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LAW ENFORCEMENT / Statement

Social Justice Center Reports Key Events of the Peaceful Demonstration on December 14

On December 14, the 17th day of continuous peaceful protests, Georgian Dream indirectly elected the "president" through the electoral college. The voting procedure, held in the parliament building, took place against the backdrop of large-scale demonstrations. The appointment of Mikheil Kavelashvili—a leader of the strongly anti-European "People's Power" group, a satellite of Georgian Dream, and one of the initiators of the Russian-style law—as president, along with the announcement of a celebratory event at the protest site later in the day, gave citizens a new reason to gather. In addition to opposing the shift in foreign policy and the authoritarianism of Georgian Dream, the protesters also voiced their distrust of the illegitimately elected president.

To appoint the president, a session in parliament began at 9 a.m. on December 14. Citizens started gathering on Rustaveli Avenue at 7 a.m., protesting peacefully throughout the day. In addition to Tbilisi, protests were also held in Batumi, Kutaisi, and Zugdidi.

On December 14, the Social Justice Center highlighted the following trends in the protest and instances of human rights violations:

  • Electing the President

For the first time in Georgia's history, the country's 6th "president" was elected indirectly. During the voting held in the parliament building, the election board selected the sole candidate nominated by "Georgian Dream" as president. The voting process lasted for five hours, with 224 out of the 225 members present supporting Kavelashvili. According to the resolution of the Central Election Commission, Kavelashvili's inauguration is scheduled for December 29.[1]

Although the procedural aspects of the voting in Parliament on December 14 were adhered to, the presidential election was conducted undemocratically, raising concerns about its public and international legitimacy. This is due to several factors:

  1. The election of the president by an illegitimate legislative body – half of the electoral college is composed of members of the “newly elected” parliament. Consequently, the legitimacy of the president is directly tied to the legitimacy of the newly constituted legislative body. As is well known, the parliamentary elections held on October 26 in Georgia took place against a backdrop of systemic fraud and widespread violations, which significantly influenced voter intent and cast doubt on the validity of the final results. Furthermore, the convening of parliament and the recognition of MPs’ mandates were conducted in violation of the Constitution, as the first session of the newly elected parliament was held before the Constitutional Court had concluded its review of a case challenging the constitutionality of the elections due to violations of ballot secrecy, universality, and other principles.
  2. The non-competitive nature of the presidential election – with only one candidate running – reflects a lack of political pluralism. Single-candidate elections are characteristic of authoritarian regimes and facade democracies.
  3. The opposition's stance – the presidential election in Parliament took place amidst a boycott by opposition political parties and a broader political crisis, with the sole candidate being supported exclusively by the ruling "Georgian Dream" party.
  4. International reactions: So far, the new "president" has been congratulated only by Belarusian authoritarian leader Alexander Lukashenko, Azerbaijani President Ilham Aliyev, Armenian Prime Minister Nikol Pashinyan, and Serbian President Aleksandar Vučić. Meanwhile, several Western politicians have criticized the indirect election of Mikheil Kavelashvili as president by Georgian Dream. Among them are: Marko Mihkelson, Chair of the Foreign Affairs Committee of the Estonian Parliament; Michael Roth, Chair of the Foreign Affairs Committee of the German Bundestag; Members of the European Parliament Rasa Juknevičienė, Nathalie Loiseau, and Rihards Kols; as well as U.S. Congressman Joe Wilson.[2]

 

  • Kakha Kaladze's briefing and the postponement of the celebratory event

On December 13, Tbilisi Mayor Kakha Kaladze announced that on the day of the presidential election, at 7:00 PM, a Christmas tree lighting ceremony and celebratory event would take place on Rustaveli Avenue, the main site of ongoing protests. However, on December 14, Kaladze held a briefing and informed the public that he had decided to postpone the event. According to Kaladze, aggressive protesters had gathered on Rustaveli Avenue and carried out several provocations, including throwing glass bottles at the stage. Kaladze also referred to statements made by President Salome Zourabichvili as provocations. The Tbilisi Mayor emphasized that the "radical opposition" showed little concern for the interests of children, which led him to decide to cancel the event.[3]

