CSOs: Physical Force Used Against Protesters Amounted to Torture

Nine local civil society organizations issued a legal assessment of the April 30-May 1 crackdown on protesters against the foreign agents law, stating that the Ministry of Interior’s dispersal was “unlawful” and “disproportionate,” stressing that the “physical force used [against the protesters] was tantamount to torture.” The assessment also notes that the practice of administrative detentions “has become an instrument of increasing restriction of the right of assembly.”

Dispersal decision was illegal

The watchdogs stress that the decision to disperse the protesters was illegal for two reasons: 1) there were no grounds to disperse the protesters under the pretext of blocking the entrances to Parliament, and 2) Even if such a basis existed, there was no legal basis for dispersal of the entire rally.

The CSOs refer to the case of Makarashvili and Others v. Georgia, in which the European Court of Human Rights ruled that the right to block the entrance to the Parliament is guaranteed if the participants in the assembly have not committed any act of violence and do not intend to do so. The CSOs note that the participants in last night’s protest had peaceful objectives and that the session in the Parliament had already ended, so the protesters could not disrupt the work process. They add that in no way should the dispersal of a small group have become a precondition for the dispersal of the entire demonstration, because “the controversial circumstances surrounding the small group do not automatically make a peaceful demonstration unpeaceful.”

Special means were used without prior notice

The CSOs stress that the rules of using of the active means of dispersing the demonstration, including the tear gas, rubber bullets, pepper spray and water cannons were violated.

The CSOs note that before any special measures are taken, the protesters must be notified and given a reasonable amount of time (not less than 30 minutes) to comply with the request. Referring to the video footages released to the public, they emphasize that in some cases water cannons and tear gas were used without prior notice and that the special forces officer denied that rubber bullets were used. The CSOs also say that the police fired the tear gas capsules in a targeted manner. They also say that pepper spray was sprayed in the faces of the peaceful protesters in a targeted manner, without a warning, and at close range. The riot police also used water cannons, rubber bullets and tear gas simultaneously. In addition, the CSOs stress that the protesters behind the Parliament building did not have enough space to leave the area while pepper spray was being used against them and they were subjected to physical violence. The CSOs also note that the number of ambulances was insufficient to meet the needs of the large number of protesters on the ground.

Law enforcement physically and verbally assaulted protesters

The CSOs note that there have been a number of cases of mistreatment of protesters, including physical and verbal retaliation. Special forces beat many people, including youth, women, journalists, and opposition politicians. The CSOs cite incidents such as cursing, hitting, punching in the face, grabbing and violently beating citizens, and dragging a lying citizen. Victims of such treatment included women and children, as well as opposition MPs Aleko Elisashvili and Levan Khabeishvili, and journalists. There was also a case of police chasing citizens into the metro.

Administrative detentions were illegal

The CSOs stress that the police forces continues the practice of illegal administrative detentions. They say the citizens were periodically detained without any basis and during the detentions, they were physically assaulted before and after entering the police cordon. The CSOs emphisize the case of the MP Levan Khabeishvili, who was severely beaten by the police.

According to CSOs, they have received the information about more than 50 detainees. They have already seen more than 15 of them. They say that majority of them were beaten, which “indicates the excessive use of force by the police”.

The CSOs call on:

• Georgian Dream to withdraw the Russian law;
• Special Investigation Service to provide immediate response, ensure effective investigation of the use of disproportionate force by law enforcement agencies against citizens, including journalists, and inform society about the investigation process;
• Ministry of Internal Affairs to refuse defamatory practice of violating human rights protection;
• Special Forces to disobey unlawful orders and not to use force against peaceful protesters.

This statement has been signed by the following organizations:

Georgian Young Lawyers’ Association (GYLA); Transparency International – Georgia (TI); Social Justice Center (SJC); Georgian Democracy Initiative (GDI); Rights Georgia (RG); International Society for Fair Elections and Democracy (ISFED); Human Rights Center (HRC); Partnership for Human Rights (PHR); and Civil Society Foundation (CSF).

Also Read:

• 01/05/2024 – Media Watchdog Calls on Swift Investigation of Attacks against Journalists
• 01/05/2024 – International Outcry over Police Crackdown on Protest against Foreign Agents Bill
• 01/05/2024 – MIA: 63 People Arrested During Rally Against Agents Law
• 01/05/2024 – Georgian Watchdogs Statements: Police Resort to Disproportionate Force against Peaceful Protesters

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