Sanctions 19x the Cost of Living: How and Why Georgia is Fining Protestors

Georgian Dream has decided to track down the “enemies of the people.” The ruling party announced the return of an article regarding treason of homeland, among other items, following plans to conduct a “Nuremberg Trial” of the United National Movement. Experts consider this a populist initiative and warn it’s another signal that the authorities are strengthening their repressive power.

Translated by Adrian Bader

“Psychological terror”

“Don’t you dare talk about humanity! Today I picked up my father from the hospital! You knew about this too, you scoundrels? You know my official address right? But they still brought it [the ticket] to where the patient is! […] You’re all bastards! You think this is going to stop me or scare me?”

This was former Georgian Minister of State for European Integration and senior researcher at the Rondeli Foundation, Aleksi (Buka) Petriashvili’s reaction on social media to another fine. According to the politician, law enforcement brought the ticket to his apartment where his father had only just been cleared from the hospital after an operation. This time Petriashvili didn’t censor himself as he explicitly insulted the authorities and specifically oligarch Bidzina Ivanishvili.

Several hours later, the politician made another post commenting on a different fine. That time the police showed up at the house where his grandsons live. According to the former Minister of State, six members of the criminal police force came to his home where the two children were. Petriashvili called it a form of psychological terror and an attempt to intimidate protestors. 

The case with Buka Petriashvili isn’t unique. Earlier, a member of the opposition coalition Unity – National Movement, Lasha Parulava also spoke about receiving a ticket with a fine totalling 5,000 lari (1,800 dollars) not at his place of residence. 

“Police came, no, invaded, my parent’s house: ‘We need to give your son a fine.’ They fully knew where I lived, but they created this red terror for the elderly.”

Irakli Gaprindashvili also shared that police brought a ticket to his wife’s relatives. On February 21, the activist wrote on Facebook: “This morning a ticket with a fine was sent to my mother-in-law’s house. This address isn’t connected to me at all.”

Lately, police are bringing these tickets with fines late at night or early in the morning. An activist, Nika Narsia, wrote on Facebook that officers came to his house at 8 am to write up a report. He, as well as several friends, were fined 5,00 lari for blocking a road during a rally. “Now the courts aren’t needed — MIA (Ministry of Foreign Affairs) detains, accuses, and “judges” us independently,” wrote Narsia. 

Amendments to the Administrative Procedure Code that toughened laws regarding demonstrations came into force on February 7th. They include not only increased fines but also the opportunity for police to write up reports. From now on, MIA can’t bring reports to court and instead, officers will deliver the tickets and reports directly to homes. 

Moreover, protestors are recently saying that they’re being fined for blocking roads when they weren’t at a rally that day or were in a completely different place. 

For instance, world-renowned opera singer Paata Burchuladze received a ticket for blocking Rustaveli Avenue in front of the parliament building. Burchuladze emphasized though that that evening he led a procession from the Big Concert Hall to the Tbilisi Opera and Ballet Theater and didn’t go by parliament.

“I was recently met with a 5,000 lari fine. The officers who were forced to carry out the order hands trembled. What kind of situation have the Georgian police fallen into.”

It’s not uncommon now for protestors to receive several fines at once. Otar Zurabishvili, fifth President of Georgia Salome Zurabishvili’s brother, shared on February 21st that he was fined twice in one day. 

“This morning I was fined twice in a row by the police. At first four police officers (5,000 lari fine) and then three (another 5,000)! Who knew the protocol to hand out these fines (for blocking streets) required so many people!”

Otar Zurabishvili is convinced that the authorities’ goal is to intimate those protesting. He promised to continue to go in the evenings, though he certainly intends to appeal the fines. 

Not Just Protestors

Fines for blocking streets in Georgia aren’t only for people protesting but also for journalists covering protests who have their own professional responsibilities. Identifying those working with the media isn’t hard, practically everyone has a press badge.

According to a photographer for Publika, Basti Mgalobishvili, he was informed by a patrol officer that he was supposedly blocking the road on February 14th. On social media though, the cameraman published clips that showed him working the protest clearly wearing a press badge.

“The Georgian Ministry of Internal Affairs’ insults and threats didn’t influence the media, so now you’re moving to fines? You’re really fining 5,000 lari for blocking a road, or are you calling that activity?”

TV Pirveli cameraman Giorgi Mosiashvili was fined the same 5,000 lari on February 21st for blocking a road. The head of the TV channel, Nodar Meladze, called such “journalist hunting,” saying Georgian Dream along with the MIA is trying to repress the media from covering protests.

“After our cameraman Lasha Dzhioshvili was taken, today TV Pirveli cameraman Giorgi Mosiashvili was fined. I personally spoke with the person who wrote the fine, Zviad Amazashvili. Giorgi was at the protest with a camera, as confirmed by memory card material taken on February 17th of this year. […] Apparently, the police responsible for beating journalists are now moving to fining reporters. 

