A/HRC/41/45/Add.1 5. International Day against Homophobia, Transphobia and Biphobia 56. Since 2012, the International Day against Homophobia, Transphobia and Biphobia has marked a widening in the rift in Georgian society. 32 57. On 17 May 2013, a small group of members of the lesbian, gay, bisexual, trans and gender diverse community and their allies, who were commemorating the International Day in Tbilisi, was attacked by a crowd of thousands. For hours, the police failed to control the situation and the small group that had sought refuge in a building surrounded by the crowd was subjected to terror and assault, suffering physical and psychological harm. There is consensus on the fact that clerics from the Orthodox Church and members of extremist groups were involved in inciting the violence, and that groups from the population executed the attack under the influence of crowd dynamics. 58. The Independent Expert has been struck by the extent to which different stakeholders – the State, the lesbian, gay, bisexual, trans and gender diverse community, civil society and the Church – qualify those events as “a source of shame”, “societal trauma” or “the lowest point of Georgian society in recent times”. Some interlocutors opined that the celebration of the International Day in the public space had been seen as a breach of the tacit societal pact that displays of diverse sexual orientation or gender identity would be tolerated only as long as they remained in the private sphere. 59. Equally worrisome are the effects of these events on the ability of the community to make effective use of their freedoms of expression and peaceful assembly. Since 2013, strong limitations put in place by the Government with regard to participation in the 17 May demonstrations have hampered the ability of the lesbian, gay, bisexual, trans and gender diverse community to celebrate the International Day. 60. The chilling effect on such gatherings seems to be supported by a significant majority of the society: 80.5 per cent of the respondents to a survey considered that such rallies should be banned by law. To have such a significant part of society convinced that a whole community does not possess the rights to freedom of expression and peaceful assembly is of enormous concern to the Independent Expert. The fact that the State failed to publicly condemn the attacks perpetrated at the 2013 event and that the Church never made a public apology may have been understood by the general public as tacit acquiescence in the violence and may indirectly have fuelled discriminatory sentiments against the community. 61. In this context, the participation of the Deputy Minister for Internal Affairs and of the Head of the Human Rights Protection Department in the 2018 celebration of the International Day against Homophobia, Transphobia and Biphobia is most welcome, as was the announcement prior to that celebration that violence would not be tolerated. The Independent Expert also appreciates the fact that, during his dialogue with authorities of the Patriarchate, they distanced themselves and the Orthodox Church from the homophobic sentiments that had been expressed by some members of the clergy in May 2013, and reaffirmed that tradition should never be used to justify violence and discrimination. 62. In 2014, the Orthodox Church of Georgia declared 17 May as Family Purity Day. Since then, the Patriarchate has held annual demonstrations on 17 May, marching in Tbilisi city centre, occupying key locations and celebrating mass weddings. The Independent Expert conveyed to the Patriarchate his concerns in this respect: the establishment of a dynamic of peaceful coexistence must be a common objective, and other solutions should be found for different views to be expressed without creating risks of confrontation and a dynamic of competition. 63. There is a shadow over the investigation and prosecution of the very grave events of 17 May 2013, and this has left an open wound in society. Dealing with social trauma reveals the truth and creates a space for dialogue. The Independent Expert therefore 32 12 See European Court of Human Rights, Women’s Initiative Support Group and others v. Georgia (application No. 73204/13), lodged on 15 November 2013 (pending); Identoba and others v. Georgia (application No. 73235/12), judgment of 12 May 2015.