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LAW ENFORCEMENT / Statement

The Social Justice Center summarizes the key episodes of the peaceful demonstration that took place on December 10-11

For the 13th day, peaceful protests have been ongoing across the country against the consolidation of authoritarianism by the "Georgian Dream" party and the diversion of Georgia from its European course. In response to citizens' peaceful protests and resistance, the government is countering with excessive police force, new forms of terror, and intimidation. The update of strategies by the "Georgian Dream" has become particularly noticeable since December 7, when, instead of using special means to disperse the protests demonstratively, the government has resorted to methods such as intimidating citizens, organizing violence through private groups, and initiating formal legal processes.

On December 10, protests against the decision of the "Georgian Dream" party were held not only in Tbilisi but also in Kutaisi, Batumi, and various cities across Europe.

The Social Justice Center highlighted the following trends in the continuation of protests and violations of human rights on December 10-11:

  • Statement by the State Security Service

On December 10, the State Security Service (SSS) issued a statement regarding the case initiated on the alleged violent overthrow of the government. According to the statement, destructive forces are planning to prevent the Georgian presidential elections from taking place on December 14, 2024, and to obstruct the election of the sixth president of Georgia by any means. [1]


The SSS had claimed as early as September of the previous year that there were plans [2] to create "destabilization and civil disorder" in Georgia and to "overthrow the government by violent means" between October and December 2023. However, their prediction did not come true.

The State Security Service continues to accuse individual groups, including opposition political parties and civil society, of actions directed against the state without providing any evidence. Additionally, the agency continues to try to involve Western organizations, which have long supported the country's democracy, state institutions, and human rights, in this conspiracy. [3]

Without any proof to back its claims, the SSS's appeal to these threats serves not only to discredit individual groups and the ongoing protests but also may serve to justify the constitutional restrictions through proposed legislative changes. Following the SSS statement in September 2023, bills were introduced that would restrict the freedom of assembly and expression. The need for such legislative changes was justified by the "Georgian Dream" party as a necessity to neutralize the threats mentioned in the SSS statement. [4] Accordingly, it is likely that the initiatives announced by Irakli Kobakhidze this time, including the ban on wearing masks, will once again be linked by "Georgian Dream" to the SSS's statements and the threats of destabilization.

  • Ministry of Internal Affairs Response to Announced Changes in the "Police Law"

A few days ago, representatives of the "Georgian Dream" party initiated changes to the "Police Law" in parliament. The draft law allows for the recruitment of police officers without going through a special competition, based on rules set by a ministerial decree. [5]

On December 10, the Ministry of Internal Affairs (MIA) issued a statement explaining the content of the anticipated changes[6]. The reasoning presented in the MIA statement is identical to the explanatory note of the bill. According to the statement, there are also militarized units within the police force where a different service regime applies. These units’ employ individuals with military ranks. Starting from January 1, 2025, military service will only exist in the Ministry of Defense of Georgia, so, in light of the specific nature of the militarized units, it is necessary to modify the recruitment procedures in the police force and establish different recruitment rules for positions within the police, taking into account the specific needs of these units.

However, after the explanation, the anticipated changes remain unclear for two reasons:

  • The draft law does not specify that special recruitment rules will apply only to militarized departments. While the MIA stated that the changes will not affect patrol police officers, investigators, law enforcement officers, or administrative personnel, the bill does not rule out applying special rules to these departments. As a result, it is possible that under the initial version of the ministerial decree, the special rules may not apply to these units, but the legislative record cannot prevent the expansion of the decree's scope in the future.
  • Even assuming that the special rules will apply only to units where personnel with military ranks serve, the anticipated changes remain problematic. According to the regulations published on the MIA's website, military personnel are assigned to three departments of the Ministry: The Special Tasks Department (STD), the Protection of Facilities Department, and the Protection of Strategic Pipelines Department. According to the regulations of the STD, the department employs individuals with state special/military ranks, as well as other public officials and individuals employed under labor contracts. [7] This suggests that the special rules may extend not only to military personnel but also to public officials employed in the STD, even though neither the explanatory note nor the MIA’s statement justifies the need for such special rules for these employees.

