Reports
Selective approach of law enforcement officers and courts to persons arrested at rallies
07.02.2023
On February 7, the Democracy Research Institute held a presentation of the report "Protests under Observation". The report includes the monitoring results of protests and performances held in Tbilisi from February 1, 2022 to January 1, 2023. During the reporting period, observers of the Democracy Research Institute observed 50 rallies. The protest were caused by various reasons and their addressee was mainly the Government of Georgia.
The observation of the Democracy Research Institute showed that, compared to 2020-2021, the number of persons arrested during peaceful assemblies and the frequency of the use of excessive force by law enforcement officers have decreased. However, the selective approach of law enforcement officers and courts towards persons arrested at rallies remains noteworthy - as a rule, courts impose disproportionately high fines on persons arrested at the rallies organized by opposition parties and civil activists, while law enforcement officers release persons arrested at the rallies of far-right groups in return for a verbal warning.
The selective attitude of the State is shown by the mobilization of different numbers of police officers at rallies held for different purposes. For example, on December 28, 2022, about 50 law enforcement officers were present at the protest rally held near the Presidential Residence, in which about 1000 demonstrators participated. The same number of law enforcement officers monitored the behavior of about 150 demonstrators at the protest rally against the Vake Park tragedy. In several cases, law enforcement officers detained demonstrators without legal grounds.
The main findings of the monitoring report are the following:
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Rallies held by civil activists and opposition parties usually end without any outcome.
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A significant part of the rallies were held with political demands or in support of politicians. The number of rallies relating to social issues was extremely small.
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The rallies held in June-July 2022 in support of Georgia's European foreign choice were particularly large-scale.
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In some cases, the number of law enforcement officers equaled or exceeded the number of demonstrators.
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A disproportionately small number of law enforcement officers were mobilized at the counter demonstration held near the Presidential Palace, considering the number of participants.
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In the reporting period, the improper use of Articles 166 and 173 of the Administrative Offences Code by law enforcement officers was common; this practice was followed by the courts as well.
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In some cases, demonstrators were arrested without legal grounds.
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The main addressees of the norms toughened in the Administrative Offences Code in 2021 are persons opposing the ruling party, representatives of opposition political parties and civil activists.
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The approach of the law enforcement officers and courts towards persons arrested at rallies is selective. As a rule, courts impose disproportionately high fines on people arrested at rallies organized by opposition parties and civil activists, while law enforcement officers release people arrested at rallies of far-right groups in exchange for a verbal warning.
Protests under Observation
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