During the last 10 days, from 28 November to 7 December, 2024, Georgia has become covered with a large-scale legitimate protest. The protests are taking place every day in Tbilisi. The legitimate protest has been sparked by the suspension of the EU accession negotiations by the “Georgian Dream”. In addition, these protests also represent a continuation of previous protests regarding the elections and, generally, the backsliding of democracy in Georgia and the sharp deterioration of the human rights situation, held throughout different periods of 2024.

The scale and coordination of the violence confirm that a criminal operation against the civil engagement is taking place. Since 28 November 2024, in the name of the official police measure, in Georgia[1] following developments have taken place:

§  - Torture; inhuman; degrading treatment of a large group of demonstrators and media representatives; the absolute majority of the arrested people have been beaten.

§  Violation of not only the rules for employing active special means (water cannons, tear gas, pepper spray), but also using them in ways that pose significant risks to life and health;

§   - Attacks by informal criminal groups against demonstrators and media representatives;

§  - Targeted persecution of media representatives, in some cases leading to injuries and necessary hospitalization;  

§  - Unlawful arrests under administrative offences (up to 500 individuals are arrested, while the Council of Europe Commissioner for Human Rights also asked the Government to release those arrested unlawfully);

§  - Search and seizure operations in private residences/offices;

§  - Applying criminal law mechanisms against the demonstrators (over 30 individuals are arrested);

§  - Threats against public servants – in addition to the physical violence, the Government attempts to suppress freedom of expression of public servants through direct or indirect threats regarding their dismissal and calls for their resignation.[2]

(1)    The unlawful decisions on the dispersal of the rally

Prior to using the force against the peaceful demonstrators by the State, the Ministry of Internal Affairs often issues a false statement that the rally exceeds the requirements of the Law of Georgia on Assemblies and Demonstrations and becomes entirely violent.[3] The fact that this statement is false is also confirmed by the assessment of the OSCE, according to which: “[...] the overwhelming majority of demonstrators were peaceful”. According to the case-law of the European Court of Human Rights (ECtHR), when the majority of the rally participants are peaceful, no fact can render the assembly unpeaceful and, therefore, the dispersal of the whole rally and peaceful demonstrators cannot be justified.[4] Hence, in absolutely every situation during previous 10 days when the police forces started the dispersal of the whole rally, it was unlawful.

(2)    The means applied to disperse the rallies are not only disproportionate, but, through their content, also constitute an organized crime

I.  The absolute right of peaceful demonstrators, journalists and detainees is violated - prohibition of torture, inhuman and degrading treatment.[5] Torture, inhuman and degrading treatment have become widespread, systematic, and large-scale, affecting both rally participants and journalists.

It is widespread, and in almost all cases, the physical violence occurs not only against detainees,[6] but, also, against individuals who are nearly unconscious and in need of assistance.[7] Almost all of the 500 detainees were subjected to physical violence along with psychological pressure.[8] “[Citizens detained and injured during the protests] have serious injuries to the face, eyes, and head, which practically excludes the probability that the police each time used the necessary, proportionate force against them. The location, nature and degree of the injuries create a credible impression that the police are using violent methods against citizens for the purpose of punishment. Intentional, severe violence for the purpose of punishment constitutes an act of torture.“[9]

According to the detainees, they were subjected to violence by law enforcement officers both during and after their arrest. In the police vans, they were beaten by several special forces officers.[10] In addition to the beating, officers spat on the detainees, verbally abused them, and threatened to rape them.[11] The special forces took off the shoes of the detainees, leaving many barefoot upon arrival at medical facilities.[12] They also confiscated their mobile phones and demanded that they unlock them.[13] In some instances, the violence against detainees continued even inside the [police] stations.[14] One detainee reported that officers attempted to force him to confess a crime through physical violence.[15]

