Public Defender calls on Interior Ministry not to use “disproportionate” measures against peaceful gathering, urges protesters not to go beyond the legal framework

Newly appointed Public Defender of Georgia, Levan Ioseliani, on Tuesday called on the Interior Ministry not to use coercive and “disproportionate” measures against the peaceful participants gathered currently in front of the Parliament building to protest the approval of the transparency bill by the legislative body earlier today, and urged the protesters not to go beyond the legal framework.

Assembly and demonstration is a fundamental human right guaranteed by the Constitution, which is one of the necessary prerequisites for the existence and development of a free and democratic society”, the Public Defender emphasised.

Ioseliani said the authorities should terminate the gathering “as a last resort” and the use of force “must meet the strict test of necessity and proportionality” [including the use of special batons, tear gas, acoustic means, rubber bullets, water cannons], only if the action would become “violent or illegal”.

It is important that law enforcement officers try to keep the damage to a minimum and proportionate. It should be noted that the use of the measures causing severe injuries is prohibited”, Ioseliani said in his statement.

He stressed it was “mandatory” to warn the participants of the rally in advance [before using any force] and give them a “reasonable” time to fulfil the legal requirements. “The type and intensity of coercive measures must be determined taking into account the specific situation, the nature of the offence, and the individual characteristics of the offender.

The Public Defender responded to the confrontation that had occurred between police and the participants of the rally [including the domestic opposition, members of the public, representatives of non-governmental organisations and students] a bit earlier before the statement. The protesters had attempted to block one of the entrances to the Parliament and as the Interior Ministry said, its officers would apply “all appropriate measures” and would use “proportional force” to ensure public order and security.