The police illegally restrict freedom of assembly and expression

Civil organizations are highlighting the concerning trend of illegal restrictions on the freedom of assembly and expression guaranteed by the Constitution of Georgia, another example of which is the violation of the rights of Beka Grigoriadis. The police continue to illegally prevent citizens from pitching their tents during protests, attack citizens and confiscate their property. 

On May 28th, Beka Grigoriadis, the father of the protester against the Russian law, Lazare Grigoriadis, started a non-stop protest in the Oliver and Marjorie Wardrop Square, which is more than 20 meters away from the Parliament building. 

That same evening, Beka Grigoriadis tried to set up a tent in the square, but several pre-mobilized policemen immediately attacked and took away the tent. Beka Grigoriadis and his supporters tried to set up a tent in the square the next day - May 29th, but the police did not allow them to do so using the same violent methods as the day before. During the incident, a civil activist, Bezhan Tsvimitadze, who was recording the illegal actions of the police on his mobile phone, was arrested. 

During the protest of Beka Grigoriadis, the special mission of the police was to prevent the participants of the protest from setting up their tents. The police who confiscated the tent did not provide any prior warning to individuals attempting to set up tents. In addition, when confiscating the tent as property, the police did not explain to Beka Grigoriadis the procedure for its confiscation and subsequent return.  

Freedom of peaceful assembly and expression is guaranteed by the Constitution of Georgia. The authorities can stop the assembly only if it becomes illegal. In exercising this right, citizens can express their protest against any issue, publicly and unarmed, both indoors and in public gathering places. They have the right to use the tent and place it in the square or other public places. 

The legislation of Georgia does not establish any kind of restrictions regarding the pitching of the tent. There is no legal basis that prohibits the placement of a tent in the square. According to the Law of Georgia "About Assemblies and Manifestations", it is forbidden to place a tent only on the roadway of transportation. It is not prohibited by law to set up a tent in the square or in such a place, where it does not create a danger of blocking the roadway of transportation or paralyzing the administrative building. Therefore, the ban on pitching a tent in the square is illegal.

According to civil organizations, the freedom of assembly and expression guaranteed by the Constitution of Georgia was illegally restricted by confiscating Beka Grigoriadis's tent and using disproportionate force. Furthermore, this action was not justified by the necessity of a democratic society and no proportionally restrictive measure was used to limit the right, as envisaged by the Constitution of Georgia and the Law of Georgia "About Assemblies and Manifestations".

We urge the Ministry of Internal Affairs to cease the illegal restriction of the constitutionally guaranteed freedom of assembly and expression in Georgia. 

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