On January 3, 2011 police officers dispersed the protest demonstration of the war veterans in the Hero Square through blatant violation of the law under physical force. The MIA justified the incident by the clarification which is unforeseen in the law; when discussing the case of veterans, the court did not study any reasonable evidence like video-materials of the TV-Company “Kavkasia” and online TV www.palitratv.ge.
The video-materials spread by various Georgian media sources prove that on January 3, 2011 the police officers approached the veterans on hunger-strike in the Hero Square and requested them to stop rally… After their request was not satisfied, the police officers started to disperse the demonstrators under force; they physically assaulted the veterans and their supporters. MIA official Otar Gvenetadze dressed in civil clothes physically assaulted the head of Isani district office of the Georgian Party Eka Matiashvili; other detainees also have injuries on the bodies.
Online TV www.palitratv.ge spread video materials which clearly demonstrate that people in civil clothes assist the representatives of the law enforcement bodies to push demonstrators into police cars; thus, police officers executed their responsibilities without their uniforms. In accordance to the Article 28 Part I of the Law of Georgia on Police “police officer wears the uniform as it is requested by the Georgian legislation.” This requirement was breached by the dispersers of the demonstration.
The MIA justified the dispersal of the demonstration as follows:
“Participants of rally refused to obey requests of Patrol Police to remove tents, offered resistance and verbally insulted police officers. Some of the rally participants were extremely active, who were under obvious alcohol influence. The detainees have undergone drug examination according to which two of the detainees were under alcohol influence”
The allegation of the MIA as if the demonstrators had set up handmade tents in the Hero Square was not true. This allegation is not confirmed by the video-materials provided by TV-Companies either. However, even if the tents were used by hunger-strikers, the requirement of the police officers was completely unlawful because Article 111 of the Law of Georgia on Assembly and Manifestation prohibits blockade of traffic movement in the streets by various constructions. Nobody argues that the veterans did not hold their protest rally in the street. Besides that, the requirement of the police officers to stop demonstration was not legal. “Article 13, Part I of the Law on Assembly and Manifestation states that authoritative representative of the local authority is entitled to require protest demonstrators to stop their action. The video-materials of the TV-Companies demonstrate that patrol police officers requested them to stop rally instead an official of the local authority. The video-materials do not confirm the allegation of the MIA on insulting the police officers from veterans’ side. Moreover, a rally participant was detained far from the rally venue after the protest demonstration was already dispersed.
In accordance to the official statement of the MIA, police detained 11 participants of the veterans’ rally (Zaza Germanozashvili, Ilia Chiloshvili, Valeri Dzebirashvili, Levan Asatiani, Malkhaz Topuria, Amur Revishvili, Sergo Dvali, Levan Asatriani, Leonid Ekhvaia, Shota Iamanidze and Shota Zghudadze) under Article 166 of the Administrative Code of Georgia (hooliganism) and Article 173 (disobedience to the legal requirement of the police officer).
The Judge Tea Tadashvili at the Administrative Collegium of the Tbilisi City Court discussed the case. The attorneys of the detainees requested to enclose the video-material of the TV-Company “Kavkasia” to the case material as evidence which could neutralize the allegation of the police officers as if their requirements to rally participants were legal and that the veterans physically assaulted and insulted them. The court did not satisfy their request because of lack of grounds though did not clarify why it was groundless. The court did not envisage the circumstance that there were five preliminary warnings and every detainee was found guilty and imposed fine of 400 GEL on each of them.
Based on the abovementioned facts, we call upon the Ministry of Internal Affairs of Georgia and the Chief Prosecutor’s Office of Georgia to carry out thorough and impartial investigation and impose legal responsibility on the law enforcement officers who illegally dispersed rally participants on January 3, 2011 and used force against them.
The organization representatives sent letters to the Prosecutor’s Office of Georgia and MIA.