One of the functions of the Special Tasks Department (STD) is to ensure public safety and maintain public order during gatherings[8], demonstrations, and other mass events. Accordingly, this unit is primarily responsible for carrying out the Ministry's repressive objectives within the framework of ongoing protests. Media reports suggest that Ministry of Internal Affairs (MIA) personnel (including STD officers) are resigning in protest. This raises doubts that the legislative changes may be aimed at simplifying and introducing special recruitment procedures for these positions.

 

  • Change in Strategies for Suppressing Protests

From November 28 to December 7, the MIA suppressed protests with excessive police force and the intensive use of special means (water cannons, tear gas, pepper spray). From December 7 onward, the strategies for suppressing protests have shifted, and the government is now combating protests through methods such as intimidating citizens, organizing violence via private groups, and initiating formal legal processes. This change is likely motivated by two reasons:

  1. Attempt to provide legal justification for the use of police force to disperse protests – A few days ago, Deputy Minister of Internal Affairs, Alexander Darakhvelidze, explained in a briefing that the MIA only disperses protests if they become violent on a mass scale, which is why police force has not been used in recent days. In reality, there was no basis for mass dispersal of protests even before December 7. Giving a daily form to mass dispersal would make it difficult for the MIA to formally justify the proportionality of the means used.
  2. Attempt to shift responsibility from the government to private groups – "Georgian Dream" is trying to associate violence with the protests and shift the responsibility for provocations to the protesters and other groups, including opposition political parties. This is likely why the "titushki" (hired thugs) groups have been mobilized, threats made through phone calls, and there has been a tendency to detain protesters in other public spaces and private properties away from the protest sites. This form of combating protests further exacerbates the dangerous and uncontrollable nature of the violence, increasing the risks to people's lives and health and undermining social peace.
  • Updated Information on Detained and Injured Protesters

The Public Defender visited 327 detained individuals from November 28 to December 10. Of these detainees, 225 reported improper treatment by law enforcement, and 157 showed visible physical injuries[9].

According to information released by Transparency International – Georgia, which is based on data from the Legal Aid Network of Civil Organizations, over 460 people have been detained since November 28, of whom 430 were detained administratively and 31 faced criminal charges. Additionally, more than 300 people were beaten, tortured, or subjected to improper treatment.[10]

Despite numerous pieces of evidence documenting improper treatment and brutal violence by law enforcement, no criminal proceedings have been initiated against any law enforcement officers. Furthermore, in hundreds of cases, the courts have not rejected the existence of administrative violations by protesters, indicating that protest cases are practically not being considered individually, and law enforcement agencies are functioning as executors of political orders.

Footnote and Bibliography

[1] Statement by the State Security Service, 10.12.2024. Available at: https://cutt.ly/geC2zSKO

[2] Statement by the State Security Service, 18.09.2023. Video available at: https://cutt.ly/7eC2cJXz

[3] Social Justice Center's statement - SSS's Total Control Continues. Available at: https://cutt.ly/8eC2vNDH

[4] Social Justice Center's statement - State's Policy Becomes Even More Repressive Toward Activists. Available at: https://cutt.ly/yeC9SWaD

[5] The draft law is available at: https://cutt.ly/FeC9DsD6

[6] Statement by the Ministry of Internal Affairs. Available at: https://cutt.ly/DeC33Zfp

[7] Public Defender's statistics. Available at: https://cutt.ly/leC309Pq

[8] Transparency International Georgia's statistics. Available at: https://cutt.ly/6eC39idN

[9] Ombudsman's statistics. Available at: https://cutt.ly/leC309Pq

[10] Transparency International Georgia's statistics. Available at: https://cutt.ly/6eC39idN

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