The Public Defender of Georgia is responding to the rally held in Tbilisi’s Vera Park on 16 June 2019 and the public statements made at the rally.

It should be noted at the very beginning that every person has the right to peaceful and unarmed assembly both inside and outside a building. The Constitution and legislation of Georgia determines the scope of freedom of assembly and freedom of expression, violation of which can turn expression into an illegal act and go beyond the goodness protected by the law.

The Public Defender considers that the organizer of the 16 June rally made a number of statements threatening citizens’ security, life and health. In particular, the organizer of the demonstration called for the creation of groups staffed with various people, which would deprive other persons of freedom, use various means as weapons and resist the police. The organizer also mentioned that "killing is expected on the other side" so that to blame members of their groups for it later.

Similar calls naturally threaten the country's constitutional-legal order, promotes violence and goes beyond the freedom of expression. The Public Defender is particularly concerned about the fact that these types of illegal acts are aimed at restricting human rights. Realization of the 16 June calls in practice may endanger human rights, as well as the constitutional order of the state, which represents the basis for the protection of human rights and peaceful coexistence of citizens.

Since the calls and action plan voiced at the rally contained signs of a crime, the Public Defender, as a body authorized to addresses investigative bodies with a proposal to launch an investigation and criminal prosecution, urges the investigative bodies to:

• Effectively carry out an investigation under article 223 of the Criminal Code of Georgia and prosecute perpetrators
• Take active criminal and/or operative-investigative measures to prevent violation of human rights