What rights do you have if you are arrested at a protest?

In case of arrest at a rally, the interests of citizens are protected by non-governmental organizations. In case of arrest, call the hotline: +995 577 07 05 63

Please note: 24 hours after the arrest, when extending the detention period, the detainee must request a written justification from the law enforcement officers as to why this was necessary. In the absence of such justification, the person is considered to have been illegally detained and must be released immediately. At the same time, in such a case, he has the right to demand compensation for damages.

In practice, there are frequent cases when police officers clearly violate the detention procedure. Therefore, it is important for a protester to know what rights he or she has when administratively detained:

• During administrative detention, a police officer is obliged to explain to the person in an understandable manner immediately after the detention:

  1. The administrative offense committed by him and the grounds for his arrest;

  2. The right to a lawyer;

  3. The right, if he wishes, to have the fact of the arrest and his whereabouts notified to a relative, as well as to the administration of his place of work or study.

• A statement made by a person before the grounds for arrest were explained to them is inadmissible evidence;
• The police officer must take the detainee to the nearest police station or other law enforcement agency;

• An administrative detention report shall be drawn up on administrative detention, which shall include:

  1. Date and place of preparation of the protocol;

  2. Position, name and surname of the person who prepared the minutes;

  3. Information about the detainee;

  4. Time and grounds for arrest.

• The protocol shall be signed by the official who drew it up and the detainee. If the detainee refuses to sign, this shall be indicated in the protocol.

Please note: Sometimes police officers are not wearing their uniforms when stopping protesters. In such cases, protesters have the right to ask them to show their official identification to verify that they are actually speaking to a law enforcement officer.

When starting a conversation with a police officer, a protest participant has the right to:

• Find out his identity;

• If available, request the police officer to turn on the dash cam;

• Film the conversation yourself (a police officer does not have the right to restrict the right to film without proper grounds and justification).

To report a violation of the law by a law enforcement officer, contact the Public Defender on the hotline: 1481 .

You can find the full guide here > Guide for Protest Participants and Organizers (Georgian Young Lawyers Association / 2023)