Deputy Interior Minister: Grand Chamber affirmed police duty to use proportionate force against threats

“The European Court of Human Rights noted that when there is mass disorder, violence, and storming of state institutions, the police have an obligation to act using the principle of proportionate force necessary to eliminate the threat,” stated Aleksandre Darakhvelidze, Deputy Minister of Internal Affairs of Georgia.

“The Grand Chamber of the European Court of Human Rights issued a ruling regarding the events of June 19-20 [2019], and in certain instances violations of specific rights were established.

Accordingly, specific clarifications were provided regarding how the rights violations manifested. The key point to emphasise is that the European Court of Human Rights stated that, in cases of mass unrest, violence, and the storming of state institutions, the police not only have the right but also the obligation to respond with proportionate force necessary to neutralise the threat. This interpretation is explicitly confirmed in this case,” Darakhvelidze noted.

According to him, as regards the question of who decided to use particular special means, an investigation is ongoing at the Prosecutor’s Office.

“Regarding the use of specific special means in particular cases, as well as issues surrounding their improper use, these matters are covered in the ruling. Naturally, each of us will review this decision carefully; specific instructions have been issued. These issues will be examined in detail and discussed at a later date. Concerning who authorised the use of these particular means, as you may recall, an investigation into this is currently ongoing at the Georgian Prosecutor General’s Office. Therefore, we cannot speculate at this stage and must await the outcome of the investigation,” stated Aleksandre Darakhvelidze.

The Grand Chamber of the European Court of Human Rights issued a decision in the case “Tsaava and Others v. Georgia”, which concerns the dispersal by police of an anti-government demonstration in front of Parliament on the night of June 20-21, 2019. The Strasbourg Court found violations of both aspects of Article 3 of the European Convention on Human Rights (inhuman or degrading treatment/lack of effective investigation) in respect of 24 applicants. In relation to 14 applicants, the court found a violation of Article 10 of the Convention (freedom of expression). The court also established that Article 11 of the Convention (freedom of assembly) was violated in respect of 11 applicants.

For context, the Prosecutor’s Office of Georgia has initiated criminal proceedings in two cases against Georgia’s former Minister of Internal Affairs and former Prime Minister, Giorgi Gakharia. One of these cases pertains specifically to the events of June 20–21, 2019. Gakharia has been remanded in custody in absentia as a preventive measure.