
CONCERNS
In the communication, we express our our concern at the arrest, ongoing pre-trial detention and prosecution of Ms. Datashvili, which we fear to be arbitrary, carried out in direct retaliation for her human rights activism. Our concerns in this regard are aggravated by multiple details within the allegations, notably the treatment of Ms. Datashvili by bailiffs at Tbilisi City Court on 9 June 2025, in particular their apparent excessive use of force, as demonstrated in publicly available videos; the alleged manner of her arrest on 20 June 2025, in particular the allegation that the police involved did not identify themselves or inform Ms. Datashvili that she was being arrested; and the request by the prosecution for the transfer of Ms. Datashvili to a psychiatric institution against her will, about which we would like to underline our extreme concern. We express further concern as to the deteriorating health of Ms. Datashvili in detention, and the necessity and proportionality of her confinement given this and our above-detailed concerns.
