The large-scale violence observed during the dispersal of protests and the detention of demonstrators since November 28 must not go unpunished. In addition to executing a systematic operation of violence and torture against citizens, the leadership of the Ministry of Internal Affairs deliberately created preconditions for systemic impunity in advance and failed to ensure conditions necessary for identifying special forces officers and other personnel involved in mass crimes. Many special forces officers and other police personnel involved in the dispersal did not have identification numbers or other distinguishing marks, which complicates the investigation and identification of individuals responsible for such grave crimes. Beyond organizing mass violence, this practice of impunity also requires the legal accountability of the leadership of the Ministry of Internal Affairs.

The practice of preventing the identification of law enforcement officers contradicts international standards, which require transparency and accountability in the actions of law enforcement agencies. The timely investigation of cases of inhumane treatment and the identification of perpetrators are essential for protecting citizens' rights and ensuring the rule of law.

Numerous international documents require the ability to identify law enforcement officers, especially special forces, through individual identification marks. The OSCE Guidelines on Freedom of Peaceful Assembly state that the identity of law enforcement officers must be recognizable, with an identifier, such as a number or name, displayed on their uniform or helmet. They must not remove or cover this identification information, nor obstruct individuals from seeing it during assemblies.[1]

The European Court of Human Rights has deemed legislation and practices preventing the identification of law enforcement officers incompatible with Article 13 of the Convention (right to an effective remedy). The Court explained that while police confidentiality is a legitimate means of ensuring security, it should not obstruct investigations into cases of misconduct by law enforcement officers. The Court emphasized that protective measures should only be used in cases of evident risk of resistance and even then, identification numbers must remain visibly displayed.[2]

On May 7, 2024, the European Court of Human Rights published its decision on complaints filed by citizens injured during the June 20-21, 2019 protests in Tbilisi. The Court found Georgia in violation of the European Convention on Human Rights and highlighted the state's obligation to ensure that during large-scale police operations, law enforcement officers suspected of violence are identifiable. Officers responsible for maintaining public order and making arrests are required to carry distinguishing marks, such as an appropriate code.[3]

The Public Defender had already highlighted this issue in connection with the events of June 20-21, 2019, stating that one of the main problems in the criminal investigation into alleged abuse of power by Ministry of Internal Affairs personnel during those protests was the inability to identify the special forces officers involved.[4]

In its 2023 activity report, the Special Investigation Service also highlighted this problem, noting that during protests, law enforcement personnel wear uniforms without identification marks. Consequently, even when there are eyewitnesses to acts of violence, it is nearly impossible to identify the officer responsible for the use of disproportionate force or to gather neutral evidence.[5]

Therefore, there is every reason to believe that the response of the Special Investigation Service to these cases will be as ineffective as it was in cases related to the spring protests of this year, and that the investigation will remain purely formal.

By eliminating the possibility of identifying special forces officers, the government not only grossly violates international obligations but also fosters a syndrome of impunity, practically guaranteeing every abusive law enforcement officer that they will never face legal consequences. As a result, law enforcement personnel act with a sense of impunity, posing a significant threat to the lives and health of citizens and eliminating any possibility of restoring violated rights.

Despite the decisions of the European Court of Human Rights and the assessments of local human rights institutions, the failure of competent state bodies to equip law enforcement personnel with identification marks constitutes a violation of Article 332 of the Georgian Criminal Code — abuse of official authority — and requires the immediate initiation of criminal accountability for those responsible.

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