On May 17, 2016, in the early morning hours, 10 LGBT activists were arrested. 3 of them were detained in the subway station Freedom Square and 7 others – in front of the building of the Patriarchate of Georgia for stenciling and disobeying legitimate demands of police officers. The detainees told the Public Defender’s authorized representatives that their detention was carried out rudely, without any explanation and with the use of homophobic language.

The LGBT activists allege that they were detained by persons dressed in civilian clothes and were transported not by police cars. Whereabouts of the detained had been unknown for several hours. Public Defender’s authorized representatives found it difficult to get relevant information. The detainees say they were not informed of their rights during the detention and were not given the opportunity to contact their families.

Arbitrary painting of fences and facades of buildings is an administrative offense (Article 150 of the Administrative Offences Code). However, the law enforcement agencies should respond to similar actions within strict normative frames. It is not clear why police officers were not in uniforms when arresting the LGBT activists and which structural unit of the Ministry of Internal Affairs they were representing. It is important a clear and distinct explanation to be made about this matter by the Ministry of Internal Affairs in the shortest time.

As for the disobedience of the LGBT activists, it is important to assess if they had the opportunity to be aware that the persons arresting them were police officers since they did not have any identification signs or documents and did not make any explanations. In addition, the issue of the use of excessive force and homophobic language, as well as the violation of the obligation to explain rights to the detainees, should be immediately investigated by law enforcement agencies and should be followed by strict response. The responses should be immediately reported to the public.