Young Lawyers Association Assessed Incident of November 23

Young Lawyers Association of Georgia (GYLA) assessed the prevention three members of the movement “7 November” Irakli Kordzaia, Dachi Tsaguria and Jaba Jishkariani from enjoying their right on peaceful gathering as blatant violation of the right on assembly.

“According to the Article 25 of the Constitution of Georgia, everyone, except members of the armed forces and Ministry of Internal Affairs, has the right to public assembly without arms either indoors or outdoors without prior permission. The necessity of prior notification of the authorities may be established by law in the case where a public assembly or manifestation is held on a public thoroughfare.”

According to the information spread by national media, Tbilisi City Hall declined the petition of the organizers of action on the following ground: “On Giorgoba Holiday in Tbilisi, religious and civil events are scheduled in front of the Parliament and St. George Kashueti Church. Consequently, your appeal was declined.”

According to the decision of the Constitutional Court of Georgia issued on November 5, 2002, the right of local self-governmental agency to decline the appeal was declared to be unconstitutional.  The only authority of the City Hall was to recommend the organizers of the demonstration to change the place and the time of the demonstration; though it did not occur.

“Statement of the patrol police as if Irakli Kordzaia, Dachi Tsaguria and Jaba Jishkariani breached the law on Assembly and Manifestation, is groundless. According to the TV-company “Maestro” and ITV.ge, demonstrators were far from the Parliament building; they did not block the traffic. Thus, the law on Assembly and Manifestation was not breached by demonstrators,” it was said in the statement of the GYLA.

According to the GYLA, Patrol Police exceeded its rights, when arrested peaceful demonstrators without asking to stop demonstration. “This fact neglects the resistance to the orders of law-enforcement officers. Tbilisi Civil Court did not take into consideration arguments of defence side and delivered a judgement partially without objective examination of situation like it acted in other cases of administrative detention” stated the representatives of GYLA.

Source: Kakheti News Centre