The Ministry of Internal Affairs claims their actions against participants of the actions to oppose the “Russian Law” was legal and proportionate. This, according to GYLA is not true – the statement of Association of Young Lawyers mentions it.
According to their reports it is not clear on what basis the Ministry of Internal Affairs declared that there was no prohibition for the simultaneous usage of active special methods. “If so, this means that the Ministry of Internal Affairs weakened the instructions for operations of breaking down stocks and changed the norm.”
“The Ministry of Internal Affairs of Georgia released a statement which, in fact confirms the parallel usage of tear gas and sprayed water jets against participants of the actions to oppose the “Russian Law”. (April-May, 2024). It claims that the use of tear gas and water jets against participants in the actions against “Russian Law” (April-May 2024) does not violate international standards or national legislation. GYLA claims that the Ministry’s actions were proportionate and legal.
We remind the Ministry of Internal Affairs of this prohibition, which is also found in the order of Minister of Internal Affairs No. 1002 (Article 9) The order of the Minister of Internal Affairs N1002 (Article 9.1) defines the guidelines of behavior for internal affairs officers at rallies and demonstrations. According to this, water cannons or tear gas may be used in parallel or simultaneously with rally participants. Use is prohibited. This conclusion was also cited by the European Court of Justice in its June 20, 2019 decision in the case of Tsaava et al. v. Georgia (para. The Georgian legislation prohibits the simultaneous and parallel use of these methods. This order was not published in the official gazette and GYLA had to request it from the Ministry when monitoring various actions. It is unknown on what basis the Ministry of Internal Affairs declares there is no prohibition for the simultaneous usage of active special methods. If so, then the Ministry of Internal Affairs may have changed the stock split instructions and altered the norm.
In order to mislead, the Ministry of Internal Affairs also quotes the wrong text of “Amnesty International‘s” guidance document. The document states that chemicals and paint can be mixed with the water jet. However, it focuses on its negative effects. According to it, “mixing chemicals and water makes it impossible to regulate the amount of irritant, and may also have a lasting effect on an individual.” Amnesty International’s guidelines also explicitly prohibit the use of ink jets with chemicals or paint.
According to national and international standards and guidelines, including those cited in the Ministry’s statement, the special means mentioned can only be used proportionally, legally, and with minimal intensity. Water cannons and tear gas are only to be used if they are strictly necessary to control a group of people participating in an assembly. The violence must be so severe that it cannot be controlled with measures directed at the violent individuals. These means should not be used in tandem or simultaneously. Contrary to what has been said, in actions against Russian law, police officers used special weapons against peaceful demonstrators without any basis or necessity. There were also serious violations of human rights and standards related to the use special facilities.
The statement read: “We call on the Ministry of Internal Affairs (MIO) to make public the order of the Minister of Internal Affairs (MIO) N1002 and inform the public whether the norm, which prohibited active special means such as water jets and tears gas, simultaneously or parallel, has been changed.”
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