In Georgia, an activist was arrested for writing on a campaign banner. What does a lawyer say about this?
Activist arrested in Georgia for banner graffiti
According to Georgia’s Ministry of Internal Affairs, 23-year-old activist Megi Diasamidze was arrested for damaging the campaign banner of Tbilisi mayoral candidate Kakha Kaladze.
She has been charged under the article “damage to another’s property,” which provides for a fine, community service, house arrest for a term of 6 months to 2 years, or imprisonment for 1 to 5 years.
Megi Diasamidze wrote on Kaladze’s banner: “Russian Dream,” playing on the name of the ruling party “Georgian Dream,” under which Kaladze is running.
This is the first case in Georgia’s modern history where a protest participant has been arrested under such an article.
Chair of the Young Lawyers’ Association Nona Kurdovanidze argues that Megi Diasamidze’s actions are neither a crime nor a violation of the law. According to her, at most a civil lawsuit could have been filed against the activist, but not a criminal case.
Nona Kurdovanidze:
“I consulted several specialists to obtain precise information about the status of the building on which the banner was placed. And apparently, this building does not have the status of a monument, although it is considered a site of significant value.
But this circumstance does not change the fact that Megi Diasamidze’s actions cannot be regarded as either a crime or a violation of the law.
At most, a civil lawsuit could have been filed against her, demanding compensation for the inscription on the banner.
Moreover, it is not even clear whether the placement of the banner on this building was legal. The placement of campaign materials during the pre-election period is regulated by specific rules. The buildings and other locations where campaign materials may be placed are determined by local self-government bodies.
However, the Electoral Code strictly prohibits the placement of campaign materials on buildings that have cultural heritage status. And this particular building is exactly such a site.
Accordingly, placing campaign materials on it is prohibited and can be regarded as distorting the building’s appearance, which is an administrative offense and carries a fine.
Therefore, the banner for which a 23-year-old student was arrested under a criminal charge may itself be considered an election campaign banner placed in violation of the law.”
“Can damage to a banner placed in violation of the law be considered a criminal offense? According to information published by the Ministry of Internal Affairs, the young woman was charged under Article 187 of the Criminal Code, which covers the damage or destruction of another’s property resulting in significant harm.
In this case, the banner was not destroyed – it is still hanging. It cannot even be considered damaged, since the inscription on it was quickly and easily removed.
Thus, this act is not only not a crime, but not a violation of the law either.”
News in Georgia