II.   The practice of using special means reaches the threshold of inhuman treatment

The special forces often use tear gas and water cannons without grounds, also, simultaneously, and in disregard of the safety rules[16] for their deployment.[17]  Tear gas canisters are fired in large quantities and in areas where people are closely standing, posing a real risk of direct injury. The canisters were also thrown from the rooftops of the buildings, among them, several citizens stated that the canisters were thrown from the roof of the Rustaveli National Theater. Furthermore, the cold-water cannons are also used disproportionately in the cold temperature.[18]

The MIA continues mixing water cannons with a chemical irritant,[19] which causes even more damage.[20] Numerous demonstrators reported severe health effects caused by the special means. Despite the calls from GYLA to the MIA to disclose the information regarding the used means, so that at least medical personnel can duly treat the victims, the MIA continues applying undisclosed chemical substances against the peaceful demonstrators.[21]

In addition to special means, the special force units started using the encirclement tactics, employing special means against the demonstrators from different directions, accompanied by violence and arrests.[22] According to the European Court of Human Rights, such action can only be used when it is proportionate,[23] while in other cases, where other special means are used, similar tactics pose a disproportionate risk of injury or other harm to the demonstrators.[24] Taking into consideration that the special forces had been already employing other special means, such tactics not only violate the right to peaceful assembly but also serve as a tool of psychological terror against the demonstrators.

III.  The purpose of all actions taken against media representatives is to suppress the functioning of the media

During the dispersals, a key target has become the media. Instances of intentional interference with journalists’ professional activities, including the use of water cannons against media personnel, intentional destruction of cameras, physical violence, and arrests - have accompanied the demonstrations, outlining the interest of the police forces to prevent coverage of the violent dispersal of the protests and other violations.[25]  

IV.   Enforced Disappearance, the disregard of procedural safeguards

Since 7 December 2024, individuals have been unlawfully and arbitrarily taken from their houses by unknown persons, leaving their families unaware of the reasons for this or their whereabouts. It remains unclear whether these persons involved are law enforcement officials. For hours, neither lawyers nor family members are informed regarding the person’s location, condition and their legal status.  

More particularly, in the afternoon of December 7, multiple reports emerged of rally participants being approached at their homes by unknown individuals. According to family members and friends, the rally participants were taken from their homes by the individuals, who claimed to be law enforcement officers but were not in uniform. They simply stated that they wished to conduct an interview. They took the individuals without providing any justification or explanation.[26]

Such practices may constitute enforced disappearance, which occurs when private individuals, acting with the authority, support, or consent of the state, secretly abduct, arrest, or otherwise deprive individuals of their liberty in ways that deliberately conceal their fate or whereabouts, thereby placing them outside the protection of the law.^[27]

In addition, the State grossly disregards the procedural safeguards, including the fundamental constitutional right, such as the right to access to a lawyer upon the arrest. 

It was then revealed that some of these individuals were taken to the Central Criminal Police Department, where, despite the lawyers’ explanation that the persons under their legal assistance had not consented to the questioning, these individuals were forcibly subjected to it. The lawyer was not allowed to be with the persons who had been forcibly taken to the questioning and he/she was waiting outside the department while the procedure was taking place.[28] At the same time, a lawyer from the Legal Aid Network received alarming information from one of the beneficiaries. Namely, according to the arrested person, during their arrest, masked individuals forced the person in the police car with them to hold a knife, while making him/her repeat that it was his/her melee weapon.[29]

V.    Involvement of informal criminal groups against the protest

The number of attacks by violent groups on journalists and demonstrators is increasing. The developments of the past few days, coupled with similar criminal practices in April-May 2024, strongly suggest that state institutions are acting in alliance with informal criminal groups.

VI.   The inactivity of the Special Investigation Service

The systematic inactivity of the Special Investigation Service regarding crimes committed against demonstrators and journalists over the past 10 days, as well as regarding the similar violations in the past, suggests their complicity in these acts of violence.

GYLA continues to monitor the current conditions concerning freedom of assembly and other rights and, based on evidence, will provide the public with objective information.