Kaladze's statement is another attempt to discredit the protest actions and the peaceful protesters. Like other representatives of Georgian Dream, Kaladze is attempting, without justification, to label the protest participants as aggressive, radical forces—an unfounded accusation, given the peaceful nature of the ongoing protests. On the other hand, with this statement, Kaladze also seems to be trying to portray the ruling power as considering the interests of minors, which is an ironic claim. In reality, the provocative nature was not in the protest itself, but in the decision by Georgian Dream representatives to hold the celebratory event at the same location where protests had been ongoing for 17 days, and where many participants, including minors, had been violently beaten. Naturally, gathering near the legislative body has symbolic significance for the participants, and the Christmas tree lighting event could not be considered a legitimate reason to interfere with the freedom of assembly, let alone disperse the gathering. It is important to note that numerous police officers were mobilized at the site to secure the stage for the "celebratory" event. Moreover, it is crucial to emphasize that the decision to postpone the event was announced by the Mayor of Tbilisi at the last minute, after the groups mobilized by Georgian Dream had already started heading toward the event location, with many already on-site. Some learned about the postponement only through the media. This situation demonstrates that the authorities considered it acceptable to mobilize people for the "celebratory" event, without taking into account the risks that could have led to an escalation at the site. Ultimately, it seems the reason for postponing the event was not to protect civil peace or people’s health, but rather because the Mayor was unable to gather enough people for the event.

  • The Mechanism of Administrative Detention as a Tool for Political Retaliation

Since November 28, nearly 500 demonstrators have been detained. Over these days, alongside various methods for suppressing the protests, the strategy of using the detention mechanism has evolved. In the early days of the protests, law enforcement officers directly detained protesters at the protest sites and used violence against them at the gathering locations. However, in recent days, masked law enforcement officers have been approaching activists near their homes and/or abducting protesters and individuals deemed politically unacceptable by Georgian Dream while they are on their way. This clearly demonstrates that detention has become a tool of retaliation, rather than serving any legitimate purpose, such as maintaining public order and safety.

On the night of December 14, masked "law enforcement officers" abducted Nikoloz (Niko) Managadze on Kostava Street, forced him into a car, and detained him. It was later revealed that his detention was related to his refusal to testify at the police station a few hours earlier. While in the car, the masked officers questioned Niko, asking, "Why didn’t you come to the station? Why are you making us suffer?" They also confiscated his personal belongings before taking him to the police station. Pressure continued at the station, where they asked him, "How long are you going to keep going to protests?" and other similar questions. The police accuse him of disobedience to an officer and verbal abuse, but according to our information, there was no such behavior on his part.

Niko Managadze is not the only person who has been detained for refusing to voluntarily testify. A few days ago, Konstantine (Kote) Chakunashvili, a member of the "JiuTi" movement, was arrested from his own car under the charge of "disobeying a lawful request of the police" before attending a protest. In Chakunashvili's case, the arrest was preceded by a summons for questioning regarding a criminal case one day earlier.[4]

The practice of mass administrative detention is further encouraged by the courts, which label demonstrators as lawbreakers. On December 14, the Tbilisi City Court sentenced Vato Bzhalava, a researcher at the Rondeli Foundation who was detained on December 12 while walking his dog, to 4 days in detention for disobedience to unmarked police officers. Bzhalava stated during the court hearing that he voluntarily presented his identification to the police and got into their car, a claim supported by video footage. He also mentioned that none of the officers who detained him had any identifying markings to show they were law enforcement. Despite his request, they did not reveal their identities.[5] In addition to the fact that Bzhalava did not resist the officers, the Administrative Offenses Code holds individuals accountable for disobeying law enforcement requests. Accordingly, it should be clear to citizens that those detaining them are police officers. By law, officers are also required to disclose their identities and explain the grounds for detention. However, the court disregarded these facts and automatically concluded the existence of an offense.

