TI – “Repressive rules aimed at abolishing freedom of assembly and expression”

Transparency International Georgia (TI) has examined the new legislative initiatives of the Georgian Dream party. TI considers these expected legislative innovations to be actions aimed at abolishing freedom of assembly and expression:

“On February 3, the Georgian Dream parliament began discussing dictatorial rules aimed at abolishing freedom of assembly and expression, which pose a threat to basic human rights. These changes are not the first since large-scale and permanent protests began in Georgia. Against the backdrop of dispersal, illegal detentions, torture and illegal trials of protest participants, the Georgian Dream party has repeatedly amended the law, thereby tightening repression of protest participants. The main goal of these changes is to suppress ongoing protests and intimidate people.

The repressive rules are a direct attack on the rights guaranteed by the Universal Declaration of Human Rights, the European Convention on Human Rights, and the Constitution of Georgia. They reflect the strategy of autocratic, dictatorial regimes, which aim to suppress dissent, consolidate power, and punish those undesirable to the regime” – TI.

1. Criticizing government members and public officials on social media will result in 60 days in prison

Hooliganism in public spaces is now punishable. According to current practice, social media is also considered a public space. Accordingly, if you violate public order or the peace of citizens on social media, you will face imprisonment. Under the current law, you will only be punished for hooliganism if you commit it in a public place (for example, on the street);
Responsibility for hooliganism is being tightened. The maximum fine is increased from 1,000 to 3,000 GEL, and the term of administrative imprisonment is increased from 15 to 20 days. In case of repeated hooliganism, the maximum fine is increased from 2,000 to 5,000 GEL and the term of imprisonment is increased from 15 to 60 days.
2. You may be imprisoned for criticism that is considered an insult – a punishment for freedom of expression

Voiceless insults, swearing, or insulting remarks against a political official or public servant are punishable by a fine of 6,000 GEL or 60 days of imprisonment under the Code of Administrative Offenses. The insult must be related to the official’s or public servant’s official duties.
The term of imprisonment for “insulting” a law enforcement officer is increased from 15 to 60 days, and the maximum fine is increased from 4,500 GEL to 6,000 GEL. Under the current law, insulting a police officer is punishable only in the course of his/her direct performance of official duties. With the amendments, any insult and “insulting” directed at a law enforcement officer related to his/her work becomes punishable.
3. Public incitement to violence will be punishable by up to 3 years of imprisonment

Public incitement to violent action, even if it does not result in any consequences, will be punishable by up to 3 years of imprisonment. The current law on this crime does not provide for deprivation of liberty.
4. Arranging rallies is prohibited almost everywhere – limiting assembly places and toughening punishments

It is prohibited to hold a rally in a closed space, in a building, without the prior consent of the owner
It is prohibited to block the entrances to buildings, highways, bridges, tunnels, overpasses, transport hubs and railways designated by the municipality during an assembly or demonstration.
The Ministry of Internal Affairs will make a decision on the opening of the carriageway and the restoration of traffic during the rally instead of the city halls.
Along with creating obstacles to the movement of transport, creating obstacles to the movement of people by the participants of the rally is punishable.
The minimum fine for violating the rules of assembly and demonstration is from 500 to 2,000 GEL, and imprisonment is increased from 15 to 60 days.
5. The police may conduct a personal examination without a witness

The Ministry of Internal Affairs shall decide on the presence of a witness during a personal examination. Under the current law, a person being examined has the right to request the presence of two persons during the examination. This right may be restricted only in urgent cases, when there is a real risk of damage, destruction or concealment of evidence. The amendments abolish these guarantees and the examination may be conducted in the presence of one witness, and only with the consent of the Ministry of Internal Affairs.
6. You may not set up a tent or stage during a rally

It is prohibited to set up a temporary structure (e.g., a tent, stage) during a rally or demonstration if its arrangement poses a threat to participants in the rally or demonstration or other persons, prevents the police from maintaining public order and safety, disrupts the normal functioning of an enterprise, institution, or organization, does not substantially impede the protest without its arrangement, and/or its arrangement is not related to the holding of the rally or demonstration.

7. Not only the initiator, but also a person otherwise involved in the organization will be considered an organizer of a rally

The definition of the organizer of a rally and demonstration is changed and the initiator of the demonstration, as well as the person who leads and/or otherwise organizes the holding of the rally, is considered such;
If the rally or demonstration is held on a transport route or impedes the movement of transport, the responsible person/organizer of the rally must file an application with the municipality.
8. Spontaneous assembly without warning will be considered a violation of the law

If the rally or demonstration is held unplanned, immediately due to an important public event, the organizers of the rally are still obliged to warn the municipality. This rule applies if the rally is held on a transport route or impedes the movement of transport.
9. Threatening a political official can lead to 6 years in prison

Threats of violence against a political official, civil servant, public servant and/or a member of their family are punishable by up to 3 years in prison. If committed in a sleepy environment, they are punishable by up to 6 years in prison;
“The presented repressive rules are an attempt by the illegitimate government to effectively abolish freedom of expression and assembly. By imposing disproportionately harsh penalties, restricting the places and forms of protests, placing officials in a privileged position and increasing the control of the Ministry of Internal Affairs over demonstrations, the regime is trying to create a comfortable atmosphere of fear for itself and intensify repression against active members of society,” – TI.

EU Commissioner for Enlargement Marta Kossy responded to the above legislative initiatives.

Kosi writes that the legislative amendments proposed by the Georgian Dream will further undermine citizens’ freedom of expression and assembly.

“We call on the Georgian government to change course and return Georgia to the path towards the European Union, in accordance with the will of the citizens of Georgia,” – Marta Kosi.

According to the Public Defender’s Office, on February 5, they appealed to the OSCE/ODIHR and asked it to prepare a legal opinion on the aforementioned draft laws submitted by the Georgian Dream.

The Georgian Dream plans to review and amend the Code of Administrative Offenses, the Law of Georgia “On Assemblies and Manifestations,” and the Criminal Code in an expedited manner.

“Regarding the above-mentioned legislative package, despite the call of the Public Defender, the Parliament is still considering the draft law in an accelerated manner, which does not allow for full participation and involvement in it.

The Public Defender of Georgia calls on the Parliament of Georgia not to allow the draft law to proceed further until the OSCE/ODIHR conclusion is published and expresses the hope that the OSCE/ODIHR conclusion regarding the submitted draft laws will be fully taken into account. In addition, all measures will be taken to eliminate negative effects on human rights,” the Ombudsman’s statement reads.

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