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LAW ENFORCEMENT / Statement

Assemblies, manifestations, and administrative offenses

Amid the dynamic and often aggressive political situation created in the country in 2019, large-scale gatherings and demonstrations were frequent. The events of June 20-21 are particularly noteworthy when spontaneously gathered protesters were rallying against the Russian MP Sergei Gavrilov speaking at the Georgian Parliament building and the him taking the seat of the chairperson of the parliament. The demonstration eventually led to mass clashes between the citizens and the police, when the state clearly used disproportionate force against the demonstrators, and as a result many civilians sustained injuries of varying severity.

In order to ease the difficult political situation created, the Speaker of Parliament resigned, and the ruling political party made a public promise to hold the 2020 parliamentary elections in a fully proportional manner. These steps have played a positive role in stabilizing the political situation. However, in November this year, constitutional changes on the proportional electoral system were failed by the ruling political force, which was followed by large-scale demonstrations in front of the Georgian Parliament. In this case, the aim of the demonstrators was to picket the parliament building and in this way push the government to fulfill its promise made several months earlier.

It is noteworthy that disproportionate use of force was also used by the police during the November protests, which often served to demonstrate power. At the same time, mass detention of demonstrators has become a general trend. Against this background, a particular problem is the fact that case proceedings of persons detained under administrative law have usually been processed with fundamental human rights violations. Another trend, which has been exacerbated in 2019, is the so-called counter-protests. When, during demonstrations against the government, organized groups emerge that are opposed to the protesters and are usually distinguished by an aggressive, violent rhetoric and actions. Unfortunately, the law enforcement agencies fail to provide effective measures against these groups, leaving the impression of their politicization.

Disproportionate force by the police against the demonstrators, on the one hand, and their virtually zero response to the aggressive actions of the counter demonstrators, on the other hand, as well as flawed conduct of the court proceedings of the detained persons could have a chilling effect on the realization of the right to freedom of manifestation and assembly and the enjoyment of the right to freedom of expression, in general.

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