On December 26, 2016, the Public Defender's representative met with Giorgi Gabedava, who is on a hunger strike in front of the Parliament building in Tbilisi. According to Gabedava, police did not allow him to put up a tent and a freestanding umbrella. Similar actions of the state are incompatible with freedom of assembly. The video, uploaded by Giorgi Gabedava on the social network[1], proves that police officers requested him to present a written permit of the City Hall for using a freestanding umbrella. The video clearly shows that weather was bad at that time. Gabedava also said that he was not allowed to put up a tent on the wide pavement in front of the Parliament building on Rustaveli Avenue. It should be noted that a few days ago, Nika Cherkezishvili, told the Public Defender's representative that he was not allowed to put a chair in front of the building of the Governmental Administration when was on a hunger strike.

Tbilisi City Court considered similar cases this summer. On August 31, 2016, by the court’s enacted ruling, the decision of Tbilisi City Hall not to allow guerilla gardeners to put up a tent in the park in front of the City Hall building was invalidated.

The abovementioned cases are protected by freedom of assembly, since they do not block entrance of any building or road, do not obstruct the operation of any institution. Consequently, the state has no right to restrict the right. The OSCE Guidelines on Freedom of Peaceful Assembly also clarify that temporariness of events should not preclude putting up tents and other non-permanent constructions.[2]

The same position was expressed by the Public Defender during the dispersal of veterans who wanted to put up a tent on January 3, 2011,[3] as well as during the hunger strike of the Alliance of Patriots in 2015, when they were not allowed to put up tents.[4] This is not a complete list of similar incidents. It is unfortunate that despite the fact a long time has passed since the previous similar incidents, these issues still remain a problem and freedom of assembly is still restricted on the same ground.

The Public Defender calls on the law enforcement and other responsible agencies not to prevent the realization of freedom of assembly with artificial and illegal arguments. Law enforcement officials should ensure that their subordinates are informed of the mentioned standards and should issue adequate instructions for the full realization of freedom of assembly.