Human Rights Organizations Call for Investigation into 26 May Developments

As of today, 5 people fell victim to the May 26, 2011 developments on Rustaveli Av. We express our deep condolence to the families of the deceased persons. Once again, this tragedy confirms the need for a comprehensive, unbiased, timely and efficient investigation into human rights abuse and violation of laws. Despite the availability of legal grounds and the authorities' calls for leaving the territory by protesters before breaking up the rally, the force used by the Ministry of Interior Affairs on May 26, 2011 was disproportionate. Video footages disseminated by different media outlets make it clear that law enforcement bodies used excessive force even when protesters did not or could not offer any resistance. It is deprived of any legal or reasonable grounds to chase and physically assault people who are running away or hiding in buildings.

Purposeful interference with professional activities of journalists both by protesters and law enforcement bodies, damaging their equipment, assaulting them physically and verbally should be condemned either.

Information on depriving several protesters of liberty unlawfully, kidnapping them and treating detainees severely also raises concerns.
Furthermore, no list of detained people was available for 48 hours after breaking up the rally. Most of the detained protesters were not given timely any opportunity to get in touch with their family members, get medical or legal assistance guaranteed by law. Whereabouts of tens of protesters are still unknown.

Moral responsibility for tragic consequences of dispersing the rally lies both with its organizers and law enforcement bodies, because none of them could assure adequate safety of citizens. In our opinion, the organizers and responsible persons shall abide by law and secure the peaceful assembly.

On the other hand, in order to avoid and prevent the tragedy, the law enforcement bodies should have made available to the public the materials published later in a timely manner.

We call for the authorities and law enforcement bodies to:

- Make sure all detainees are provided with medical assistance, the opportunity to get in touch with their families and have the protection guaranteed by law;

- Announce search for missing citizens;

- Launch an exhaustive, efficient, unbiased and timely investigation into the facts of using disproportional force when breaking up the rally and call to account those who are guilty;

- Look into the facts of interfering with journalists' professional activities, abusing them physically and inflicting material damages to them;

- Launch an efficient, unbiased and timely investigation into the facts of loss of lives in the process of breaking up the rally;

- Given the public interest, the Public Defender and international human rights organizations should be given the opportunity to observe the investigation process; results of the investigation should be made available to the public.

Young Lawyers' Association
Open Society - Georgia Foundation
International Society for Fair Elections and Democracy
Public Defender
42nd Article of Constitution