The OSCE Office for Democratic Institutions and Human Rights (ODIHR) has issued a legal opinion on Georgia’s newly adopted legislative amendments concerning assemblies and demonstrations. The assessment was conducted following a request from the Public Defender of Georgia, who raised concerns over the impact of these changes on fundamental rights.
The amendments, passed on February 6 by the ruling Georgian Dream party, introduce various restrictions on protest participants, increase fines for violations of assembly regulations, extend administrative detention from 15 to 60 days, and mandate written notification to local authorities for spontaneous gatherings.
ODIHR highlights that the amendments were adopted through an expedited process without inclusive consultations. The organization emphasizes that the changes impose multiple new restrictions on the right to peaceful assembly and freedom of expression while tightening criminal and administrative penalties.
The legal opinion finds that several provisions raise serious concerns regarding their compatibility with international human rights standards, particularly Article 21 of the International Covenant on Civil and Political Rights (ICCPR) and Article 11 of the European Convention on Human Rights (ECHR), which protect the right to peaceful assembly and freedom of association.
The ODIHR report specifically criticizes the following elements of the new legislation:
The requirement for immediate notification of spontaneous assemblies.
A general ban on holding gatherings in closed spaces without prior written consent from the property owner.
* The prohibition of temporary structures at demonstrations.
* A blanket ban on covering one’s face with masks or other means during protests.
Harsh administrative and criminal sanctions that ODIHR recommends be repealed or significantly revised.
Additionally, ODIHR warns that disproportionate penalties in themselves could constitute a violation of the right to peaceful assembly.
ODIHR urges the Georgian authorities to reassess or, at a minimum, narrowly define the justifications for prohibiting assemblies. The organization stresses that such measures should be clearly foreseeable, necessary, and proportionate to avoid undue restrictions on the right to peaceful assembly.
The legal opinion recommends abolishing the extended administrative detention provisions introduced by the amendments and substantially reducing fines, particularly for minor offenses and cases involving minors.
