Address of Human Rights Center about November 8 Developments

Human Rights Center believes that the measures taken by the law enforcement bodies during the screening of the Levan Akin’s movie “And Then We Danced” in Tbilisi on November 8 were not enough to combat the activities of homophobic violent groups and eliminate the threats coming from them.

The law enforcement bodies still do not respond the aggressive statements of the leaders of the violent groups, which sometimes contain the signs of criminal offence. 

The government still refrains to implement its positive obligation – to conduct respective preventive measures to combat the controversies with the aggressive groups. 

It is still a problem that senior government officials do not make statements in support of equality. 

During the homophobic demonstration in front of the Amirani Cinema, when Levan Akin’s movie “And Then We Danced” was screened, civil activist Ana Subeliani was attacked by one of the protesters. Unidentified subject was thrown at Ana Subeliani in the head for what she needed hospitalization and medical assistance. The police arrested the perpetrator on the place. According to the Office of the Prosecutor General, Sh. Sh is charged under Article 118 Part I of the Criminal Code of Georgia, which refers to the intentional minor injury of the health. 

  

Human Rights Center believes the imposed charge does not meet the standards established by the criminal law, when discriminative motive of the offence is evident. The investigative bodies continue malicious practice, according to which they absolutely neglect discrimination and hate motive of the crime that substantially alter the context of the accusation. 

The response of the police officers to the crime is particularly problematic as well as adequate implementation of their duties. As victim Ana Subeliani and other witnesses reported, regardless evident verbal and physical violence of the protesters and their multiple petitions to the police officers for help, the police reacted to the assault only after media representatives appeared on the site. 

Human Rights Center condemns the negligence of the police officers and calls on the Ministry of Internal Affairs to continue and intensify its work to train police officers. HRC will petition the General Inspection of the MIA to study alleged fact of improper implementation of the duties by police officers and request punishment of the violators. 

The miscarriages in the police management strategy and tools of large-scaled demonstrations are serious problem in the state. This problem has become more and more acute and inactivity of the responsive bodies creates the threat that the problem will become even more serious. 

HRC condemns insufficient response to the unlawful activities of the radical groups that indicate at the attempted instrumentalization of these groups. It was demonstrated with the statement of one of the leaders of the homophobic group Levan Vasadze when he spoke about his secret meeting with Bidzina Ivanishvili. It is necessary that the Chairman of the Georgian Dream – Democratic Georgia informed the society about the meeting and the discussion during it. 

Instrumentalization of homophobic feelings by different political or religious groups for the political goals creates particular threat to the principles of democratic society and first of all LGBTIQ people. Consequent alarming situation places particular responsibility on the state to take effective measures to mitigate homophobia and support tolerant ideas in the society.

Human Rights Center calls on:

The Ministry of Internal Affairs and Prosecutor’s Office:

- to ensure accurate and impartial investigation of the crimes committed against civil activists;

- to change the qualification of the charge against the defendant of the assault on Ana Subeliani and conduct investigation into discriminative, hate-motivated intentional injury of the health; 

- to immediately study and launch criminal prosecution against the organizers of the violent gathering for organizing the group violence (Article 225 of the CCG); 

- to timely and effectively investigate other violent actions committed by the protesters, which were observed during the protest demonstration against November 8 film screening.

The General Inspection of the MIA:

- to immediately start examination of alleged fact of improper implementation of the duties by some law enforcement officers on November 8, 2019 including the possible fact of destroying the evidence.

The Government of Georgia: 

- to make the statements in support of equality and promote establishment of anti-homophobic and inclusive political environment;

- to elaborate systemic preventive politics against violent extremist groups;

the leader of the Georgian Dream Bidzina Ivanishvili shall inform the society about the details of his meeting with Levan Vasadze and openly announce his position with regard to the activities of the violent groups.

The political parties:

- to acknowledge their political responsibility and avoid political instrumentalization of the marginalized groups;

- it is essential to achieve political consensus in the context of the upcoming 2020 parliamentary elections – to combat further homophobic discourse;

- to declare their views with regard to equality ides before the elections and consequently free their pre-election rhetoric from homophobia and other discriminative messages. 

Human Rights Center