We, the signatory organizations, assess the developments that took place before the planned ‘Stop Russia’ rally in front of the Government Chancellery on July 18 as unjustified interference with the right to assembly and expression. The right to assembly and demonstration is one of the fundamental rights in a democratic society, which is protected by the Constitution of Georgia and the country’s international commitments. Contrary to these commitments, the actions of the police officers were intended to restrict the right to peaceful assembly and to prevent the exercise of this right, and they didn’t serve legitimate goals.

The chronology of events before the start of the rally was as follows:

In the morning, police officers didn’t allow the organizers of the rally to install a stage near the building of the Chancellery. According to the organizers of the rally, the police didn’t explain to them the legal grounds of this restriction.

It should be noted that the Law of Georgia on Assemblies and Demonstrations does not prohibit the installation of stage constructions in places where this will not be followed by blocking of traffic roadways. The organizers explained that they were planning to install the stage in front of the Chancellery, which is not an area intended for traffic and installation of the stage could not have been followed by blocking of traffic. Thus, the police officers’ actions that were intended to prevent the installation of the stage in front of the Government Chancellery could not have been dictated by requirements of law.  

At about 2 PM, the police officers detained [1] one of the organizers of the rally, Lekso Machavariani. According to news reports, his detention was preceded [2] by an argument related to the installation of the stage. Mr. Machavariani was detained on the basis of Article 173 of the Code of Administrative Offenses, which prohibits non-compliance with a lawful demand of a law enforcement officer or commission of any other illegal act against such person. It is noteworthy that, for years now, this article has been used as a kind of ‘tool’ for restricting freedom of assembly and expression – protesters are detained without any grounds, on the pretext of non-compliance with a lawful demand of a police officer. The footage that has been disseminated does not show Lekso Machavariani committing an offense; thus, his detention should be assessed as continuation of this malpractice.

By 2:30 PM, media outlets reported [3] that the vehicle loaded with the stage construction had been moved on the instructions of the police and that the organizers of the rally were unaware of its whereabouts. They were also unable to contact the driver.

Granted, the organizers of the rally were later able to hold the rally, but we assess the developments that preceded the rally as unjustified interference with the right to assembly and manifestation. We call upon:

The Georgian authorities:

• to ensure the protection of and respect for constitutionally guaranteed rights; 

The Prosecutor’s Office of Georgia:

• to study the actions of the police officers involved in the incident immediately, with the aim of identifying a possible crime, administrative infraction, or disciplinary violation and to provide relevant response if they are identified;
• if it is revealed that the police officers acted on the instructions of higher-ranking officers, to study the compliance of these instructions with the law and, in the case of identification of a violation, to apply statutory measures against the higher-ranking officers;  
• to take measures to prevent future interference with the right to assembly and manifestation by police officers.

Georgian Young Lawyers’ Association

Partnership for Human Rights (PHR)

Transparency International Georgia

Open Society Georgia Foundation

Identoba

Article 42 of the Constitution

Human Rights Center

International Society for Fair Elections and Democracy (ISFED)

Georgian Democracy Initiative (GDI)

Georgia’s Reforms Associates (GRASS)

Tolerance and Diversity Institute (TDI)

Media Development Fund (MDF)

Economic Policy Research Center (EPRC)

Human Rights Education and Monitoring Center (EMC)