In the case of “Identoba and Others v. Georgia”, the European Court of Human Rights considered complaints from the NGO Identoba and 14 individuals who participated in peaceful protest against homophobia in Tbilisi. All of the complainants had expected state protection from aggressive opponents but were badly beaten with the acquiescence of police officers.
The right to peaceful assembly is guaranteed in numerous international human rights instruments. Article 11 of the European Convention on Human Rights states that “Everyone has the right to freedom of peaceful assembly and to freedom of association with others”. The European Court of Human Rights oversees state compliance with the convention. You can learn more about international and regional human rights standards on our online courses.
This module was created in collaboration with HUMANA
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Freedom of Peaceful Assemblies: Protection of Protestors
Find and Mark
Here is a panorama of a peaceful protest against homophobia in Tbilisi.
To complete the task, click on all hotspots and explore 6 situations. Put a tick if you consider that in this situation the right to peaceful assembly is violated. You have two attempts. For a closer look at each situation, drag and move the panorama.
Situation 1
Several dozens of activists gathered in the square. Despite having notified the authorities about the march, activists were accompanied by a single police patrol vehicle.
This is a violation!
Situation 2
In a city square, the marchers were met by crowds of aggressive counter-demonstrators. Some of the activists were thrown to the ground and kicked. The police car left the scene.
This is a violation!
Situation 3
One of the marchers noticed several police officers not far from the scene and asked for help. “I’m not patrolling your march. I am not allowed to interfere.”
This is a violation!
Situation 4
Following attacks by the counter-demonstrators, several activists were detained and taken away from the march. The police later claimed was primarily for their own protection.
This is a violation!
Situation 5
The marchers called the police. When the backup arrived, the police officers stood between the by then beaten-up activists and the attackers.
This is a violation!
Situation 6
Journalists were present, recording interviews with peaceful activists.
Freedom of Peaceful Assemblies: Protection of Protestors
Read and remember
Study each situation which happened during the peaceful march in Tbilisi below, and the position of the European Court of Human Rights in the case of Identoba and Others v. Georgia.
Situation 1
Several dozens of activists gathered in the square. Despite having notified the authorities about the march, activists were accompanied by a single police patrol vehicle.
Violation of freedom of peaceful assembly
“Despite the fact that the domestic authorities were given prior notice..., they did not manage to use that generous period of nine days for careful preparatory work. Indeed, given the attitudes in parts of Georgian society towards the sexual minorities, the authorities knew or should have known of the risk of tensions associated with the applicant organisation’s street march to mark the International Day Against Homophobia”. “The number of police patrol officers dispatched to the scene of the demonstration was not sufficient, and it would have been only prudent if the domestic authorities, given the likelihood of street clashes, had ensured more police manpower by mobilising, for instance, a squad of anti-riot police”.
Situation 2
In a city square, the marchers were met by crowds of aggressive counter-demonstrators. Some of the activists were thrown to the ground and kicked. The police car left the scene.
Violation of freedom of peaceful assembly, freedom from discrimination and prohibition of torture and other cruel, inhuman or degrading treatment
“In contrast to the respondent State’s positive obligation to provide the peaceful demonstrators with heightened protection from attacks by private individuals, the Court notes the limited number of police patrol officers initially present at the demonstration distanced themselves without any prior warning from the scene when the verbal attacks started, thus allowing the tension to degenerate into physical violence”.
Situation 3
One of the marchers noticed several police officers not far from the scene and asked for help. “I’m not patrolling your march. I am not allowed to interfere.”
Violation of freedom of peaceful assembly
“In contrast to the respondent State’s positive obligation to provide the peaceful demonstrators with heightened protection from attacks by private individuals, the Court notes the limited number of police patrol officers initially present at the demonstration distanced themselves without any prior warning from the scene when the verbal attacks started, thus allowing the tension to degenerate into physical violence”.
Situation 4
Following attacks by the counter-demonstrators, several activists were detained and taken away from the march. The police later claimed was primarily for their own protection.
