Police Misconduct: Legal Defense Against Abuse of Power
The police are obliged to protect public order and the safety of citizens, but there are frequent cases where law enforcement officers themselves violate the law. Police misconduct implies the abuse of official authority, excessive use of force, or improper performance of duties by a police officer. This can manifest in illegal detention, excessive use of physical force, degrading treatment, illegal searches, or issuing baseless fines. The Constitution of Georgia and international conventions strictly protect human rights in interactions with the police. Illegality committed by the police should not remain without a response.
Fighting against police misconduct requires firmness and highly qualified legal assistance, as the citizen opposes a representative of the power structure. Timely involvement of a lawyer is crucial for obtaining evidence (video recordings, witness testimonies) and steering the case in the right direction. The state has an obligation to investigate crimes committed by police officers and compensate for damages caused by illegal actions.
What Does the Police Misconduct Response Service Cover?
Human rights lawyers registered on Legal.ge offer full legal support for incidents involving the police:
- Legal assessment of the incident: Analysis of the police officer's actions from a legal perspective (was there a basis for detention, search, or use of force).
- Filing a complaint with the General Inspection: Submitting a complaint to the General Inspection of the Ministry of Internal Affairs requesting disciplinary liability.
- Requesting an investigation: Appealing to the Prosecutor's Office or the Special Investigation Service to initiate a criminal case (if the action contains signs of a crime).
- Appealing illegal fines: Appealing protocols of administrative offenses to a superior body or court.
- Representation during detention: Protecting the client's rights at the police station from the moment of detention (immediate lawyer visit).
- Compensation for damages: Preparing a civil lawsuit against the Ministry of Internal Affairs demanding compensation for moral and material damage.
Common Scenarios: When is a Lawyer Essential?
Lawyer assistance is critical in the following situations:
- Illegal detention: A person was detained without legal grounds, rights were not explained, or detained with procedural violations.
- Excessive force: A police officer used disproportionate physical force, resulting in injury.
- Planting evidence: There is a suspicion that law enforcement officers illegally "discovered" items (e.g., drugs or weapons) during a search that did not belong to the detainee.
- Verbal abuse: Degrading treatment, threats, or psychological pressure by a police officer to obtain a confession.
- Property damage: Damage to a citizen's property during a police measure (e.g., search or vehicle stop).
Georgian Legal Framework
Police activities are regulated by the Law of Georgia on Police, which strictly defines the rules for the use of force and the principle of proportionality. A police officer has the right to use force only in extreme cases, and it must be adequate to the threat. Any excess is a violation of the law. Appeals of administrative misconduct (fines) are handled according to the Code of Administrative Offences.
In more serious cases, such as violence or inhumane treatment, the case involves articles of the Criminal Code (abuse of official authority with violence). Such cases are investigated by the Special Investigation Service. Article 31 of the Constitution and the European Convention guarantee everyone legal protection from the state in case of violence.
Process Specifics and the Lawyer's Role
Disputes against the police are difficult because a "word against word" situation often arises. The lawyer's role is to find objective evidence: requesting body camera recordings, appointing expertise to record injuries, and interviewing witnesses. The lawyer ensures that your complaint does not get lost in the bureaucratic apparatus and that a real investigation takes place. In the damages compensation part, the lawyer will help you substantiate the amount of moral damage, which is often difficult to achieve in court practice without a qualified representative.
Protect Your Rights with Legal.ge
If you or your loved one has become a victim of illegal police action, do not accept injustice. Legal.ge allows you to contact experienced lawyers who are not afraid to go against the system and have experience in legal battles with the police. Our specialists will defend you and ensure the rule of law is upheld.
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