Georgian Watchdogs Statements: Police Resort to Disproportionate Force against Peaceful Protesters
Two leading watchdogs Transparency International-Georgia and Georgian Young Lawyers’ Association issued statements regarding the violent dispersal of peaceful demonstrators on April 30, saying the law enforcers used disproportionate force against the protesters and calling on relevant authorities to investigate
TI-Georgia says in its statement that while citizens were peacefully protesting “the Ministry of Internal Affairs, started to break up the demonstration without any reason.” TI-Georgia says that as a result of use of force by the MIA some of the demonstrators were beaten and there are reports of rubber bullets, tear gas, pepper spray and water cannon being used. The watchdog notes that unknown so far number of peaceful demonstrators have been arrested.
TI-Georgia calls on the Ministry of Internal Affairs “to stop using police to disperse peaceful demonstrators and to ensure that these people can exercise their freedom of assembly and expression in a safe environment. The organization calls on the Special Investigation Service to investigate the alleged crimes committed by police officers.
Another watchdog Georgian Young Lawyers’ Association (GYLA) also issued a statement regarding the April 30 violent crackdown on peaceful protesters. The statement says that the special forces’ detachments used an “special means of “pepper spray” from close range, without prior warning, illegally and disproportionately”. GYLA notes that according to the participants of the rally, they did not have enough space to leave the area and avoid the area where the police force used pepper spray. “The tactics used by the police to detain or surround the participants and prevent them from leaving the area violate international norms and the right to peaceful assembly,” the watchdog says. It also refers to multiple footages showing facts of physical violence against citizens, including women, by members of the special forces detachment. The statement notes that the number of mobilized emergency teams is disproportionately low. At the same time, citizens are being detained on administrative charges and special force detachments throw gas canisters at demonstrators.
The GYLA reminds the Ministry of Interior officers who are currently involved in the dispersal operation that they are violating the guidelines for the dispersal of rallies and demonstrations, according to which:
- The representatives of the law enforcement agencies should ensure negotiations with the organizers or participants of the action in order to avoid forceful intervention as much as possible and to settle the situation peacefully.
- The instruction also regulates the standards for the use of force by law enforcement officials and establishes the principle of proportional use of force, namely: “The use of physical force and/or special means by law enforcement officials should be carried out in compliance with the principle of proportionality, only in cases of extreme necessity and in the minimum amount necessary for specific circumstances. “
- According to the instructions, before the start of the special measures, the responsible person is obliged to warn the participants of the assembly/manifestation in advance about the use of physical force and special means, to give them a reasonable time (at least 30 minutes) to comply with the legal request.
- According to the instructions, it is forbidden to use physical force and special means if the participants do not have enough space to leave the occupied area.
Also, the statement says, the use of active special means against the demonstrators only because of blocking the entrances and, as a result, their dispersal violates the international standards, and cites the relevant ECHR decisions.
“Peaceful protest is a mechanism for promoting democratic processes in the hands of citizens, and any attempt to suppress it is an unconstitutional act,” the statement stresses.
GYLA calls on Interior Ministry to ensure the development of the action plan for the safety of gatherings and demonstrations according to national legislation & international standards and stop the illegal practice of breaking up the rally.
GYLA also calls on the special police detachment to obey the relevant guidelines for the behavior for law-enforcers during gatherings and demonstrations regarding the basis and procedure for using special means, as well as not to obey illegal orders and not use violet methods against peaceful demonstrators.
GYLA calls on Special Investigation Service “to immediately launch an investigation and carry out all necessary investigative measures to identify and respond to all facts of excessive use of force by law enforcement officers.
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