The Alliance of Women with Disabilities has addressed the Prosecutor General’s Office, demanding the release of Eva Shashiashvili, who was detained during a protest.

The statement, released today, 26 November, lists the key reasons why Shashiashvili should be released from pretrial detention:

“Ms. Eva Shashiashvili has been in pretrial detention for the past two months in connection with an ongoing criminal case.

We wish to emphasize that Eva Shashiashvili is an oncology patient and the sole caregiver of her child with disabilities.

Because the mother is in pretrial detention and there is no other caregiver, the child is currently undergoing medical treatment in a relevant healthcare facility under ‘indirect coercion,’ as there is no alternative. In the mother’s absence, the child’s health and life are at serious risk.”

The Alliance cites the Constitution of Georgia:

  • Article 14(4): “The State shall create special conditions for the exercise of the rights and interests of persons with disabilities.”
     This constitutional duty requires law enforcement and judicial bodies to consider the interests of persons with disabilities during proceedings, regardless of whether the person is a party, witness, or has another status. The State must take into account all indirect effects of its actions on persons with disabilities.
  • Article 15: guarantees the right to life and health.
  • Article 36: protects the family.

Additionally, Georgia’s Law on the Rights of Persons with Disabilities provides:

  • Article 2: Ensures equal rights and protection of life and health.
  • Article 4: Recognizes the State’s duty to provide all necessary support to safeguard family ties and the rights of persons with disabilities.

International obligations are also cited, specifically the Convention on the Rights of Persons with Disabilities (CRPD):

  • Article 10 – Right to Life: The State ensures the protection of life for persons with disabilities.
  • Article 19 – Independent Living and Inclusion in the Community: The State provides necessary support, including through family assistance, to enable independent living and full participation in society.
  • Article 23 – Respect for Home and Family: The State promotes the maintenance of families for persons with disabilities, including regular contact with parents and children.

The Alliance emphasizes that Shashiashvili’s pretrial detention constitutes a disproportionate and unjustified restriction of her fundamental rights – life, health, family, and the rights of persons with disabilities.

Demands for Eva Shashiashvili’s Release

  1. Eva Shashiashvili should be immediately released from pretrial detention.
  2. The State must ensure her health and her child’s safety, providing necessary medical and social support.

Supporting documents presented:

  • Medical certificate confirming oncological disease (submitted to the court and on file).
  • Certificate from the child’s medical facility (submitted to the court and on file).

Background: Eva Shashiashvili was detained on 6 October in connection with the 4 October protest.