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Police Illegally Restrict Freedom of Assembly and Expression

31.05.2023
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We, the representatives of civil society organizations, are responding to the tendency of unlawful restriction of the right to freedom of assembly and expression guaranteed by the Constitution of Georgia, yet another example of which is breaching Beka Grigoriadis’ rights. Police have kept illegally forbidding citizens from pitching tents during the protest rally, attacked them, and stripped them of their property. 

On 28 May, in the vicinity of the parliament of Georgia, in Oliver and Marjory Wardrops Square, which is 20 meters away from the parliament building, Beka Grigoriadis, the father of Lazare Grigoriadis, a participant in the protest action against the Russian law, launched a protest rally.  
 
The same evening, Beka Grigoriadis tried to set up a tent in the square, but a number of police officers who were nearby attacked him immediately and took his tent away. Grigoriadis and his supporters again tried to pitch a tent in the square the following day, on 29 May. However, the police prevented them from doing so, employing the same violent methods. Civil rights activist Bezhan Tsvimitadze, who was filming the police officers’ illegal actions using his smartphone, was arrested. 

As Beka Grigoriadis’ protest rally was underway, the police aimed to stop the protesters from pitching a tent. Before setting up the tent and taking it away, the police had not warned citizens against pitching it. Additionally, the police officers refused to explain Beka Grigoriadis the procedure of seizing the tent, which was his property, and returning it.  

The Constitution of Georgia guarantees the right to peaceful assembly and freedom of expression. The government may stop the gathering only if it becomes unlawful. In enjoying this right, citizens may show their protest against any issue publicly and unarmed, both inside their houses and in public space. They may use tents and pitch them in squares and other public places. 

The Georgian legislation does not impose any restrictions on tent use. Banning citizens from pitching a tent in the square has no legal grounds. According to the Law of Georgia on Assemblies and Demonstrations, only setting up a tent on a public road is prohibited; however, the law does not ban bringing tents if they do not block public roads or paralyze administrative buildings. Accordingly, denying the right to pitch a tent in the square is illegal. 

According to the civil society organizations, the act of seizing Beka Grigoriadis’ tent and using excessive force in doing so resulted in an illegal restriction of freedom of assembly and expression guaranteed by the Constitution of Georgia. In addition, this was not caused by the needs of a democratic necessity, and in restricting this right of citizens, no proportionally restrictive measure was applied as it is envisaged in the Constitution of Georgia and the Law of Georgia on Assemblies and Demonstrations. 

We call upon the Ministry of Internal Affairs to end the practice of illegally restricting freedom of assembly and expression, which is guaranteed by the Constitution of Georgia. 

  • The Human Rights Center
  • The Social Justice Center 
  • The Open Society Foundation Georgia
  • Georgian Democracy Initiative
  • Transparency International Georgia
  • Georgian Young Lawyers' Association 
  • Georgian Court Watch
  • Democracy Defenders
  • Safari
  • Media Institute
  • The Women's Initiatives Supporting Group (WISG)
  • Georgia's Reforms Associates (GRASS)
  • Rights Georgia
  • Democracy Research Institute
  • International Society for Fair Elections and Democracy (ISFED)
  • Tbilisi Pride
  • Green Alternative
  • The Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims (GCRT)
  • Women's Fund in Georgia 
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