Violation of freedom of peaceful assembly
“Instead of focusing on the restraining the most aggressive counter-demonstrators with the aim of allowing the peaceful demonstration to proceed, the belated police intervention shifted onto the evacuation … of the very victims of the homophobic attack who had called the police in for help”.
Situation 5
The marchers called the police. When the backup arrived, the police officers stood between the by then beaten-up activists and the attackers.
Violation of freedom of peaceful assembly
“... by the time the police officers finally decided to step in participants of the march had already been bullied, insulted or even assaulted “, “domestic authorities failed to provide adequate protection… from the bias-motivated attacks of private individuals during the march”.
Situation 6
Journalists were present, recording interviews with peaceful activists.
Freedom of Peaceful Assemblies: Protection of Protestors
Figure out the tactics
Imagine that you are an activist who was beaten at the march. What are you going to do? Consult with the lawyer — she might have some suggestions.
RESPONSE OPTIONS
RESPONSE OPTIONS+
It’s outrageous! I participated in a peaceful protest against homophobia and was beaten by homophobes! And guess what, it was me who was arrested, not them. What shall I do?
They won’t understand your message. You’d better firmly but politely ask for the copy of the detention record. After the arrest, the police have to issue a detention record. Read it carefully. You can add information to it. So, if the case goes to trial, the judge will be able to see your side of events in the record. On the contrary, if you sign it without reading it or adding your own version of events, it will be difficult to explain to the judge why you signed the detention record saying that you had been swearing and fighting and in court you say that you hadn’t after all.
You’d better not. You need to firmly but politely ask for the copy of the detention record. After the arrest, the police have to issue a detention record. Read it carefully. You can add information to it. So, if the case goes to trial, the judge will be able to see your side of events in the record. On the contrary, if you sign it without reading it or adding your own version of events, it will be difficult to explain to the judge why you signed the detention record saying that you had been swearing and fighting, and in court you say that you hadn’t after all.
That’s a good idea. After the arrest, the police have to issue a detention record. Read it carefully. You can add information to it. So, if the case goes to trial, the judge will be able to see your side of events in the record. On the contrary, if you sign it without reading it or adding your own version of events, it will be difficult to explain to the judge why you signed the detention record saying that you had been swearing and fighting, and in court you say that you hadn’t after all.
You must carefully weigh all pros and cons. If you intend to seek protection in another country you’d likely have to go through a process there of applying for asylum, which is likely to be stringent. Whatever the next steps are, fleeing or fighting for justice in the country, it would be prudent to go to an emergency care unit to have injuries documented.
Good idea!
We will get justice by legal means. Going to an emergency care unit to get a medical report on the injuries suffered would be a great first step to building evidence for your case.
It is a very natural response. But before that, you’d better do one very important thing. Going to an emergency care unit to get a medical report on the injuries suffered would be a great first step to building evidence for your case.
No, you see, the European Court of Human Rights in Strasbourg cannot take a case if it has not already been considered and ruled upon in the domestic legal system (“exhausting domestic remedies”). First, you should seek justice at home, for example, by writing a complaint to the police or the Prosecutor’s Office. Exhausting domestic remedies usually means an application to the appropriate court to consider the case, followed by an appeal to reconsider the case if either party is unhappy with the first ruling. You will normally then have only six months from the date of the final decision at domestic level to file a complaint with the Court in Strasbourg.
Exactly!
First, you should seek justice at home, and submitting a complaint to the Prosecutor’s office is one way of doing so. The European Court in Strasbourg with not accept a complaint until you have exhausted domestic remedies – that is submitted your complaint in the domestic system, which usually means an application to the appropriate court to consider the case, followed by an appeal to reconsider the case if you are unhappy with the first ruling. You will normally then have only six months from the date of the final decision at domestic level to file a complaint with the Court in Strasbourg.
