According to the conclusion of the Office for Democratic Institutions and Human Rights (OSCE/ODIHR), the Parliament should not adopt the planned amendments to the Law of Georgia ‘‘On Assemblies and Demonstrations’’, which forbids the participants of a rally from pitching tents or setting up temporary structures for various reasons.
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The OSCE/ODIHR points out that freedom of peaceful assembly also protects the rights for long-term demonstrations, prolonged sit-ins, and sit-in-type demonstrations, and implies the freedom to choose the form and type of assembly.
In its report, the OSCE/ODIHR notes that the grounds for restriction provided for in the draft amendments are broad and vague, which may lead to its selective application and discriminatory use by the authorities.
According to the report, it is unclear why the existing legal framework is considered insufficient when it already contains provisions on police authority in relation to artificial roadblocks as well as suspected explosive devices. Imposition of the most severe administrative penalty of 15-day detention along with a fine and confiscation for erecting a temporary construction is also assessed as disproportionate and exerting a chilling effect on the exercise of the right. As indicated in the OSCE/ODIHR document, the proposed changes could be used to discriminate against political dissent. The accelerated adoption of the draft law is also negatively assessed in the report.
OSCE/ODIHR prepared the report based on the appeal of the Public Defender.
On October 5, the Parliament fast-tracked the amendments into force that prohibit participants of gatherings or demonstrations from setting up a temporary structure or pitching a tent.
- Its arrangement poses a threat to the participants of the assembly or demonstration or other persons;
- It interferes with the maintenance of public order and security by the police;
- Causes disruption of the normal functioning of an enterprise, institution, or organization;
- It is not related to the gathering or demonstration.
The violation will lead to the confiscation of the construction or the tent and a fine of 500 GEL or confiscation and administrative imprisonment for up to 15 days. If the violator is an organizer - confiscation of the object of offense and a fine in the amount of 5000 GEL or confiscation of the object of offense and administrative imprisonment for up to 15 days.
The ruling party explains the need for amendments to the law with the statement of the State Security Service, according to which another coup is planned in Georgia in October-December.
The President vetoed the bill restricting tents at rallies and returned it to the Parliament with motivated remarks. Its discussion in the legislative body is still in progress.
