Parliamentary Majority Adds New Restrictions to the Law on Assemblies and Manifestations

Aleksi Bezhanishvili

Several amendments have been initiated to the Law on Assemblies and Manifestations. The amendments demonstrate that their authors were worried by the May protest rally and thought of new restrictions against the demonstrators.

According to the new legislative initiative, the restrictions of the time and place of demonstrations will be broadened.

According to the existing legislation, in order to ensure the public order, the normal functioning of state and public bodies, enterprises, departments and organizations and the public transportation, the local government body is authorized to hear the issue of changing the place and time of assembly and manifestation in three days after receiving the warning in the presence of the responsible individuals and issue the written recommendation on the corresponding. This is possible in case the action creates real danger for the functioning of enterprises, departments and organizations and the action is planned in the prohibited place.

According to the draft law, the new regulation will be added to this list according to which the time and place of the manifestation can be also restricted when another action is planned in the same place and the local government has already been warned about it.

It should be noted that up until now the local government body was involved in the regulation of assemblies and manifestation, namely the Tbilisi City Hall in case of Tbilisi.

But according to the draft law, this authority will be transferred to the local government, namely the City Council.

Accordingly, the notification about holding a manifestation and the further regulation belongs to the competence of City Council and not to the City hall.

Response to the Constitutional Court Decision

The restriction of holding actions and manifestations in the 20-meter radius from the certain buildings is being restored.

According to the abolished law, it was prohibited to hold an assembly or manifestation in 20 meter radius from the entrances of the following buildings: Georgian Parliament; President’s Administration; Constitutional Court of Georgia, Supreme Court of Georgia, Common Courts, Office of Prosecutor, Departments of Police, Prison and Detention and law-enforcement bodies; military units and objects; railway stations, airports and ports; hospitals; diplomatic departments; governmental bodies; local government bodies; enterprises, departments and organizations with special regime of labor safety or with armed defense.

According to the April 18 2010 decision, Constitutional Court found the provisions which restricted holding assemblies and manifestations in 20 meter radius from the certain departments and administrative bodies unconstitutional. The court shared the applicant’s opinion that this kind of prohibition does not comply with the Constitution as it practically makes it impossible to hold assembly and manifestation in certain cases. At the same time, the Court noted that the right to assembly can be restricted when it hinders the normal functioning of the department and when the restriction is stipulated by special safety measures.

The new draft law once again restricts assemblies and manifestations in 20 meter radius from the following buildings: Constitutional Court of Georgia, Common Courts, Office of Prosecutor, Prison and Detention departments and the law-enforcement bodies and also at the railway stations, airports and ports.

Besides, it will be prohibited to hold assemblies and manifestation in military departments and units and in 100 meter radius from their entrances.

Besides, new regulation will be adopted according to which it will be prohibited to block the highways and railway station. Blocking entrances of buildings already exists in the current law.

Also, the administrative body at the surroundings of which the manifestation is held is authorized to determine the place of assembly in 20 meter radius from the entrance.

Administrative body takes this decision considering the environmental and public interest in each concrete case.

According to the new amendments, persons without citizenship will once again be restricted to be responsible for the assemblies and manifestations.

According to the abolished version of the Law, the citizens below 18, also the persons without citizenship could not be responsible for the assemblies and manifestations. Georgian Constitutional Court abolished the restriction regarding the persons without citizenship on April 18th.

However, according to the draft law of Parliamentary majority, this restriction will be restored.

According to interpressnews, the draft law singlehandedly states that the citizens below 18 and persons without citizenship cannot be responsible for manifestations.

Other Restrictions and Prohibitions

According to the draft law, alongside with assemblies and manifestations, it will be obligatory to protect rights of local residents and market dealers.

According to the draft law, the relevant body is obligated to keep balance between the freedom of assembly and rights of the individual who lives, works, trades and has business in the places where the assembly is taking place.

The draft law singlehandedly states that these individuals must not be hindered to continue their work. The time and place of manifestation can be restricted for this purpose and the alternative places may be offered.

According to the Draft Law on Assemblies and Manifestation, the demonstrators will have to be careful with the monuments.

According to the draft law, it is prohibited to damage or abuse the historical, archeological, architectural or scientific buildings, monuments or memorials.

The mass use of alcohol by the demonstrators will give rise to the dispersal.

According to the draft law, if the demonstrators have the items and materials that can endanger lives of other participants and this has mass-scale nature, the assembly or manifestation should be immediately stopped at the request of the authoritative body. The same restriction is imposed if the demonstrators have the lachrymatory, neural-paralytic and poisonous material or alcohol.

If the manifestation does not stop, the draft law singlehandedly states that “the law-enforcement bodies will apply international law and the measures envisaged by Georgian law to stop the assembly or manifestation.” The protest rally will be disrupted if the responsible individuals are unable to ensure the eradication of shortcomings in 15 minutes after the warning.

Opposition Assessment

The draft law was initiated by legendary deputies from Parliament majority: Pavle Kublashvili, Chiora Taktakishvili, Kakha Anjaparidze and Akaki Minashvili. The newest history shows that these deputies are distinguished with the innovative fantasies especially in the period when the protest actions increase in the country and the law does not allow the government to suppress the mass protest.

The initiative of Parliamentary majority was negatively assessed by the opposition. One of the first political parties to respond to the amendments was Free Democrats. According to Giorgi Tsagareishvili, member of this party, the Constitutional Court discredits the Parliament.

As Tsagareishvili stated to interpressnews, by the Draft Law to Assemblies and Manifestations, the Parliamentary majority abused the decision of Constitutional Court adopted a while ago.

“After all this, the logical step of Pavle Kublashvili would be abolishment of Constitutional Court,” – stated Tsagareishvili.

“After 2009 protest rallies the government swiftly added restrictions to the law. Now too, after the May actions, the same step was expectable,” – stated the Deputy.

One of the leaders of Free Democrats Levan Izoria held a special briefing on this topic where he stated that the planned amendments are the next irresponsibility that raises questions about the existence of constitutional control, rule of law and legal culture in the country.

According to him, this once again shows the irresponsibility, unprofessionalism and cynicism of the government as according to the explanation note these amendments should have reflected the decisions of Constitutional Court but they demonstrative an absolutely opposite stance.