The Human Rights Center (HRC), a local CSO, published on January 22 an executive report on the Monitoring of Assemblies and Manifestations in Georgia in the year 2023. The report, based on the monitoring of 15 protests held in the capital Tbilisi throughout the year, speaks of violations of the law and human rights of assembly and manifestation. The report identifies following problems revealed during the monitoring process: the violation of national and international laws during the dispersal of the rallies with special means; the violation of the administrative detention rights of those detained during the rally; the participation of unidentified police officers in facilitating the rallies; the mobilization of a disproportionate number of police officers at the rallies; the unjustified prohibition of the erection of tents at a rally; problems related to the safety of rally participants.
Detention of Activists during Protests
The report recalls several cases, in which the police detained activists in violation of various administrative rules and procedures. In particular, it mentions the administrative detention of Beka Grigoriadis, the father of Lazare Grigoriadis, while he was trying to set up a tent near the Parliament building to protest against the detention of his son. According to the HRC, the procedural norms of the detention were violated and there was also a possible abuse of power. The report notes that Grigoriadis had warned the police that he was going to set up a tent, and the police should have warned him that he was not allowed to do so before detaining him. In addition, the HRC adds that “there were no legal norms prohibiting the erection of a tent in the park” and therefore “there was no legitimate basis for the detention of a person under the administrative regulation for the erection of the tent.”
The report also recalls the June 2 protest that followed the arrest of Beka Grigoriadis, when several activists were arrested for carrying banners and, in some cases, empty papers.
The HRC also mentions the case of May 29, when civic activist Bezhan Tsvimitidze was arrested while recording the events of the protests with his mobile phone. The report notes that he was not told the reason for his detention, his whereabouts after his arrest were unknown, and he was not allowed to contact his lawyer.
The report also says that such cases have also taken place during March 7-9 protests.
“According to the practice of the European Court of Human Rights, the state has a negative obligation not to interfere with the freedom of assembly without a legitimate and legal basis and not to allow the disproportionate restriction of this right. Therefore, the police should decide to detain the participants of demonstrations only if it is necessary to eliminate the violation of the law (for example, violent behavior),” – reads the report.
Disproportionate use of police officers
The HRC report speaks of a tendency of disproportionate use of police officers during the demonstrations. In particular, it says that the police were either over- or under-represented at protests.
The HRC emphasizes the key role of the police in facilitating the planning, preparation and conduct of peaceful protests. Thus, it states that the number of police officers present at protests should be determined by the need to ensure the full maintenance of public order and the safety of persons participating in protests. The report mentions several cases, in which the disproportionate presence of the police (either too many or too few) was evident:
- On June 3, at the Beka Grigoriadis protest, the number of police officers was three times higher than the number of demonstrators;
- About 15 people participated in the May 29-30 and June 1 protests, while about 60 police officers were present;
- The April 30 “I’m Coming – Georgia First” protest, organized by Gia Gachechiladze and Zaza Papuashvili of the ultra-conservative “Here is Ucnobi” movement, attracted about 11,000 citizens, while only about 100 police officers were mobilized on the scene.
The HRC also refers to the Tbilisi 2023 Pride Fest, which failed due to “improper assumption of expected risks”. It says: “Although the information about the planned counter-rally organized through the online platforms and about the expected violent actions was available in open sources, the state failed to fulfill its positive obligation and could not defend the participants of Pride Festival against the aggressive actions of the counter-demonstrators,” – reads the statement.
Unidentified Policemen
The HRC states that during its monitoring of the protests there were cases of police in civilian clothes who were difficult or impossible to identify as police. The HRC states that they were in close contact with the uniformed police. According to those interviewed by the HRC, “it is easy to identify this type of policemen because they were actively involved [in the protests], they were recording the conversations of people participating in the protests and were taking pictures.”
The report refers to the national and international norms, according to which it is obligatory for the police corps to wear the uniform. “Imposing this obligation on policemen ensures strengthening of responsibility and accountability of the police,” – the HRC notes.
Restriction of tent erection
The report again refers to the protest of Beka Grigoriadis, who was not allowed to set up his tent. Moreover, Grigoriadis’ tent was confiscated without any explanation.
The HRC stresses that setting up a tent is part of his right to freedom of expression, which was unjustly violated by the police. It also stresses that freedom of assembly and expression is guaranteed by the Georgian Constitution and that the government can only restrict this right if there is a legitimate need to do so. The report adds that under the current law, there is no rule that restricts the erection of a tent.
Dispersing protests with special means
Focusing on the March 7-9 protests, the report highlights three specific problems with the use of special means to disperse protests. In particular, it states:
- The rules on the use of special means were violated during the dispersal of the protests;
- The police used disproportionate force against the demonstrators;
- International standards for dispersing protests with special means were violated.
In particular, the HRC mentions the cases of the use of pepper spray and water cannons without a prior warning against civilian demonstrators during the March 7 protest. The HRC states that the use of special means to disperse what the HRC considers to be a peaceful demonstration was unjustified. Special means were also used on 8 and 9 March, the report says, including a case where a policeman deliberately pepper-sprayed a demonstrator in the eyes. There were also cases of pepper spray being added to water used by water cannons.
The Human Rights Council quotes OSCE standards which state that the use of pepper spray may only be used to repel individual violent demonstrators and may not be used indiscriminately against all demonstrators. It also prohibits the use of pepper spray and water cannon at a distance of less than one metre. Their simultaneous use is also against international standards due to the risk of injury.
Security of demonstrators
The report clearly states that it is the responsibility of the state to ensure the safety of demonstrations, which includes the safety of demonstrators, journalists, and other third parties. In the case of the March 7-9 protests, the report states that the safety of the participants as well as the safety of the journalists working on the scene were put at risk. In another case, the Alt-info/Conservative Movement rally, the report states that demonstrators endangered the safety of others by throwing stones.
- 06/11/2023 – HRC: Police violated international standards during 7-9 March rallies, creating risk of harm to people
In addition, the report recalls the Tbilisi Pride Festival, noting that “the physical safety of festival participants was seriously threatened by the aggression of counter-demonstrators.”
Recommendations
The HRC calls on several institutions to step up their efforts to guarantee the right to freedom of expression. In particular, the HRC recommends that the Georgian Parliament avoid further restrictions on freedom of assembly. It also urges the Georgian Parliament, when adopting or amending laws on freedom of expression, to bring them more into line with European and international practice.
The HRC also calls on the Ministry of Interior of Georgia:
- to effectively ensure the freedom of expression and assembly of all citizens,
- to refrain from unjustified restrictions on the freedom of assembly and to allow individuals to freely set up tents;
- to ensure the presence of only uniformed and identified police officers during protests
- to mobilize police in adequate numbers;
- to ensure the safety of peaceful demonstrators from counter-demonstrators;
- to follow national laws and international standards for the dispersal of demonstrations;
- to issue a special warning in a timely manner prior to the commencement of dispersal demonstrations;
- to ensure that special means are used only in extreme cases, in accordance with the principle of proportionality;
- to train the Ministry’s staff and ensure that they follow the proper instructions of the Ministry.
The HRC also calls on the Special Investigation Service to ensure timely, complete and objective investigations into cases of possible abuse of power by law enforcement, violence against demonstrators and disproportionate use of force.
Also Read:
- 06/10/2023 – Parliament Adopts the Amendments to the Law on Assemblies and Demonstrations
- 17/10/2023 – President Revokes Partskhaladze’s Citizenship & Vetoes “Tents Law” Ahead of Impeachment Procedure in Parliament
This post is also available in: ქართული (Georgian) Русский (Russian)