The petition was signed by:
Foundation “Open Society –Georgia”
Georgian Young Lawyers Association
Transparency International – Georgia
International Society for Fair Elections and Democracy
Article 42 of the Constitution
Human Rights Center
Multinational Georgia
Magazine “Liberal”
Media Club
Levan Mikeladze Foundation
Georgian Legion
Association “Law and Freedom”
The video-materials spread by various Georgian media sources prove that on January 3, 2011 the police officers approached the veterans on hunger-strike in the Hero Square and requested them to stop rally… After their request was not satisfied, the police officers started to disperse the demonstrators under force; they physically assaulted the veterans and their supporters. MIA official Otar Gvenetadze dressed in civil clothes physically assaulted the head of Isani district office of the Georgian Party Eka Matiashvili; other detainees also have injuries on the bodies.
Online TV www.palitratv.ge spread video materials which clearly demonstrate that people in civil clothes assist the representatives of the law enforcement bodies to push demonstrators into police cars; thus, police officers executed their responsibilities without their uniforms. In accordance to the Article 28 Part I of the Law of Georgia on Police “police officer wears the uniform as it is requested by the Georgian legislation.” This requirement was breached by the dispersers of the demonstration.
The MIA justified the dispersal of the demonstration as follows:
“Participants of rally refused to obey requests of Patrol Police to remove tents, offered resistance and verbally insulted police officers. Some of the rally participants were extremely active, who were under obvious alcohol influence. The detainees have undergone drug examination according to which two of the detainees were under alcohol influence”
The allegation of the MIA as if the demonstrators had set up handmade tents in the Hero Square was not true. This allegation is not confirmed by the video-materials provided by TV-Companies either. However, even if the tents were used by hunger-strikers, the requirement of the police officers was completely unlawful because Article 111 of the Law of Georgia on Assembly and Manifestation prohibits blockade of traffic movement in the streets by various constructions. Nobody argues that the veterans did not hold their protest rally in the street. Besides that, the requirement of the police officers to stop demonstration was not legal. “Article 13, Part I of the Law on Assembly and Manifestation states that authoritative representative of the local authority is entitled to require protest demonstrators to stop their action. The video-materials of the TV-Companies demonstrate that patrol police officers requested them to stop rally instead an official of the local authority. The video-materials do not confirm the allegation of the MIA on insulting the police officers from veterans’ side. Moreover, a rally participant was detained far from the rally venue after the protest demonstration was already dispersed.
In accordance to the official statement of the MIA, police detained 11 participants of the veterans’ rally (Zaza Germanozashvili, Ilia Chiloshvili, Valeri Dzebirashvili, Levan Asatiani, Malkhaz Topuria, Amur Revishvili, Sergo Dvali, Levan Asatriani, Leonid Ekhvaia, Shota Iamanidze and Shota Zghudadze) under Article 166 of the Administrative Code of Georgia (hooliganism) and Article 173 (disobedience to the legal requirement of the police officer).
The Judge Tea Tadashvili at the Administrative Collegium of the Tbilisi City Court discussed the case. The attorneys of the detainees requested to enclose the video-material of the TV-Company “Kavkasia” to the case material as evidence which could neutralize the allegation of the police officers as if their requirements to rally participants were legal and that the veterans physically assaulted and insulted them. The court did not satisfy their request because of lack of grounds though did not clarify why it was groundless. The court did not envisage the circumstance that there were five preliminary warnings and every detainee was found guilty and imposed fine of 400 GEL on each of them.
Based on the abovementioned facts, we call upon the Ministry of Internal Affairs of Georgia and the Chief Prosecutor’s Office of Georgia to carry out thorough and impartial investigation and impose legal responsibility on the law enforcement officers who illegally dispersed rally participants on January 3, 2011 and used force against them.
The organization representatives sent letters to the Prosecutor’s Office of Georgia and MIA.
The petition was signed by:
Foundation “Open Society –Georgia”
Georgian Young Lawyers Association
Transparency International – Georgia
International Society for Fair Elections and Democracy
Article 42 of the Constitution
Human Rights Center
Multinational Georgia
Magazine “Liberal”
Media Club
Levan Mikeladze Foundation
Georgian Legion
Association “Law and Freedom”
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