29 November 2024,   16:43
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Criminal acts of inhuman and degrading treatment and targeted persecution of peaceful protesters, as depicted in the video footage distributed by the media, are disturbing - Ombudsman

The Public Defender’s statement on dispersal of November 28-29 protest rally:

“From 02:00 am of November 29, the Ministry of Internal Affairs [MIA] began actively conducting police measures, using a large number of human police forces and special equipment.

The criminal acts of inhuman and degrading treatment and targeted persecution of peaceful protesters, as depicted in the video footage distributed by the media, are disturbing.

The video footage and information released clearly reveal numerous episodes of unjustified use of special equipment against protesters, including politicians, as well as journalists and detainees, cases of alleged unjustified detention, direct intent to commit violence, and targeted persecution during the dispersal of the peaceful protest.

In addition to the main location of the assembly, the released video footage clearly shows the police pursuing the rally participants away from the assembly place, which indicates the alleged purpose of revenge and intimidation.

The degree of violence and brutality shown towards journalists, the alleged deliberate damage to their equipment, which constitute acts of ill-treatment of journalists and hinder their professional activities, deserve special attention.

The criminal actions expressed by the special forces are allegedly incited by the fact that they enjoy guarantees of de facto impunity. This is due to the absence of an obligation to equip the squad members with insignia and body cameras, the impunity of violent individuals during previous rallies, etc. It is noteworthy that the Public Defender has been talking about the necessity of insignia for years, and if there is a will, ensuring this would not require special efforts on the part of the MIA. It is noteworthy that the European Court of Human Rights also referred to this issue in its judgement on the case of June 20-21, 2019.

On November 29, throughout the night, Public Defender’s representatives met with detained citizens in order to check their condition. They visited 11 people, 9 of whom were detained. It was not possible to interview 2 people taken to the clinic due to multiple injuries. 9 cases of alleged ill-treatment were identified, 3 of which involved journalists. 6 people had visual injuries. For example, one journalist had a broken head, another journalist had a completely reddened left eye socket and a swollen face, and the third one had swelling and scratches on his nose, cheeks, and forehead. In addition, one of the detainees, who was brought to the isolator during the visit of Public Defender’s representatives, was in need of immediate transfer to the clinic for surgical intervention.

Representatives of the Ombudsman continue to visit other detainees, both in Tbilisi and western Georgia. The Public Defender’s Office has already provided information about all the detainees, who became victims of alleged ill-treatment, to the Special Investigation Service.

The Public Defender calls on the Special Investigation Service/Prosecutor’s Office to conduct an effective investigation within a tight timeframe and identify all responsible persons, whose actions, orders, or silent consent resulted in the gross violation of the rights of peaceful protesters and journalists. It is also extremely necessary to conduct the investigation with the correct legal classification (special articles on ill-treatment), which accurately reflects the assessment of actions that were carried out during the night.

In addition, the Public Defender calls on the MIA not to hinder the investigation process and to cooperate with the investigation in order to identify all guilty police officers, representatives of special forces and relevant heads of the Ministry, and to provide all necessary information and documentation to the investigation.

The Public Defender calls on the courts to ensure proper protection of the detainees’ right to a fair trial, to assess the legality of the detention in essence, and not to rely solely on the explanations of police officers in the absence of neutral evidence”, - reads the statement.

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