Geneva-Paris-Oslo-Tbilisi, June 22, 2023 -
Georgian law enforcement
authorities arbitrarily arrested seven activists peacefully
exercising their right to protest in front of the parliament building
in capital Tbilisi on June 2, 2023.
Four
human rights groups
condemn these arbitrary arrests as they directly infringe upon the
fundamental rights to freedom of expression and assembly. The
signatory organisations demand an immediate and unequivocal cessation
of the administrative harassment of protesters and call on the
Georgian authorities to protect freedom of expression in the country
in line with the country’s
international obligations.
On June 2, 2023, a peaceful protest took place in
front of the parliament building in the capital Tbilisi, organised by
the Georgian civil society group GEUT (‘stubborn’). The activists
were holding paper banners, calling for the respect of the rights to
freedom of expression and assembly, and expressing their criticism
against the Georgian authorities. In response to the action, police
arbitrarily arrested at least seven protesters, including four human
rights defenders: Saba Brachveli, lawyer
and employee of the Open Society Foundation;
Eduard Marikashvili, Chairperson of the
Georgian Democracy Initiative; Nika
Romanadze, civil society activist; and
Shota Tutberidze,
lawyer of the Tolerance and Diversity Institute.
Police also detained at least three
more civil society leaders, including Levan Nishnianidze, - member of
the “Girchi-More Freedom” party.
Among the seven detainees, one was holding a copy
of the Georgian constitution, and another was holding a blank sheet
of paper at the protest action. Some protesters were holding banners
where they modified the first name of Prime Minister Irakli
Gharibashvili, resulting in a pronunciation that resembled an
inappropriate word. The police damaged or confiscated these banners
during the arrests, used excessive force, and failed to provide the
grounds for detentions, as well as to explain detainees their rights.
Moreover, the lawyers of the detainees were not informed about the
whereabouts of their clients and were not allowed to see them in the
first hours following their arrest.
Marikashvili, Romanadze and Brachveli were taken
to Telavi's temporary detention facility, while others were held in
the detention facility in Dusheti. Authorities
released Marikashvili, Romanadze and Brachveli after 48 hours of
pretrial detention - the maximum term allowed by the legislation -
while the remaining detainees were released several hours earlier.
After their release, the
seven detainees were accused of the
administrative charges of “hooliganism” and “disobeying the
order of police” (Article 166 and Article 173 of the Administrative
Offences Code of Georgia, respectively). The first trial hearings
were conducted on June 6. Further hearings were postponed for several
weeks and will reportedly resume by late June. If found guilty, the
human rights defenders will either face fines or administrative
arrest of up to 15 days.
The arrests and prosecution of activists for
peacefully holding paper banners infringed upon their rights to
freedom of expression and freedom of assembly. The 48-hour pretrial
detention, without timely court proceedings, raises concerns about
arbitrary detention and denial of the right to a fair trial.
Additionally, excessive use of force by the police during the arrests
and confiscation and damage to paper posters amount to police abuse,
undermining the freedom from ill-treatment and individuals' right to
express their opinions freely.
Freedom of assembly and the right to express
one’s views through it are among the paramount values of a
democratic society. The
recent wave of arbitrary arrests of civil society activists in
Georgia constitutes a concerning trend that poses a threat to the
democratic fabric of society and the ability of individuals to freely
assemble and express themselves. The arbitrary practice of
administrative arrests is being used to exert control over peaceful
protesters and organisers, weaken citizens' ability to self-organise,
intimidate individuals, and harass human rights defenders. Georgia
is a party to a number of international human rights treaties,
including the European Convention on Human Rights, which obliges the
government to respect the right to freedom of assembly and to refrain
in all circumstances from engaging in prohibited ill-treatment and
harassment of protesters.
Four human rights groups condemn these arbitrary
arrests and urge the authorities to immediately drop the
administrative charges against peaceful protesters.
|