On
February 2, at a protest rally held in the vicinity of Tbilisi Mall, Georgian
Dream again restricted the right to assembly and expression illegally, while
completely ignoring the norms of the Constitution and responding to the
peaceful rally with a repressive policy. Even
though the rally had not become
violent at any stage, several demonstrators were illegally detained and
verbally and physically abused, including women and minors.
According
to current data, 23 participants in the rally have been detained, including
politicians, civil activists and one minor. All the footage released show that
in none of the cases was there a legal ground for the arrest. In addition, the
police forces were kicking the peaceful protesters in the head. The footage
shows the Head of the Riot Police, Zviad Kharazishvili, physically abusing the
already detained citizens before putting them in a car.
Peaceful
protesters,
gathered at the entrance to Tbilisi,
wanted to block the road (which was quite possible given their number).
However, the law enforcement officers, who were mobilized in
particularly large numbers (and
were deployed on both sides of the road,
dividing
the protesters into two parts),
did not allow the demonstrators to do so. Moreover, the protesters intended to
march to the Tbilisi City Court, but the police forces unlawfully restricted
their right to move.
According to
the European Court of Human Rights, the protest, given its form and the number
of demonstrators, may
cause a breach of public order, including disruption of traffic. Even in such a
situation, the right to assembly and expression can be restricted only if it
takes a violent form, and the restrictions must be legitimate, necessary and proportionate.
After the
announcement of the rally, on January 31, with the amendments made by Georgian
Dream to Decree
No. 361 of the Government of Georgia of October 23, 2024, international roads
were included in the list of objects of strategic and/or special importance.
The Ministry of Internal Affairs warned the participants in the rally
about the possible criminal liability that could follow the
blocking of the
Tbilisi exit.
Blocking the road can be a logical continuation of the rally and
demonstration, and according to the practice of the European Court, it is not
considered a criminal act. Such a warning statement by the Ministry
of Internal Affairs aims to instill fear in society (especially in the context
of a biased court) and may have a chilling effect on the realization of the
constitutional right to assembly and expression.
The February 2
rally was also preceded by searches and seizures of objects from the homes of
activists - Ilo
Glonti, Nancy Woland and Isako Devidze
- without legal grounds and in gross violation of a number of legal
norms. In parallel with the investigative actions, law enforcement officers
verbally,
physically
and psychologically abused the
activists.
The brutal methods used by the police forces in recent days are a
continuation of the organized crime that has been ongoing against dissent for
the past several months. Despite numerous pieces of evidence, no law
enforcement officer has been held accountable to date, which serves
as an additional
inciting
factor.
The Democracy Research Center calls on:
The Special Investigation Service:
The judiciary:
5 თებერვალს, ,,ქართული ოცნების“ ლიდერმა მამუკა მდინარაძემ საზოგადოებას ახალი რეპრესიული კანონმდებლობის მიღება დაუანონსა.
On February 3,
after the party session, the leader of the Georgian Dream, Mamuka
Mdinaradze, announced the
tightening of
the repressive policy
by introducing amendments to legislation.
არასამთავრობო ორგანიზაციების სამართლებრივი დახმარების ქსელის იურისტები განაგრძობენ მშვიდობიანი დემონსტრანტების უფლებების დაცვას.