The practice of ambushing and detaining citizens for refusing to testify violates the requirements of the Criminal Procedure Code. According to the law,[6] testimony is voluntary, and it is prohibited to coerce an individual into providing information or presenting evidence. The forced detention of citizens from the streets and the restriction of their freedom to compel them to appear for questioning, followed by the imposition of an administrative penalty for "disobedience" to the police as an act of "revenge," should be considered illegal from the outset.

  • Amnesty International's report

The international organization Amnesty International published a report[7] on the use of disproportionate force by the police and violence against citizens during the protests that began in Georgia on November 29. The report discusses specific incidents and critically evaluates the increasing repression by the authorities, including cases of physical violence against journalists and protesters, as well as instances of unnecessary or excessive use of force by the police.

The report highlights several key aspects:

  • Qualification of law enforcement's actions as torture – According to the report, the actions of law enforcement (such as beating detainees in enclosed spaces, humiliating treatment, intimidation to stop protests, threats of a sexual nature, and others) are equivalent to torture and other inhuman treatment.[8]
  • Violations of the right to a fair trial – According to the organization's assessment, during the consideration of cases involving individuals detained at protests, systematic violations are evident, such as: restrictions on communication with attorneys, judges disregarding neutral evidence, and the issuance of biased decisions.[9]
  • Total control of public institutions by Georgian Dream – The report notes that the government exerts influence over all institutions, including the judiciary, investigative, and regulatory bodies. This also explains why law enforcement officers do not wear visible identification marks, which would help prevent abuses of power and violent actions.[10]

In recent days, the actions of Georgian Dream clearly demonstrate that they are choosing the path of escalation, leading the country toward a political deadlock. Against the backdrop of pro-European mass demonstrations, the election of a president with a distinctly anti-Western orientation by parliament—convened illegitimately—further deepens the constitutional crisis.

At the same time, the growing arbitrary practice of detaining citizens creates the sense that the government is completely disregarding not only human rights standards but also the basic requirements of Georgia's domestic legislation.

  • Georgian Dream's anti-democratic legislative initiatives

Moreover, the legislative changes recently adopted by Georgian Dream represent a deviation from the constitutional order in the country and, in several areas, significantly worsen established legal standards. Among these changes, the following are particularly notable:

  • The amendments made to the Public Service Law to simplify reorganization effectively abolish the guarantees protecting public servants from illegal dismissal and legalize arbitrary decision-making in personnel matters.
  • The blanket ban on masks at gatherings, which is a clear violation of international standards and appears to be motivated by the intent to target and intimidate demonstrators.
  • Amendments to the Administrative Offenses Code that increase fines for violations related to gatherings, including damage to the city's appearance, disruption of traffic flow, and other such offenses.
  • The imposition of responsibility on parents when a minor commits an administrative offense (including disobedience to the police), along with the introduction of a system for penalizing parents, is a significant shift in legal accountability.

Footnote and Bibliography

[1] Radio Liberty - Two Fridays, from December 14 to 29 - What is happening after Kavelashvili's inauguration? Available at: https://cutt.ly/meV78TQr

[2] Radio Free Europe - 'The legitimate president of Georgia is Salome Zurabishvili' - European politicians on Kavelashvili's election." Available at: https://cutt.ly/meV78TQr

[3] Kakha Kaladze's briefing at the Administration of the Government of Georgia. The video is available: https://cutt.ly/geV4fBG3 

[4] Radio Liberty - Doctor Kote Chakhunashvili, a participant in the protests, was arrested under the charge of disobeying the police. The video is available: https://cutt.ly/qeCTCyS0

[5]Netgazeti - Vato Bzhalava, who was walking his dog near his house and "disobeyed" the uniformed policemen, was sentenced to 4 days in prison. Available at: https://cutt.ly/ueV7qeiL  

[6] Article 113 of the Criminal Procedure Code of Georgia

[7] Amnesty International- GEORGIA: BRUTAL CRACKDOWN ON PROTESTORS AND JOURNALISTS IN GEORGIA:“THEY MAY HAVE BROKEN OUR BONES, BUT THEY WON’T BREAK OUR SPIRITS”. Available at: https://cutt.ly/KeV7NpZd

[8] Ibid, p.3.

[9] Ibid, p.8.

[10] Ibid, p.18.

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