And what’s the point? They will file it into their own records, and this will be it. You have to take a copy of the medical record and attach it to the detailed complaint to the police or the Prosecutor’s Office ask them to initiate a criminal investigation. You should first seek justice at home, and only if and after you fail to obtain a remedy for the violation of your human right in your country, you may file a complaint to the European court. It is called “exhausting domestic remedies” and usually means an application to the appropriate court to consider the case, followed by an appeal to reconsider the case if either party is unhappy with the first ruling. You will normally then have only six months from the date of the final decision at domestic level to file a complaint with the Court in Strasbourg.
It’s up to you of course what you complain against. Just bear in mind that if you do not request an investigation on domestic level into the lack of police protection and the restriction of your liberty after an attack you on you, it is unlikely that the European Court of Human Rights will be able to consider these allegations later. A complaint on those aspects to the European Court may be considered inadmissible because domestic remedies were not exhausted.
Do not forget to attach the medical record and the detention record to the complaint, by the way. This could be important evidence to substantiate your complaint.
It’s up to you of course what you complain against. Just bear in mind that if you do not request inquiry on domestic level into the restriction of your liberty after an attack you on you, it is unlikely that the European Court will be able to consider this incident later. A complaint about this incident to the European Court may be considered inadmissible because domestic remedies were not exhausted. So, you should write a detailed complaint.
Do not forget to attach the medical record and the detention record to the complaint, by the way. This could be important evidence to substantiate your complaint.
That sounds like a plan. If you request inquiry into all these violations on domestic level and fail to find justice, the European Court of Human Rights will be able to consider these allegations. Because domestic remedies were exhausted, it is likely that a complaint on all these aspects will be considered admissible by the European Court. So, you should write a detailed complaint.
And do not forget to support it with the medical record of your injuries and the detention record, all of which could be important evidence to substantiate your complaint.
Long time no see! That’s an option, but I don’t think that’s the right thing to do if you still want your human rights protected. May be this time it makes sense to write a complaint to the European Court. It may be considered admissible as you resorted to criminal law mechanism as a domestic remedy available to you, which does not seem to be working. And do not forget to detail all the violations of your rights that you mentioned in your domestic proceedings!
Hey, long time! Ok, say, the private investigator finds the guys. Then what?.. Are you going to beat them up and go to jail yourself?
It makes more sense now to write a complaint to the European Court of Human Rights. There’s a good chance that the European Court will consider your complaint admissible as you resorted to criminal law mechanism as the domestic remedy available to you, and this does not seem to be working. And do not forget to detail all the violations of your rights that you mentioned in your domestic proceedings!
Yes, this is you best option to defend your rights by legal means. And now it makes sense to write a complaint to the European Court of Human Rights. There’s a good chance that the European Court will consider your complaint admissible as you resorted to criminal law mechanism as the domestic remedy available to you, and this does not seem to be working. And do not forget to detail all the violations of your rights that you mentioned in your domestic proceedings!
Увы, вы ответили неправильно, но мы восхищены вашим усердием! На самом деле, все эти причины
не являются обоснованными и с точки зрения Европейской конвенции по правам человека нарушают право на
свободу мирных собраний.
When do authorities have legitimate reasons for refusing protests and when do they violate our human right to assemble peacefully? In this module, you will follow how ordinary citizens, whose protests were not authorised by Russian authorities, took their case to the European Court of Human Rights and won.
What is the connection between sexual violence and human rights? How should states define rape and what are their obligations regarding allegations of rape? In this module, we follow the case of ‘E.B’, who sought justice when Romanian authorities failed to investigate her allegations of rape adequately.
Sorry, that is not correct. Have another go!
Sorry, that is not correct. Have another go!
Sorry, wrong again! CORRECT ANSWER: Only in the situation where journalists take interviews there is no violation of human rights.
Увы, вы ответили неправильно, но мы восхищены вашим усердием! Мы подготовили подробный разбор каждой ситуации и правозащитной позиции здесь.
Well done! Excellent! Please, now study each situation and human rights position of the European Court of Human Rights.
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