The rules of protest rallies and administrative fines are toughened
18 December, 2024
The Georgian Dream has, in an accelerated manner, adopted amendments aimed at repressions against participants of protest rallies and public officers. These rules contradict the Constitution of Georgia and the universal human rights.
It is important to inform the public about the rules adopted by the illegitimate Parliament so that you know what the violent regime is planning to do.
- A person may be arrested to prevent the recurrence of an administrative offence, even if they haven’t committed a new offence. This amendment grossly violates the basic principle of law that an individual cannot be punished for an act he/she hasn’t committed, as well as the universal right to hold an assembly and manifestation. Such repressive measures are characteristic of only autocratic regimes and contradict the basic principles of law and fundamental human rights;
- Partial or full blockage of a carriageway will be punishable by a fine of GEL 5,000 or imprisonment of up to 15 days, while the organizer of this act will be punished by a fine of GEL 15,000 or imprisonment of up to 15 days. The fine used to be GE 500 for a participant and GEL 5,000 for the organizer. The increase of the fines serves to intimidate the people. The Venice Commission, the OSCE/ODIHR, and the European Court of Human Rights have explained that a disproportional sanction, including a strict fine, may violate the freedom of assembly and have a chilling effect that will in the future prompt individuals willing to participate in an assembly or manifestation to refrain from expressing their protest.
- Blocking a city road with motor vehicles or participating in group driving of vehicles will cause the suspension of the driver’s license for a period of one year. Up to now, this act was only punishable by a fine of GEL 1,000, while this amendment will make it possible to punish drivers by depriving them of the driver’s license for one year.
- It is planned to fine the parents of protest participants. A parent will be subject to a fine from GEL 100 to GEL 300 if a minor uses a pyrotechnic article and fails to comply with a demand of a law enforcement officer. The introduction of this norm is related to the false propaganda messages disseminated at the time of the rallies that parents force their children to take part in the rallies. In addition, the propaganda media outlets spread information that those attending the protest rallies are irresponsible parents. The Deputy Minister of Internal Affairs and the Public Defender have also got involved in the dissemination of these propaganda messages.
- The repressive law provides for a twentyfold increase in fines for making inscriptions and pasting posters on the facades of buildings; the minimum fine will be from GEL 50 to GEL 1,000, while the maximum fine will range between GEL 2,000 and GEL 3,500.
- The use of laser and other means of producing a sharp light beam will cause a fine of GEL 2,000. It is unclear what type of means are meant and who will determine the sharpness of the light beam. According to this logic, the light beam produced by a lantern or even a cell phone might be prohibited. It is also unclear how this norm will be enforced.
- It is prohibited to cover the face with a mask or any other means. In this case, the fine amounts to GEL 2,000. People at a rally cover their faces to protect their safety and health. In fact, people are prohibited from protecting themselves when the police use tear and choking gas, which means that one of the consequences of this amendment will be further damage to the health of protest participants. It should be emphasized that members of the SWAT team do not have a clear identification number, which is a violation of international standards and encourages impunity on the part of the state. When it is impossible to identify violent police officers and members of the SWAT team and Katsitadze’s agency is also failing to respond to violations of law on their part, the introduction of such a norm is absurd and indicates that the state has turned into a repressive machine whose goal is to punish people with dissenting and critical opinions.
- The use of a police uniform or any other attributes of a police officer or any imitation thereof will be punished GEL 2,000. It is unclear what type of clothing the amendment implies. This is going to be interpreted broadly. The goal is to enforce the law selectively.
- The use of pyrotechnic articles at a protest rally, which has caused grave consequences, will be punishable by imprisonment of up to five years. It is unclear what type of pyrotechnic articles are implied. Causing damage to a person’s health is punishable anyway, however the introduction of this provisions was prompted by the specifics of the recent rallies. The use of pyrotechnic articles at a rally is equated to the use of explosives, radioactive materials, firearms, and melee weapons.