Violation of the Law – Police Officers at the Assembly of the National Movement

Information Center of Kakheti

Nina Khatiskatsi-expert of election issues said that policemen, particularly dressed in plain clothes must not attend similar assemblies. “The only exception is when they attend the assembly to protect public safety and order in the territory of the assembly. However, a policeman dressed in plain clothes does not implement his official duties and is represented as a private person and it contradicts the law. Not only election law but the Law on Police also prohibits police officers to attend assemblies. Police officers are prohibited to carry out party activities. But in this case this may not be the party activity as the policeman may attend the meeting as an agitator. The Law of Georgia on Assembly and Manifestations also forbids similar activity but the Election Code is the most relevant document in this particular case because it was not ordinary assembly or manifestation; it was part of pre-election campaign and agitation that breaches the Election Code. The organic law prohibits the employees of the MIA and Defense Ministry to participate in the pre-election agitation,” Nina Khatiskatsi told Information Centre of Kakheti.

She added Article 79 of the Election Code envisages punishment for breaching this law and similar action is punished with fine of 2 000 lari.

Irine Urushadze, the lawyer of Transparency International - Georgia: “The Law of Georgia on Assembly and Manifestations and the Constitution of Georgia also prohibit the attendance of certain persons at the assemblies. Military officers, employees of Financial Police and police officers are prohibited to attend manifestations. So, if these people attended the assembly, they did not have the right. They are forbidden to participate in any manifestation regardless the fact it was political or other. Sanction may be imposed on them for breaching the law. But I am not sure the election administration will use this sanction. We studied similar cases but election administration hardly proved that certain person was really police officer and they avoided imposing sanctions on them.”