When Police Action Is Unlawful
Police misconduct means an act or omission by a police officer that violates the Georgian Law on Police and harms a person's rights. Article 9 of the law directly provides that the forms, methods and means of police activity must not violate human honour and dignity, must not infringe the right to life, physical integrity and property, or other fundamental rights and freedoms, and must not cause unjustified damage to the environment. In the exercise of police measures, torture and inhuman or degrading treatment are impermissible. These norms are universal and form the yardstick for interpreting any police action — detention, stops, identification or the use of force. Any deviation from them is simultaneously a ground for appeal and a ground for the officer's disciplinary liability.
The Proportionality Principle in Police Measures
Article 12 describes proportionality through three cumulative criteria. A police measure must serve the achievement of a legitimate aim. The chosen measure is suitable if it makes the achievement of that aim possible. It is necessary if no other means is available that would cause less harm in achieving the same aim, both to the addressee of the measure and to third parties. Finally, a necessary measure is proportionate if the harm inflicted on a legally protected good does not exceed the good it was carried out to protect. In addition, a police legal action must cease once its aim has been achieved or where it is evident that the aim cannot be achieved. If an officer's action fails any of these three tests, it is already a violation of the law and a ground for challenge. In practice, analysing a specific incident against each criterion separately is what determines whether the complaint has prospects.
Restrictions on the Use of Coercive Measures
Article 35 grants special protection to vulnerable groups. The use of physical force, special means and firearms is prohibited against persons showing apparent signs of pregnancy, minority, disability or old age. The only exceptions are cases where such persons are armed or attack in a group, or offer armed resistance to a police officer, creating a danger to the life or health of another person or the officer, and where repelling such attack or resistance by other methods and means is impossible. A further exception applies where the non-use of physical force and special means makes the performance of the police function impossible. A violation of these norms is a ground both for appeal and for the officer's disciplinary liability. Documentary fixation of the incident — injuries, witnesses, camera footage — is critically important, because in court the parties prove their positions with evidence.
Where and How to Appeal a Police Officer's Action
Article 56 gives a person who considers that a police officer's action violated their rights and freedoms the right to appeal it, under the procedure established by Georgian legislation, to a superior official, the prosecution service or the court. Several tracks can be distinguished. Under the general rule, a complaint is addressed to a superior official or the prosecutor's office. A police preventive measure carried out in the form of an individual administrative-legal act or an administrative act is appealed under administrative legislation to the administrative body that carried out the measure, where that body has a superior official. A police measure carried out by a senior official is appealed to a superior administrative body. A decision taken on the complaint is subject to review by the common courts under administrative procedure. A police measure carried out on the basis of administrative offence or criminal law norms is appealed under the procedure established by the relevant legislation. The form and deadlines of the complaint are set by procedural legislation, so before drafting it is essential to correctly qualify the legal nature of the action.
Disciplinary Penalties for Police Officers
Article 59-1 defines the penalties that may be imposed on a police officer or other ministry employee for a disciplinary offence. Only one disciplinary penalty may be imposed for a single offence. The types of penalty are:
- a reprimand (remark);
- a censure;
- a severe censure;
- deprivation of the ministry's breast badge;
- withholding of the monetary bonus and the length-of-service supplement for up to 10 calendar days;
- withholding of 10 to 50 percent of the monetary bonus and the length-of-service supplement for a period of 1 to 6 months;
- demotion by one special rank;
- demotion from position;
- dismissal from service or release from position.
When imposing a penalty, the content, gravity and consequences of the offence, the circumstances of its commission, as well as the employee's personality and record of service must be taken into account. The law also singles out special cases: for violence covered by the law, including physical or sexual violence, the disciplinary penalty applied is dismissal from service or release from position, while for certain enumerated offences imposing a mere remark is impermissible. When investigating circumstances related to gambling, the ministry's general inspectorate is entitled to require the employee to submit information on banking transactions within 10 working days. The procedure for imposing and lifting disciplinary penalties is established by the minister's disciplinary statute under the law.
Frequently Asked Questions
Can two disciplinary penalties be imposed for one offence?
No. A police officer or other ministry employee may be imposed only one disciplinary penalty for a single disciplinary offence. The choice of penalty takes into account its content, gravity, consequences and the employee's personality and service record.
Where should I file a complaint against a police officer's action?
Depending on the nature of the action — with a superior official, the prosecution service or the court. A preventive measure carried out as an individual administrative-legal act is first appealed to the relevant administrative body, and the decision taken on the complaint is then examined by the court.
What penalty awaits an officer for violence?
For violence covered by the law, including physical or sexual violence, the disciplinary penalty applied is dismissal from service or release from position. Choosing a lighter penalty is not permitted in such cases.
May force be used against a minor?
As a general rule the use of physical force, special means and firearms is prohibited against minors, pregnant women, persons with disabilities and the elderly. The only exception is an armed or group attack creating a danger to life where repelling it by other means is impossible.
How We Help on Legal.ge
On Legal.ge we help you challenge unlawful police action: we assess its legality against all three proportionality criteria, determine the correct instance and deadlines for appeal, draft the complaint to a superior body, the prosecution service or the administrative court, and represent your interests at every stage. Contact us as soon as the incident occurs — a timely response is the guarantee of preserving evidence.