Imposition of 30-Day Administrative Detention on Vakho Sanaia Raises Questions Regarding the Proportionality of Restrictions on Freedom of Expression – Democracy Research Institute

The Democracy Research Institute (DRI) has responded to the imposition of a 30-day administrative detention sentence on journalist Vakho Sanaia, asserting that the court’s decision represents a continuation of the harmful practice of disregarding fundamental human rights.

On October 19, Judge Tornike Kochkiani sentenced Vakho Sanaia to 30 days of administrative detention on the grounds that he had verbally insulted Shalva Papuashvili and Vladimir Bozhadze. In July, the journalist had already spent 14 days in a temporary detention facility—a measure also linked to a post he had published on social media.

According to the Institute, this decision—much like other rulings in similar cases—is particularly concerning regarding the proportionality of restrictions placed on freedom of expression, as well as the protection of human rights within temporary detention facilities. "Freedom of expression is a fundamental right in a democratic society. Restricting an individual’s liberty—even for a minimal period—on the grounds of expressing an opinion runs counter to both the Constitution of Georgia (Article 17) and the European Convention on Human Rights (Article 10)," the statement reads.

The Democracy Research Institute cites a landmark ruling by the European Court of Human Rights—*Lingens v. Austria*—noting that freedom of expression protects not only acceptable or harmless opinions but also statements that may shock, offend, or disturb.

The Institute finds the duration of administrative detention particularly concerning. The statement points out that the increased custodial sanction provided for under the Code of Administrative Offenses—which includes penalties of up to 60 days for "petty hooliganism"—is disproportionate, especially given the conditions in temporary detention facilities, and may lead to the violation of other significant human rights. "A temporary detention facility is not a space intended for long-term imprisonment," the Institute notes, pointing to inadequate hygienic and sanitary conditions within these facilities, as well as issues regarding the provision of proper nutrition—problems which, according to the statement, are particularly severe for individuals held for extended periods.

The Democracy Research Institute assesses that the duration and conditions of administrative detention must comply with human rights protection standards. Prolonged detention in inadequate conditions may give rise to risks concerning the protection of human dignity, the prohibition of inhuman or degrading treatment, and the right to health.

The Institute notes that these rights are protected under Article 9 of the Constitution of Georgia and Article 3 of the European Convention on Human Rights.