It was reported on June 9, 2017, that police arrested rappers of the music group Birja Mafia for drug possession. According to the information released by the Ministry of Internal Affairs, law enforcers seized 1,4965 grams of narcotic substance MDMA during the personal search of M.M. and 2,3342 grams of MDMA during the personal search of G.K. The latter has pleaded guilty. An investigation is in progress into the fact of illegal purchase and possession of narcotic drugs under subparagraph "a” of part 6 of Article 260 of the Criminal Code of Georgia. The Tbilisi City Court ordered detention for both of the persons yesterday.

From the very beginning, the family members related the detention to the music video recently released by the rappers on the internet, which shows a character dressed in a police uniform, which wears a dog belt in one of the scenes. Later, both defendants said the same at the trial. In particular, according to Mikheil Mgaloblishvili, "We decided to mock police in one of our songs, which caused their aggression [...] I blurred the police officer after I realized that danger was coming from them, we thought it was enough [...] I was taken to the pre-trial detention cell, I was told [...] somebody was very upset, I was taken to a room where I was met with swearing. They were cursing those who do not love police. They did not hide they were talking about our video. They asked me if I was the author. I told them that it was me and that I was wrong. They told me to plead guilty and to say that the drugs were mine and I wanted them for personal usage. According to the second detainee, Giorgi Keburia, he was told that he would only be fined in case of pleading guilty. All this was the result of the video, in which police officer is insulted. They could not hide it. An unknown person abused me. They were cursing me and telling me: Let’s see how you will sing now.

It is noteworthy that in the video posted on YouTube on June 4, the character in a police officer is really blurred so that it is impossible to identify him, which strengthens the version of the defendants and their family members.

The Public Defender emphasizes that the content of the video and the visuals used in it are fully protected by freedom of expression. At the same time, as a product of intellectual creativity, it is protected by Article 23 (2) of the Constitution of Georgia, according to which, "Interference in creative process, censorship in the field of creative activity shall be impermissible." No one shall be subjected to any pressure due to enjoyment of his/her right. In addition, it is inadmissible to interfere with the enjoyment of the right. Pursuant to Article 153 of the Criminal Code of Georgia, violation of freedom of speech is punishable. In particular, according to this article, illegal hindrance to freedom of speech or to the right to receive or disseminate information, which caused significant damage or was committed by abusing power, is a crime.

By taking into consideration the above circumstances, the information spread by the defendants and their family members in connection with other possible motives for the detention, including in relation to the video, is of utmost importance. Consequently, the Prosecutor's Office of Georgia should immediately launch an investigation and carry it out timely, thoroughly and objectively.

The Public Defender will closely monitor the case and will periodically inform the public of his assessments.