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GDI shares concerns about the proposed amendments to the Law of Georgia "On Assemblies and Demonstrations" and believes that if this draft law is adopted, it could serve as a new means to infringe upon the right to assemble freely and potentially lead to repression against activists.
According to reports, the members of "Georgian Dream" will submit a draft law to the Parliament which will prohibit the arrangement of temporary constructions and pitching of tents at demonstrations if their "arrangement poses a threat to the participants of the gathering or demonstration or other persons; prevents the protection of public order and security by the police; disrupts the normal functioning of the enterprise, institution or organisation; or if it is not related to holding an Assembly or demonstration".
In the event of a breach of the prohibition, penalties will be imposed, including a fine of 500 GEL or a maximum jail term of 15 days. In cases where the event organiser is found to be in violation, they may incur a fine of 5,000 GEL or face imprisonment for up to 15 days.
Per GDI's stance, the adoption of the proposed draft law will heighten the risk of authorities engaging in arbitrary interventions that infringe upon the right to assemble freely by demonstrators. It's worth mentioning that there have been numerous instances in the past where law enforcement officers unlawfully denied rally participants the chance to set up their tents.[1] Furthermore, it's important to mention that the current legal framework already permits limitations on the right to assemble in order to safeguard public safety, protect the rights of others, and maintain the effective operation of administrative institutions.[2] In light of these conditions, GDI maintains that enhancing the law doesn't genuinely serve the public interest; rather, it offers an additional means to penalize protesters, leading to a chilling effect on the freedom of assembly.
According to both international standards and the assessment of national courts and the public defender of Georgia, the area protected by freedom of assembly includes the choice of time, place and form of assembly, including the setting up of a tent/temporary structure. [3] Regarding the limitation of this right, as stipulated in the current iteration of the Law of Georgia on “Assemblies and Demonstrations” it is permissible to restrict the installation of a tent or any other structure when the roadway is obstructed by various constructions and/or objects. [4] The administrative body, in the vicinity of the building of which an assembly or demonstration is held, may impose a requirement to hold the assembly or demonstration away from the building, but not more than 20 meters away. The decision shall be taken for each specific case, considering the current circumstances and public interest, as well as the legality of the restriction so that the concept of the constitutional right to hold assemblies and demonstrations is not neglected. [5]
Hence, the proposed legislation will introduce an additional ground for limiting the freedom of assembly within the legal framework, which, in our assessment, heightens the likelihood of infringing upon this fundamental right. The adoption of these legislative changes will further constrict the arena for expressing protest freely, exacerbating a situation where administrative justice is already frequently and improperly employed, exemplified by arbitrary detentions by law enforcement officers and trials lacking procedural safeguards.[6]
Consequently, the anticipated legislative amendments will perpetuate the pattern of unwarranted limitations on the freedom of assembly.
[1]The Public Defender’s assessment of the current events near the Georgian Parliament building, see:
https://shorturl.at/rWY29 [Last visit - 02.10.2023]; The Public Defender of Georgia echoes the fact of restricting the freedom of assembly in front of the Parliament, see: https://shorturl.at/muC45 [Last visit - 02.10.2023]; The Public Defender of Georgia echoes the fact of illegal restriction of freedom of assembly of railway workers, see: https://shorturl.at/fwTX1 [Last visit - 02.10.2023]; The Ministry of Internal Affairs grossly violates Beka Grigoriadis' right to assembly and expression, see: https://shorturl.at/cimvD [Last visit - 02.10.2023].
[2] Law of Georgia on” Assemblies and Demonstrations” Article 2, paragraph 3 and Article 9, paragraph 4.
[3] Guidelines on Freedom of Peaceful Assembly Second Edition Prepared by the OSCE/ODIHR Panel of Experts on the Freedom of Assembly, 2010, see: https://www.osce.org/files/f/documents/4/0/73405.pdf [Last visit - 02.10.2023]; Decision N2/482,483,487,502 of the Constitutional Court of Georgia of April 18, 2011, in the case of the political union of citizens "Movement for United Georgia", political union of citizens "Conservative Party of Georgia", Georgian citizens - Zviad Dzidziguri and Kakha Kukava, Georgian Young Lawyers' Association, citizens Dachi Tsaguria and Jaba Jishkariani, Public Defender of Georgia against the Parliament of Georgia"; Decision of the Administrative Affairs Board of the Tbilisi City Court on August 31, 2016, in case No. 3/6463-16; The Public Defender responds to the ongoing events near the Georgian Parliament building, see: https://shorturl.at/rWY29 [Last visit - 02.10.2023].
[4]Law of Georgia on “Assemblies and Demonstrations”, Article 111, paragraph 4.
[5]Law of Georgia on “Assemblies and Demonstrations”, Article 9, paragraph 4.
[6]GDI Human Rights in Georgia 2021 and 2022, see: https://shorturl.at/kMPW4 and https://shorturl.at/DHNWX; Center for Social Justice: Activism and enjoying the right to assembly, Analysis of Georgian practice, see: https://shorturl.at/aersF