“Weapon of Repression”

On February 21st, the Georgian Association of Young Lawyers stated that in just one day fines totaled over 750,000 lari (about 270,000 dollars). The legal support hotline shared (likely on February 20th) that they received 150 messages. The exact amount of tickets issued to demonstrators isn’t known as this data changes hourly.

Human rights activists insist that unjustified application of sanctions in the form of “disproportionately high fines” is a type of repression. They call these measures anti-democratic and say they’re aimed at suppressing discord given there’s often no video or photographic evidence to support the accusations.

“Every judge is entirely aware of these principles, and even conditions of the inhumane Code of Administrative Offenses, and still is able to go around them and not find a punishment. However, the judges ruling these cases don’t wear the judicial robe correctly, and every day hundreds of citizens are convinced from their experiences that there’s no court,” said the head of the Association of Young Lawyers, Nona Kurdovanidze.

Organizations for civil society call on judges who consider these administrative cases not to participate in this “punitive oligarchic operation.”

“This practice is a mode of repression against free speech, the severity of which amounts to criminal liability. This isn’t democratic. This doesn’t uphold international standards of human rights and is a continuation of illegal policies of preventing freedom of assembly and expression,” stressed ex-ombudsmen and founder of the civil platform European Orbit of Georgia Nino Lomjaria.

MIA rejects the accusation of a disproportionate application of fines. The department stated that employees constantly identify offenders who can appeal sanctions if they disagree with them.

“From the last few days, society can clearly see that protestors in front of the parliament building in Tbilisi are intentionally and artificially blocking Rustaveli Avenue, despite the quantity of protestors not requiring such,” says an MIA statement.

The Association of Young Lawyers believes differently: “ [The] 5,000 lari size for illegal blocking of a street on the grounds that the number of people wasn’t enough violates the constitution.”

How Fines are Paid

Human rights activists have highlighted that a fine of 5,000 lari is 19 times the minimum living wage in Georgia. Many of those who have received such tickets aren’t able to independently pay such a sum.

On February 21st, the platform Freebusiness created a special donation fund for those who don’t have the financial means. The application is called Freedonation, and the money raised will support civil societies and opposition media. As of now, Freedonation will donate to TV Pirveli, Mtavari, Formula, Daitove, Isaubre, Movement of Light, and broadcaster Nanuka Zhorzholiani.

“Supporting the democratic process is one of society’s responsibilities. The goal of this platform is to unite those who build democracy and make it easier for society to support them. This isn’t a single fund; every member of society (citizen, small, medium, or big business) individually decides who to help and how much,” the site says. 

The Nanuka Zhorzholiani Foundation also supports protestors. After the start of mass protests in Tbilisi, the journalist collected money in order to purchase protective equipment for demonstrators – respirators, goggles, and gas masks. The foundation then transitioned to raise money to pay fines. 

There have of course been exceptional cases. Such as with renowned teacher and winner of the Global Teacher award Lado Apkhazava. On February 10th, the teacher was fined 5,000 lari for participating in a protest outside Judge Malkhaz Okropirashvili’s home. The judge had earlier refused to review an appeal against the arrest of Batumlebi and Netgazeti founder Mzia Amaglobeli.

In court, Apkhazava had asked them to take into account the fact that his income wouldn’t permit him to pay the fine. According to the village teacher, he has to work in three schools in order to feed himself. Further, he is forced to walk several kilometers from one school to another since his bike was stolen.

Addressing the judge, Apkhazava asked not to be put in an awkward situation with his colleagues since he would be forced to ask for their help if he was fined 5,000 lari. The village teacher nevertheless was fined. He asked other teachers to give him a symbolic amount of 1.50 lari (about 55 cents). After a couple of days, as a result, his account had received money from over 9,000 Georgian teachers.

A store even gave Aphazava an electric bike and Georgian immigrants living in the US decided to give him a car.

What Happens if the Fees Aren’t Paid 

In the nongovernmental sector, individuals facing these tickets and fines are encouraged to appeal them. Many people fined though are refusing to contribute to the Georgian Dream budget. The Association of Georgian Lawyers warns, however, that the fine can be paid through confiscation and sale of the citizen’s property at auction. 

“For example, if a car worth 6,000 lari is sold for a 5,000 lari fine, 5,000 will go to the government and 1,000 to the owner,” said lawyer Shorena Loladze.

According to her, there is also the possibility of seizure of an apartment or property in the apartment. 

“The bailiff decides which measure of enforcement is more effective–paying attention to the circumstance of the case, the size of the fine, and the financial situation of the person facing the fine. If a citizen doesn’t have an account or real estate, the bailiff can come into the house where the person is registered and take items in the sum of the fine, such as a television, fridge, or furniture.

If someone else lives in the house and claims that the items are theirs, they can come to court and prove such.”