Non-governmental organization the “Young Barristers” respond to Tbilisi City Court decision on the fact of massive detentions and break ups of protesters at Rustaveli ave. on May 26th 2011 and addresses to pay attention to judicial aspects of malfeasance. According to evaluations of the organization, a precedent was created when ruling of court on detention of gatherings and manifestations was based on European standards and created a judicial proof for acts of state to act according to law and protect human rights during conditions above mentioned.
According to one of the heads of the “Young Barristers” – Archil Kaikatsishvili, it has been stated with high standards that a fact of using excessive forces by the state and illegal commands of former Minister of Internal affairs of Georgia has been confirmed and violated rights of citizens, society and state interests. A case-character of court ruling lies on two important judicial issues:
- After expiration of demonstration time, massive detentions were made and exits from Rustaveli avenue were locked. In addition to this, after warning about the use of force, an order of immediate termination of the demonstration and detention without giving additional time required to finish the demonstrations, was illegal.
- Even though time of demonstrations had expired at Rustaveli avenue, there was no objective need to use various special objects such as: tear gas, special acoustic device of phycological influence, rubber-bullets and batons. Also, because exits were locked down, demonstrators were deliberately deprived of leaving the territory.
The “Young Barristers” address human rights protection bodies, law specialists and social groups to discuss the ruling on the case of May 26, 2011 publicly to create a practical experience towards facts like these in the process of correct legal conclusions and evaluations in order not to create a multi-interpretation and false expectations. NGOs have special importance in the process of using lawful and legitimate aim of the government.
The court ruling, from this point of view, excludes high-ranking person evaluations of influential organizations, according to which, “ in case demonstrators do not leave the area after expiration of Tbilisi City Hall warning (24:00 Hours), police will have a legal reason of making a detention” Therefore, it is important for the civil sector to perceive the ruling of February 27th 2014 as a practical document, in order to avoid subjective side of legal reality and implement a judicial practice in the legislative level, set up a wide discussion and create more legal guarantees of manifestations.