Tbilisi: The Ombudsman of Georgia responded to the protest rally in front of the Georgian Parliament and explains that the holding of assembly and manifestation is a fundamental right guaranteed by the Human Constitution, which is one of the essential characteristic of the existence of a free and democratic society and its development.
Only in case the demonstration becomes violent and/or unlawful, the government’s cessation of gathering should be used as a last resort, and the use of force within the mentioned framework must meet a strict test of necessity and proportionality.
Police enforcement measures including active special equipment (special handcuffs, tear gas, acoustic device, rubber bullets, water canisters and others. ) Proportional use must be permissible to achieve a lawful purpose, within the scope of the necessity of a means of intensity. In addition, it is mandatory to give advance warning to the protesters and to comply with legal requirements, they should be given a reasonable time.
The face and intensity of the enforcement action must be determined by the particular situation, the nature of the offender, and the individual characteristics of the offender. It becomes really important for the law enforcement officers to keep the damage done as minimal and proportionate as possible. It should be also kept in mind that the use of means which can cause severe cramps is prohibited.
The Ombudsman also called on the Georgian Ministry of Internal Affairs to avoid the use of special means and disproportionate force against the participants of the peaceful demonstration of the assembly at the Georgian Parliament, and urges the participants of the assembly not to pass the legal framework.
