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Public Defender Echoes Restriction of Demonstrators’ Right to Use a Tent

The Public Defender echoes the gathering of residents of Shukruti village in front of the Parliament building, who were not given the opportunity to put up a tent last night.

The Public Defender of Georgia has repeatedly responded to the cases of restriction on the use of temporary constructions for assembly participants and explained that the above is protected by the freedom of assembly and that the deprivation of the mentioned opportunity is unjustified if the above does not result in blocking the entrance to the building or impeding traffic. No such danger exists on the wide sidewalk in front of the Parliament building. At the same time, no information has been released regarding the ongoing protest, which would have indicated the real risks of illegal actions by the assembly participants in case of putting up a tent.

The Public Defender emphasizes that the State is obliged to provide necessary conditions for enjoying the freedom of assembly, including for holding long-term, "occupational" style protests. On the other hand, the use of a tent in parallel with the deterioration of the weather is not only a symbolic gesture protected by the right, but also a necessary prerequisite for holding an assembly or for its continuous progress, which adds additional importance to the fulfillment of the obligation by the Government. It is also significant that some of the participants in the assembly are on a hunger strike, whose health needs special attention.

Thus, the Public Defender of Georgia calls on the Ministry of Internal Affairs of Georgia not to interfere unjustifiably with the rights of the participants in the ongoing peaceful assembly near the Parliament of Georgia and to give them the opportunity to use a tent, taking into account the requirements of the legislation.

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