NGOs released a joint statement, assessing the events that unfolded from November 28 to December 2.
According to the NGOs’ statement, “Over the past four days and nights, tens of thousands of Georgian citizens have been gathering in Tbilisi, on Rustaveli Avenue and in various regions of Georgia to express protest against the Georgian Dream party’s next unconstitutional step and deviation from Georgia’s European course.”
According to their explanation, “In response to the protest, the self-proclaimed, unconstitutional, illegitimate authorities resulting from rigged elections are using unprecedented repression against peaceful demonstrators.”
“There have been inhumane and degrading treatment of protest participants and the use of disproportionate force completely incompatible with Georgia’s Constitution and international human rights law. Specifically, the following violations were identified during the demonstrations:
Disproportionate mobilization of police forces and their inability to be identified
From the very first minutes of the peaceful protest, unprecedented police forces and equipment were mobilized to disperse the protest, beat protest participants, and illegally detain them. In the process of dispersing the demonstrations, the main function was assigned to and remains with representatives of the Special Assignments Department (so-called “robocops”) under Zviad Kharazishvili, sanctioned by the US and known for brutality, who from the first moments were equipped with helmets, batons, shields, rubber bullet guns, tear gas, and pepper spray. They were backed by water cannons. The majority of these “law enforcement officers” have their faces completely covered with masks, and there are no distinguishing marks on their uniforms. This circumstance makes their identification difficult and, in many cases, completely excludes it, which encourages violence against demonstrators, as they have a sense of impunity.
Attempts to provoke violence
Law enforcement officers continuously tried to provoke peaceful protest participants – using insulting words against them, cursing, throwing stones, trying to come into close contact with them, and forcibly pulling gathered people towards Rustaveli Avenue. From time to time, groups infiltrating the crowd of protesters would snatch individual persons and drag them behind police cordons, where they would brutally beat them collectively with hands, feet, and batons. Additionally, so-called “provocateurs” were identified among the protesters who were trying to create tension and preconditions for police use of force.
Illegality of decisions and actions aimed at dispersing peaceful gatherings
Violation of freedom of assembly and expression: Decisions to disperse the protest, especially the forms of executing these decisions, contradict both the Georgian Constitution and international standards. There were no preconditions for using water cannons, tear gas, and pepper spray against protesters. Moreover, the water used by water cannons contained an unidentified chemical substance that caused eye burning and breathing difficulties.
Treatment of protest participants: Law enforcement officers brutally attacked demonstrators who posed no threat. Specifically, they would knock protesters to the ground and deliberately beat them collectively using hands, feet, and batons, including in life-threatening areas. The violence by police was carried out demonstratively, in front of cameras, and had the character of punishing demonstrators. As a result of police violence, up to twenty demonstrators required hospital treatment.
Illegal detention: After brutal retaliation, demonstrators were illegally detained. They were arrested randomly – whoever they could get their hands on, including people standing peacefully. Many were detained while calmly leaving the protest area. Protest participants were being detained in metro stations, theatres, and shops. Over the past four nights, more than 200 demonstrators were detained. During detention, the standards established by Article 13 of the Georgian Constitution and Article 5 of the European Convention on Human Rights were systematically violated.
Concealing detainees’ whereabouts and violating procedural rights: Most detainees were denied their right to contact relatives and lawyers. The Ministry of Internal Affairs, in line with its illegal practice, concealed the whereabouts of detainees, and relatives and lawyers were searching for them across Georgia in various temporary detention facilities and police stations. This is a gross violation of rights protected by Article 31 of the Georgian Constitution and Article 6.1 of the European Convention on Human Rights.
Targeted attacks on journalists
Throughout all days of the protest, there were targeted attacks, repressions, and hunting of journalists. In total, more than 50 journalists and videographers became targets of police. There was inappropriate treatment and unlawful interference with journalistic activities by police (a crime under Article 154 of the Criminal Code). Particularly appalling is the violence against Formula TV host Guram Rogava, TV Pirveli journalist Mariam Gaprindashvili, and Publika online media journalist Alexander Keshelashvili, who allegedly received severe health injuries as a result of the violence. Victims also included representatives from the GPB First Channel, Radio Free Europe, Publika, and other media.
Expected sanctions: According to the already established illegal practice in Georgia, the court will use strict sanctions against detainees, including administrative imprisonment, based on Articles 166 (“petty hooliganism”) and 173 (“disobedience to the legal requirements of a law enforcement officer”) of the Administrative Offenses Code. Since the judiciary, like all branches and institutions of government, has been seized by an illegal regime, there is not even a slight chance of making legal and fair decisions regarding the detainees.
Threat of criminal prosecution: To further intimidate society, some detainees also face a real threat of criminal prosecution. According to information released by the Ministry of Internal Affairs, investigations have been initiated into “attacks on police” (Article 3531 of the Criminal Code) and damage or destruction of someone else’s property (Article 187 of the Criminal Code). Considering that the Georgian Prosecutor’s Office also serves as a tool for political retaliation by the ruling party, there is no expectation of lawful decisions in this case.
Criminal inaction of the Special Investigative Service and Prosecutor’s Office: Investigation of crimes committed against demonstrators and journalists falls under the jurisdiction of the Special Investigative Service. After two days of violence against demonstrators by police, this service made a statement about initiating an investigation, but given the history of formally initiated investigations and complete inaction towards crimes committed by law enforcement, there is no expectation that the investigation will be fully pursued and the so-called law enforcement officers will be brought to justice. Unfortunately, the Georgian Prosecutor’s Office is also an accomplice in this inaction and facilitates crimes committed by law enforcement, which, despite having significant procedural leadership levers, uses the right to remain silent against the backdrop of two days of violence in the country and does not conduct any monitoring of the activities of either the Ministry of Internal Affairs or the Special Investigative Service.
We demand:
The Ministry of Internal Affairs to stop the brutal crackdown on peaceful protesters. Police should stand with the people and stop executing illegal orders. Immediately release all detained demonstrators;
The Special Investigative Service quickly and effectively investigate the aforementioned crimes against the Georgian people under Article 1443 of the Criminal Code, also conduct additional investigation under Article 154 (unlawful interference with journalistic activities) regarding journalists, and promptly transfer materials to the Georgian Prosecutor’s Office to initiate criminal prosecution against relevant individuals;
The Georgian Prosecutor’s Office to carry out effective procedural leadership of the investigation in the Special Investigative Service or conduct a comprehensive preliminary investigation in these cases. Promptly bring to accountability all individuals who have been brutally dealing with peaceful people gathered on Rustaveli Avenue for several days. We also call on the Prosecutor’s Office to fulfil the function imposed by the Organic Law on the Prosecutor’s Office – to supervise the legality of detentions carried out by the Ministry of Internal Affairs and ensure the release of those illegally detained;
Judges stop using legal mechanisms for punitive purposes and making illegal decisions against peaceful demonstrators;
The Constitutional Court to declare the elections unconstitutional in light of numerous essential violations of secrecy, universality, and other aspects, and to invalidate its results;
We also call on the international community to use all mechanisms at their disposal to stop the ongoing repressive events in Georgia, including using mechanisms for sanctioning specific responsible individuals.
The attempt to maintain power obtained through election fraud is precisely like this. Those in power are trying by any means to obtain/maintain power. We can stand against this – the Georgian people. That is why we call on Georgian citizens to protect Georgia’s European future through constant and unwavering protest. Georgia is the Georgian people, not the de facto authorities who rigged the elections and have no argument other than the use of force,” states the joint statement of NGOs.
By - Svetlana Alimova