NEWS
According
to public sources, during the ongoing protest on Melikishvili Avenue, law
enforcement officers reportedly engaged in acts of violence against media
representatives. Specifically, Sergi Baramidze, a cameraman for “Mtavari”, was
allegedly obstructed while filming, physically assaulted, and had his camera
broken by several police officers. He was subsequently detained after falling
to the ground. Additionally, reports indicate instances of physical violence
against a journalist from “Publika”.[1]
In a democratic
society, the media serves as a crucial watchdog institution, playing a
fundamental role in ensuring transparency and accountability.[2]
The impartial and independent dissemination of information and ideas on matters
of public interest is a core responsibility of media representatives, while the
public has a corresponding right to access such information. A key function of
the media includes covering public or political gatherings and demonstrations,
thereby informing the public about the events that unfold at such rallies. [3] This coverage is
essential for evaluating the actions of both the organizers and participants of
the rallies, as well as the conduct of law enforcement officers. Additionally,
it helps shape public opinion on these issues. Law enforcement
officers are not only obligated to refrain from interfering with the work of
media representatives during rallies but are also required to actively support
and facilitate their ability to cover events comprehensively.[4]
Measures that obstruct journalists from performing
their professional duties violate international
standards, including the right
to freedom of expression guaranteed under Article 10 of the European Convention
on Human Rights. Furthermore, the deliberate seizure or damage of journalists'
equipment, including recorded footage, is entirely unacceptable.[5] In
accordance with international standards, any unlawful interference in a
journalist's professional activities, including threats of violence or abuse of
official position, is prohibited. These
actions are also punishable under Article 154 of the Criminal Code of Georgia,
which criminalizes the obstruction of lawful journalistic activities.
In the event of
interference with a journalist's professional activities, the state must ensure
that those responsible are punished through transparent and swift procedures.
Insufficient efforts on the part of the state, including delaying
investigations and failing to bring perpetrators to justice, fuel a syndrome of
impunity, encourage violence against journalists and other media
representatives, and undermine public trust. [6]
In addition, we would
like to remind the public that the trend that began in previous years regarding
the restriction of freedom of expression and the security of media
representatives has significantly worsened after the initiation of the “Russian
Law.” Cases of illegal interference and obstruction in the professional
activities of journalists have become even more frequent. The investigation
conducted by the Special Investigation Service in this regard is characterized
by significant challenges.[7] The
inaction and ineffective investigation of the Special Investigation Service are
fueling cases of violence against journalists.
GYLA calls on:
·
The Ministry of Internal Affairs of Georgia - to stop the
practice of using force against demonstration participants and their illegal
detention, release those who have been unlawfully detained, and refrain from
interfering with media representatives performing their professional duties at
demonstrations. Additionally, the Ministry should promptly disclose information
regarding the number and whereabouts of detained persons.
·
The Special
Investigation Service – to promptly
investigate the facts of the detention of media representatives and
demonstrators, the violence committed against them by law enforcement officers,
and the illegal interference with the professional activities of journalists.
It should also ensure timely informing the public about the measures taken.
GYLA continues to monitor the events taking place
at the rally, including studying cases of violence against activists. A joint
hotline of non-governmental organizations has also been launched - 577 070563.
Our lawyers are ready to provide assistance to those detained and injured at
the rally in a continuous manner.
[1] Police physically assaulted a journalist from Public and a cameraman
from Main Channel, Publica, 19.11.24, available at: https://publika.ge/policiam-publikis-djurnalistsa-da-mtavari-arkhis-operatorze-fizikurad-idzalada/.
See the alleged facts of interference in
journalistic work: https://www.facebook.com/1649314348/videos/582184674496854/,
https://www.facebook.com/givi.avaliani/posts/pfbid0365TLnYnuDNUq6fb2Zd3TfHd9U8iCo6Uek512GE52nVfiLg3XYgaiJ6CU3tMEPLbml?locale=ka_GE
[2] Fatullayev v. Azerbaijan, no. 40984/07, § 88, 22/04/2010.
[3] Najafli v.
Azerbaijan, no. 2594/07, § 66, 02/10/2012.
[4] OSCE
Representative on Freedom of the Media, Special Report: Handling of the media
during political demonstrations, Observations and Recommendations, June 2007.
[5]OSCE Representative on Freedom
of the Media, Special Report: Handling of the media during political
demonstrations, Observations and Recommendations, June 2007.
[6] Behind the Lost Eye, Legal Assessment of the Events of
June 20-21, GYLA, p. 67. Available at: https://gyla.ge/files/news/%E1%83%A4%E1%83%9D%E1%83%9C%E1%83%93%E1%83%98/%E1%83%93%E1%83%90%E1%83%99%E1%83%90%E1%83%E1%83%92%E1%8
3%A3%E1%83%9A%E1%83%98%20%E1%83%97%E1%83%95%E1%83%90%E1%83%9A%E1%8
3%98%E1%83%A1%20%E1%83%9B%E1%83%98%E1%83%A6%E1%83%9B%E1%83%90.pdf.
[7] GYLA's report Human Rights amidst Russian Law, p. 15, is
available. https://gyla.ge/files/%E1%83%90%E1%83%93%E1%83%90%E1%83%9B%E1%83%98%E1%83%90%E1%83%9C%E1%83%98%E1%83%A1%20%E1%83%A3%E1%83%A4%E1%83%9A%E1%83%94%E1%83%91%E1%83%94%E1%83%91%E1%83%98%20%E1%83%A0%E1%83%A3%E1%83%A1%E1%83%A3%E1%83%9A%E1%83%98%20%E1%83%99%E1%83%90%E1%83%9C%E1%83%9D%E1%83%9C%E1%83%98%E1%83%A1%20%E1%83%9E%E1%83%98%E1%83%A0%E1%83%98%E1%83%A1%E1%83%9E%E1%83%98%E1%83%A0.pdf
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