GYLA - The arrest of peaceful demonstrators for political expression is a gross violation of their freedom of assembly and expression

The arrest of peaceful demonstrators for political expression is a gross violation of their freedom of assembly and expression - even when the expression is vulgar and directed at a specific person [in this case, Bidzina Ivanishvili], the state is obliged to take into account the context of the expression and its role in the public discussion, - with this statement, GYLA responds to the arrest of 10 activists near the Tbilisi City Assembly.

The statement notes that the Ministry of Internal Affairs must immediately release those detained for exercising their rights to expression and assembly and stop the illegal persecution of peaceful demonstrators.

“Yesterday, activist Tornike Toshkhua was arrested in Tbilisi while exercising his right to peaceful assembly and peaceful expression. Later, about a dozen demonstrators who had come to support him outside the Tbilisi City Assembly were also arrested. According to the Ministry of Internal Affairs (MIA), the detainees “were holding offensive banners. In addition, they were uttering offensive phrases, violating public order, and resisting law enforcement officers. The police arrested the individuals under Articles 166 and 173 of the Code of Administrative Offenses.”

A video posted on the Netgazeti Facebook page shows a senior MIA official slapping a demonstrator in the face during the arrest. It is noteworthy that the footage released does not show any violent or disruptive behavior on the part of the demonstrators that would justify their arrest or such violence against them. In addition, a police officer slapping a demonstrator in the face is an act that reaches the limit of inhuman/degrading treatment. This act is another case of the normalization and systemic nature of violence in the police system.

The arrest of peaceful demonstrators for political expression blatantly violates their freedom of assembly and expression. Even in cases where the expression is vulgar and directed at a specific person [in this case, Bidzina Ivanishvili], the state is obliged to consider the context of the expression and its role in the public discussion. Furthermore, politicians and representatives of state institutions have a much higher obligation to tolerate criticism directed at them than any other citizen. This reasoning extends beyond political figures to public figures who are in the public arena through their actions or even their position.

The Ministry of Internal Affairs should immediately release those detained for exercising their rights to expression and assembly and cease the unlawful persecution of peaceful demonstrators. Cracking down on rallies in this manner is not only illegal, but also a crime under the Criminal Code - illegally obstructing the exercise of the right to organize an assembly or demonstration or to participate in it (Article 161 of the Criminal Code),” reads the statement.

For information, 10 people were detained yesterday during a rally near Tbilisi City Assembly. According to the Ministry of Internal Affairs, the detained individuals were “holding offensive banners.”

“In addition, they uttered offensive phrases, violated public order and resisted law enforcement officers. The police officers detained the aforementioned individuals under Articles 166 and 173 of the Code of Administrative Offenses,” reads the MIA statement.