Public Defender of Georgia Ucha Nanuashvili expressed his concern with regards to a regrettable incident that took place in Zugdidi, on March 15.

According to information issued in the media, activists of the Georgian Dream Coalition held a rally outside the office of the United National Movement political party where they protested against a demonstration scheduled for March 21. Video materials disseminated by various TV channels make it obvious that part of the rally participants stormed into the office of the organization “Center for Freedom and Support of Democracy” with the use of force; also, that bludgeons and stones were also used. According to disseminated information, around 10 people were injured, building entrance door was damaged and window glasses - broken.

When studying the events that unfolded at the time of the incident special attention should be paid to a role of law enforcers. Namely, as to what degree they exercised every available means to prevent the unfolding violent actions. The video materials issued by the media clearly show that there was shortage of police force at the place of the incident, while those several policemen who were on the spot were unable to ensure and control the offenders and prevent the violent actions.

As we know, an investigation has been launch under the article 118 of the Criminal Code that envisages less serious damage to health on purpose, although according to the disseminated video we can presume that we are dealing with offences envisaged in the Criminal Code such as illegal intrusion into, search or any other action the house or other possession against the will of the owner that encroaches upon the inviolability of the house or other possession, by a group (paragraph 3 of the article 160) and damaging or destruction of other’s object (article 187).

It is important for the investigation to be conducted promptly and effectively, without any delay and appropriate liabilities envisaged by the law to be imposed on every offender. During the investigation special attention should be paid as to what prevented mobilization of law enforcers during the demonstration in order to avoid physical violence between the sides. For effective realization of the right to assembly/manifestation, effective steps on the part of the state, including separation of the confronting sides in order to avert this kind of violence, are important.

On the day of the incident, the media disseminated information that public servants, representatives of local self-governing bodies participated in the demonstration and the violent actions. The Public Defender stresses that this issue should also become the subject of examination as in case of its confirmation it becomes clear that one of the key principles of public service that implies political neutrality has been significantly breached.

The Public Defender calls on public servants of local self-governing bodies to understand their responsibilities and not to engage in the kind of activities that might put their impartiality in doubt, especially given the fact that on a daily basis, in the position of public servants they are dealing with citizens of various political affiliations and views and provide them with appropriate services in the scope of their authority.

Several days ago, with regards to the case of photo journalist Irakli Gedenidze, the Public Defender stressed a special role and responsibility of political parties in offences committed by their activists. The Public Defender reaffirmed that political parties - organizers of a rally should inform their activists on the scope of freedom of assembly, legal results of infringement of the above; also, to ensure prevention of violent actions as much as possible while in case of similar cases to give an adequate assessment to actions committed by their own activists and try not to justify them.

The Public Defender continues to study the above-mentioned facts. Simultaneously, it will follow progress of the investigation with special attention, for the purpose of ensuring prompt and effective investigation of the crimes committed during the rally in Zugdidi on March 15.

Hereby, it should be noted that the Public Defender’s Office will observe the demonstration of the United National Movement scheduled in Tbilisi for March 21. It expressed a hope that no incident will take place during the event and that representatives of law enforcement agencies will be mobilized to strict follow the positive obligation of the state.