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Despite the promises of the Ministry of Internal Affairs regarding the protection of the event, on July 8, the participants of the homophobic, anti-Western rally broke into the private territory of "Lisi Wonderland" to disrupt the Tbilisi Pride Festival and ransacked the territory. The police evacuated the organizers and participants of the Pride festival. And the attackers destroyed the constructions and possessions in the private territory and stole some of the things.
The Ministry of Internal Affairs has launched an investigation into the events surrounding the July 8 Pride festival. It should be noted that the investigation is only going under the articles:
- Theft (Article 177 of the Criminal Code) and
- Damage or destruction of property (Article 187 of the Criminal Code).
According to the decision of October 3, 2023, the prosecutor of the case refused to grant the status of victims to the organizers and participants of the Pride festival who were evacuated because of the violent attack. The lawyers appealed to the mentioned superior prosecutor.
"Georgian Democracy Initiative" (GDI) organization defending the rights of Tbilisi Pride and their lawyers argue that argue that in addition to theft and property damage, numerous articles were also violated such as:
1. "Violation of inviolability of domicile or of any other property" - the second part of Article 160 of the Criminal Code, since the festival was held in private property, which is surrounded by fences, and it was entered by force.
2. "Robbery" - Article 178 of the Criminal Code, since the persons participating in the attack unlawfully appropriated soft drinks and alcoholic beverages, various items, tools, etc., available at the festival. which happened in front of many policemen, media, and people.
3. "Persecution" - Article 156 of the Criminal Code, since violent groups openly express aggression and hatred towards LGBT people.
4. "Violation of the right to assembly or demonstration"- Article 161 of the Criminal Code, since the organizers and participants of the Pride festival could not enjoy the right guaranteed by the mentioned constitution, because it was violated due to the inaction of violent groups and the Ministry of Internal Affairs.
5. "Organization, leadership or participation in group violence" - Article 225 of the Criminal Code. According to the mentioned article, the investigation should be started against the organizers and leaders of the violent group, as well as the persons participating in such violence.
6. "Aggravating Circumstances of Punishment" - Article 531 of the Criminal Code. The physical attack on the festival and its organizers was accompanied by a motive of hatred. In particular, the organizers and participants of the attack of the festival openly expressed their hatred towards LGBT people, and the mentioned factor became the main declared reason for their violent actions. Therefore, the main motive of the crimes mentioned above was discriminatory towards LGBT people, which constitutes the composition of Article 531.
7. "Official Misconduct" - Chapter XXXIX of the Criminal Code. Article 333. Exceeding official powers and/or Article 342. Neglect of official duty. In addition to the above-mentioned crimes committed by violent groups, various types of official misconduct may also be present. In particular, the facts of the incident raise the suspicion that the Ministry of Internal Affairs (MIA) was in coordination with the violent groups and that the non-observance of the festival was pre-agreed and planned.
On July 8, the MIA/police did not prevent the crimes that were happening before their eyes. After the crimes were committed, the Ministry of Internal Affairs did not immediately initiate investigative actions and did not hold any of the perpetrators accountable.
The Ministry of Internal Affairs did not even demarcate the place of the crime and until now it has not carried out urgent and urgent investigative actions. The ministry/police did not describe the damage caused, did not remove evidence, etc. The crimes took place in front of hundreds of police officers. The video and photo material depicting the crime was distributed by several media outlets, and the victims reported the crimes to the Ministry of Internal Affairs. The inaction of the Ministry of Internal Affairs and failure to conduct immediate investigative actions may have led to the destruction of several valuable evidence.
Thus, we are likely to see coordination with violent groups on the part of the Ministry of Internal Affairs, which may represent an ‘exceeding official powers’ and/or ‘neglect of official duty’. Since there is a suspicion that crimes have been committed by the employees of the Ministry of Internal Affairs, it is necessary for the Special Investigation Service to conduct an effective investigation on the mentioned case.
8. "Persecution" - Article 156 of the Criminal Code. Along with other crimes, the persecution is allegedly committed by the law enforcement officers, which is subject to consideration by the Special Investigation Service.
On July 14, 2023, the director of Tbilisi Pride, Mariam Kvaratskhelia, applied to the Special Investigation Service with the request to conduct an effective investigation. It should be noted that the investigative service has not yet acted anyhow upon the request.
