News
TDI
Dec/1808

Police Arrested the Person on Racial Discrimination Charges

On December 7, police arrested [1] the person with racial discrimination charges committed with violence or threat of violence dangerous for life or health [2]. The crime is punishable by imprisonment from 2 to 5 years.

TDI represents the interests of G.M, a citizen of the Republic of Cameroon, in the criminal case related to the violence committed on the grounds of racial intolerance, that took place on November 29 in a public transport in Rustavi.

On November 29, at around 7:00 pm a citizen of the Republic of Cameroon was traveling by public transport in Rustavi. According to G.M., one of the men in the mini-bus verbally and physically assaulted him because of the skin color.  In particular, he was using the hate speech, telling the victim that his place was not in Georgia, he had to return to his country and also, was calling him “Zangi” (N-word). After verbal insult, the above-mentioned person started a physical attack on G.M and hit him several times in the head. After getting off the mini-bus, the offender continued insulting G.M verbally and physically in the street.

The victim managed to video-record part of the incident with his mobile phone. The recording was spread by media too. [3] The victim immediately informed the police, who arrived at the place.

The Rustavi city division of Kvemo Kartli police department of the Ministry of Internal Affairs of Georgia launched the investigation under Article 126, paragraph 1 (Violence) of the Criminal Code of Georgia. The alleged perpetrator has been identified.

The relevant investigative procedures have been carried out by the MIA. The victim was interviewed on November 29, the same day when the incident took place. The medical examination took place on the day after the incident. The witness who saw the episode of the violent act has also been interviewed.

Immediately after engaging in the case, TDI requested to grant G.M. the victim status and to qualify the violence act as racial discrimination. On December 4 identification procedure of the attacker was conducted, on December 6, G.M was officially granted the victim status and the investigation was continued with article 142 (1) - racial discrimination, instead of article 126 (violence).

TDI also addressed the Department of Human Rights of the Ministry of Internal Affairs in order to monitor the case and to ensure timely and efficient  investigation.

It is noteworthy that recently the number of the acts motivated by racism and xenophobia has increased. The victims of such intolerance most often are the representatives of African and Asian countries. Therefore, it is important that the law enforcement agencies have an immediate and adequate response to every act committed on the grounds of hatred. At the same time, the state shall develop preventive measures, as well as a clear strategy and policy to effectively tackle racism, xenophobia, and crimes committed on the grounds of intolerance.

TDI welcomes timely and efficient steps taken by the Ministry of Internal Affairs during the investigation of the above-mentioned case.

 

TDI provides legal aid in the frame of the project “Combating Religious, Ethnic and Racial Discrimination in Georgia” in the framework of East-West Management Institute’s (EWMI) Promoting Rule of Law in Georgia Program (PROLoG) funded by the United States Agency for International Development (USAID)



 

[1] https://police.ge/ge/shinagan-saqmeta-saministrom-rustavshi-rasobrivi-diskriminatsiis-braldebit-1-piri-daakava/12203

[2] Article 142 (1), para.2a of the Criminal Code of Georgia

[3] www.inforustavi.ge 01.12.2018,  https://inforustavi.ge/?m=31&news_id=7901&fbclid=IwAR2RT72Vrqz1JLO1sz4uSqkLbgYeWhjN-RAYZfhRZAB7ELzUGXurSakyb5E