The ongoing protests, which erupted in response to the government's unilateral shift in Western policy on November 28[1], have now reached their eighth day, marred by systemic practices of excessive police force against peaceful gatherings, unlawful arrests of demonstrators, and acts of torture as well as inhuman and degrading treatment of detainees.

Facts of Arrests and Interference with Journalistic Activities

On December 6, at dawn, police arrested several participants of the peaceful demonstration. Law enforcement officers instructed the assembled youth to extinguish a bonfire to facilitate the commencement of cleaning services at the site. Media reports indicate that demonstrators and police initially reached an agreement. However, one police officer unexpectedly began arresting two demonstrators, escalating tensions at the scene. Subsequently, officers arrested several more participants of the demonstration.[2]

Moreover, police obstructed a journalist attempting to document the arrest of protest participants, hindering them from fulfilling their professional duties and even attempting to seize their phone.[3]

The practice of unlawful checks, stops, and demands for authorization of citizens en route to a protest rally

Last night, as on December 4, law enforcement engaged in the unlawful practice of mass stops and checks targeting citizens heading to a protest in subway station lobbies and surrounding areas. As the peaceful demonstration on December 5 began, officers unjustifiably stopped, checked, and inspected individuals and their belongings without cause.[4] These actions contravene national legislation and run counter to international human rights standards, which discourage intrusive anticipatory measures. Law enforcement officials are advised to refrain from stopping, checking, or detaining individuals en route to an assembly unless there is a clear and immediate threat of imminent violence.[5]

It is concerning that, on December 5, law enforcement officers not only conducted unlawful checks of citizens but also required individuals on the way to the protest to present their identity documents, subsequently recording their details in special registers.[6]

The Law of Georgia on Police outlines specific and exhaustive circumstances in which law enforcement officers are authorized to request identification documents from citizens. [7]In this context, the indiscriminate and non-individualized demands for identification from individuals proceeding to a protest rally, coupled with the subsequent recording of their information by law enforcement, exceed the legal boundaries established by Georgian legislation. Such practices appear to be aimed at deterring the exercise of the right to assemble and demonstrate through intimidation.

Violation of the Principle Limiting the Use of Force and Detention Against a Minor in Kutaisi

On December 5, 2024, in Kutaisi, the principle prohibiting the use of force and detention of minors was violated during a protest.

Live broadcast footage shows a teenager participating in the demonstration lying unconscious on the pavement,[8] while police officers forcefully and aggressively attempted to arrest the individual, harming another minor in the process.[9] Reports indicate that the teenager threw a colored smoke flare during the peaceful demonstration and was subsequently detained under the pretext of maintaining "public order."

Under the Juvenile Justice Code Of Georgia, detaining a minor is permitted solely as a measure of last resort.[10]

The need to maintain public order, allegedly arising from the use of colored smoke flares, cannot be considered a legitimate or extreme circumstance to justify the detention of a minor. The unlawful detention of a minor during a peaceful demonstration reflects a deliberate strategy to exert psychological pressure on citizens, creating a chilling effect aimed at deterring participation in future protests.

New Reports on the Systematic Inhuman and Degrading Treatment of Arrested Protesters

Since November 28, 2024, authorities have arrested more than 325 individuals during the protests, including minors, women, journalists, representatives of civil society organizations, and lawyers.[11]

From the earliest days of the mass illegal arrests of demonstrators, lawyers from the legal aid network of civil society organizations provided daily updates highlighting the systematic and inhuman treatment of those in custody. They noted that law enforcement authorities had severely beaten most of those arrested. All individuals suffered from concussions, multiple bruises, and hematomas, and struggled to move and speak.[12]

According to the detainees, law enforcement officers begin using violence at the moment of detention, immediately after ensuring no journalists are present. Before forcing detainees into minibuses, Special Forces officers savagely beat them inside the cordons, all while swearing and hurling verbal abuse. Afterwards, they pack them into previously cleared minibuses and continue beating them until they lose consciousness. According to the detainees, five or six Special Forces officers assault each person at once, mercilessly striking their faces, heads, and entire bodies, while cursing, spitting on them, and threatening to rape them with batons.[13]

According to the arrested protesters, police officers stationed outside the buses shouted and applauded as the sounds of torture emanated from within. They further reported that an older officer orchestrated the violence, ensuring the victims remained alive throughout the ordeal.[14]

Periodically, former arrestees disclose new details of the inhumane treatment they endured. One individual reported that, after prolonged, continuous beatings, his raincoat was drenched in blood.[15]

Moreover, they stated that special forces recorded the brutal beatings of detainees on video, forcing them to say the phrase “Glory to Khareba.” If the detainees refused, the officers would subject them to even more severe beatings. (“Khareba” is a well-known nickname for Zviad Kharazishvili, the head of the Special Tasks Department.)

As Traumatologist Vato Gvazava recalls, after the arrest, they beat him until he lost consciousness- to prevent him from shielding his body with his hands, they held both of his arms and continuied to strike him with kicks and fists.[16]

Another severely beaten 20-year-old detainee requested medical assistance for 35 hours. Despite his severe headache, persistent nausea, widespread body pain, and difficulty moving, the temporary detention department refused to transfer him to a clinic.[17]

The Public Defender also reported the same systemic violence. Having personally visited some of the detainees in pre-trial detention centers, he described their treatment by special forces as brutal. According to his findings, 71% of those visited reported ill-treatment, and 51% exhibited visible injuries.[18]

Furthermore, he concluded that the location, severity, and nature of the injuries rule out the possibility that the police employed only proportional force. This strongly indicates that the police use violence against citizens as a form of punishment. The Public Defender also noted that deliberate, severe violence intended to punish constitutes torture.[19]

Criminal Prosecution as a Tool to Restrict Assembly and Expression

Since November 28, 24 individuals have been arrested under criminal law for their involvement in protest activities. According to the Ministry of Internal Affairs, 13 people have been detained on charges of organizing, leading, and participating in group violence, as well as publicly calling for violent actions during the ongoing protests. One person was arrested on charges of preparing an explosion, and nine individuals faced charges of property damage and violence against a police officer.

Notably, over the past two days, there has been a discernible trend of arresting publicly known individuals under criminal law. Among those charged with organizing group violence, actors, comedians, and civic activists are the most frequently targeted. This pattern suggests that the government is intentionally adopting a strategy of exemplary punishment against individuals with social capital to suppress the widespread and ongoing protests in Tbilisi and other cities by fostering an environment of self-censorship and fear.

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