Statements

Members of the CSO platform No to Phobia! express our concern about actions of recent aggressive ultra-nationalistic groups, indirectly encouraged by inadequate actions of law enforcement bodies or their complete indifference towards hate crimes and violations.  

It has been reported that on May 29, 2016, a vegan café called Kiwi was invaded by representatives of an extremist group, about 10 people. They attacked Kiwi customers and personnel. According to eyewitness accounts: 

“They started a turmoil, a fight, throwing [things]. They broke my friend’s head. They were able to escape before police arrived. The police did not take the incident seriously, they thought it was funny.”

“A fight broke out; they had knives; someone broke the chef’s eyebrow, he was bleeding; a waitress was dragged by her hair; they set torches ablaze; neighbors were protesting the noise. When police arrived and after seeing that most of Kiwi personnel and customers had piercings, dreads and Mohawks, they assumed that we had started the conflict.”

According to the information published on Kiwi’s website, the attack was allegedly motivated by homophobia:

“These aggressive people were members of neo-Nazi groups Bergman and Georgian Force (who also visited us about a month ago, late at night, and found that Kiwi was closed. They talked to an employee of neighboring shop and asked if she had seen any of “those”. They probably meant LGBTQ representatives.”

The police initially took “pre-investigative measures”, which are nowhere to be found in criminal legislation; however, after the incident received a largely negative response from public (through social networks) and was broadly covered by media, the police announced that they traditionally launched investigation for battery (Article 125 of the Criminal Code of Georgia). Yet again, investigative authorities failed to invoke para.31 of Article 53 of the Criminal Code of Georgia, even though it was apparent that the incident was motivated by hate. 

On May 26, 2016, a vide of Georgian ultra-nationalistic movement March was released with black banners and the infamous fascist slogan Georgians for Georgia, which is indicative of empowerment of these groups and imminence of threats that they pose to people with different identity. 

Members of the No to Phobia! platform applied to the Ministry of Internal Affairs as early as in September 2015, demanding timely and effective response to crime motivated by discrimination and hate. 

As far as we know, law enforcement authorities have not examined illegal actions of groups that are similarly motivated by hate. Investigation into the acts of crime illustrated in videos from September 21, 2015, was launched for battery (Article 125 of the CPC), and the fact that these crimes were motivated by hate was disregarded. Eventually two men were arrested on charges of racial discrimination; however, it is not known whether they have been prosecuted. 

No to Phobia platform applied to the MIA on March 31, 2016, with a letter about aggressive ultra-nationalistic groups, and their “anti-immigration, anti-Islamist demonstration” scheduled to be held on April 3. The platform demanded that the Ministry take security measures and adequately respond to any hate crimes. We also demanded information about the status of the investigation launched in connection to the two individuals arrested in September 2015 on charges of racial discrimination but our letter has not been responded. 

We urge the Ministry once more to take timely and adequate measures in response to illegal actions of aggressive groups, especially considering that these actions are motivated by hate and intolerance. In addition, pursuant to the Instruction No.47 of the Minister of Internal Affairs (dated December 23, 2014), in statement of facts the investigative authorities must indicate that there are signs of a crime foreseen by para.31 of Article 53 of the Criminal Code of Georgia (hate crime), where applicable. 

In light of the threats posed by these groups, the MIA should take all reasonable actions to prevent violence in the future. 

Georgian Democracy Initiative

Media Development Foundation 

LGBT Georgia

International Society for Fair Elections and Democracy 

Tolerance and Diversity Institute

Women’s Initiatives Support Group

Transparency International – Georgia

Identoba

Georgian Reforms Association