Physical retaliation against civilians and civil activists becomes authorities’ political strategy
On
July 15, the Democracy Research Institute held a presentation of the report
"Protests under Observation".
The report reflects the results of observation of protests organized by
political parties, civil movements and activists from November 6, 2023 to May
30, 2024. The document also analyzes the results of observation of trials of those who
were arrested during the protests
or in connection with the protests.
The document provides a brief overview of the
legislative framework governing freedom of assembly. It also reviews the legislative initiatives, adoption of which has a negative impact on the right
to assembly and demonstration. The second part of the document presents the results of
observation of the protests held from November 6 to April 15, 2023. The third
part of the report is devoted to the events
developed from the introduction of the so-called Russian Law on Transparency of Foreign Influence till 30 May 2024.
During the protests, there were numerous gross
violations of international standards, constitution and legislation, as well as cases of incitement to
violence, inaction of the Special Investigation Service and the Ministry of
Internal Affairs, and attempts to intimidate and influence protesters. In particular:
- Observation of protests during the reporting
period showed that, as a rule, demonstrators acted within the law.
- At the protests held against the “Russian law”, in no case did the demonstrators violate the law
to the extent that could cause illegal consequences or turn the entire
assembly into a violent one.
- In none of the cases, when law enforcement
officers used physical force and special equipment
to disperse
the rally, there was no legal grounds
for doing the above.
- The
use of special
equipment
by the police forces during the dispersal
of the rally in
several cases, due to the sporadic nature of the violations of law in the area surrounding the
Parliament, which in some
cases caused injuries to
the peaceful participants in
the rally, cannot
be considered proportionate.
- During the protests held against the Russian law,
the Ministry of Internal Affairs never once followed the obligation to warn the
participants in
the protests before dispersing
the rally.
- During the protests held against the Russian law,
law enforcement officers repeatedly prevented media representatives from
carrying out their professional activities.
- More than 200 people were arrested during the rallies held against the
Russian law. As a rule, the detainees were
not informed of the grounds for their arrest or their
procedural rights. The right to a lawyer was also often restricted.
The Ministry of Internal Affairs, in many cases, did not provide family members
or lawyers with
information about the whereabouts of the
detained persons.
- Law enforcement officers abused more than one
arrested person. The nature of the injuries inflicted on several detainees
(mainly bruised face and broken teeth) shows that the injuries cannot be the
result of legitimate police
measures, bur represent clear
retaliation against political opponents.
- The standard of evidence was still extremely low in court, during the hearing of cases
of administrative offences
related to the protests.
- Organized groups openly supported by the authorities launched a
coordinated campaign of telephone threats to intimidate protesters.
- Organized groups damaged vehicles owned by leaders
of non-governmental organizations or their family members, made insulting inscriptions, posters
and stencils on the
facades and gates of offices or houses
of the heads
of the organizations.
- The public statement of one of the leaders
of Georgian Dream and the accompanying video make it clear that the ruling party not only incites police violence, but also
stands behind the persecution and attacks against leaders of civil society organizations,
civil activists and politicians.
Protests under Observation