Legal disputes regarding police misconduct represent a critically important legal service aimed at protecting citizens' rights in cases of abuse of power or illegal actions by law enforcement agencies. In Georgia, where strengthening democratic institutions and protecting human rights are state priorities, misconduct by police officers requires a strict legal response. This service is designed for individuals who have been victims of mistreatment, illegal detention, physical or psychological pressure, or violations of procedural rights by police officers. The involvement of a lawyer in this process is vital, as a dispute against the state's enforcement structures requires not only deep knowledge of legal norms but also courage and a strategic approach. A qualified lawyer ensures that each instance of misconduct is documented and appealed to the appropriate authorities, whether it be the General Inspection, the Special Investigation Service, or the court. Responding to police misconduct is not just about restoring individual rights; it is an act of civic responsibility that helps improve the system and increase the accountability of law enforcement agencies.
Legal services related to police misconduct cover a wide range of actions, starting from the analysis of the incident and continuing to full legal representation. Lawyers work in the following specific areas:
- Challenging illegal detention and arrest: Legal assessment and appeal of cases where a person's freedom was restricted without legal grounds or with procedural violations.
- Responding to physical and verbal abuse: Preparing complaints regarding violence, inhuman or degrading treatment committed by police officers.
- Exposing falsification of evidence: Demanding an investigation into facts of planting, forging, or destroying evidence by the police and establishing the truth.
- Violation of procedural rights: Documenting and appealing cases where the right to a lawyer was ignored, the right to silence was violated, or coerced testimony was obtained.
- Administrative disputes for damages: Filing lawsuits against the state demanding compensation for material and moral damages caused by illegal police actions.
- Liaison with the General Inspection and Special Investigation Service: Representing the client's interests in investigative bodies that investigate crimes committed by law enforcement officers.
In real life, police misconduct manifests in various forms. A common scenario involves the illegal search of a citizen during so-called "raids" or street stops, accompanied by physical abuse or threats. There are frequent cases where detained individuals are not explained their rights, are not allowed to call their family or a lawyer, and are forced to give confessions under psychological pressure. Also, a problematic scenario is administrative detention on charges of petty hooliganism or resistance to police, when in reality the citizen was only lawfully protesting the rude behavior of an officer. There are instances where police use excessive force to disperse peaceful protests, damaging citizens' property or health. In all these scenarios, the intervention of a qualified lawyer is necessary to restore justice.
In Georgia, police actions and their liability are regulated by a legislative framework led by the Constitution of Georgia, which guarantees human inviolability and the protection of dignity. The Criminal Code of Georgia provides for liability for exceeding official powers, abuse of office, and illegal detention. The Criminal Procedure Code of Georgia details the rules for detention and search, the violation of which makes evidence inadmissible. Furthermore, the Law of Georgia on Police defines the standards of police conduct and the principles of proportionality in the use of force. The General Administrative Code of Georgia is significant as it provides the basis for appealing administrative acts and claiming damages. The Law on the Special Investigation Service defines the authority of the agency that directly investigates crimes committed by law enforcement officers.
The process begins with a detailed consultation, where the lawyer reviews the factual circumstances and collects initial evidence (video recordings, witness testimonies, medical reports on injuries). The next step is preparing and filing a complaint with the relevant supervisory body — the General Inspection of the Ministry of Internal Affairs or, if there are signs of a crime, the Special Investigation Service and the Prosecutor's Office. Concurrently, it may be necessary to file an administrative complaint in court to annul a police protocol. In the event of a criminal case being initiated, the lawyer represents the victim's interests during the investigation and court hearings. The final stage may be a civil lawsuit against the state for compensation of moral and material damages.
Legal.ge is a trusted platform that gives you access to the most experienced and principled human rights defenders in Georgia. Specialists registered in our database possess specific experience in disputes against law enforcement agencies and are well acquainted with the internal mechanisms of the system. Finding a lawyer on Legal.ge guarantees that your case will be led by a verified professional who will protect your interests to the end, regardless of the power of the opposing side.
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