Opinion: 'Georgia’s new protest laws should be seen as ban on freedom of expression'
Opinion: Georgia’s protest laws
“The new amendments to protest laws are aimed at restricting or even banning any form of expression,” said lawyer Nika Simonishvili, commenting on the changes to the administrative and criminal codes initiated by Georgian Dream.
According to Simonishvili, the planned amendments violate the Georgian constitution and the country’s obligations under international agreements.
The lawyer also noted that a provision similar to the amendments proposed by Georgian Dream previously existed in the criminal code of the Soviet Union.
New repressive amendments will be introduced into Georgia’s Administrative Offences Code and Criminal Code. Protesters could now face up to 15 days’ detention for a first offence.
— covering the face or wearing a mask;
— possession of tear gas and/or toxic substances;
— blocking a road or erecting a temporary structure.
Offenders face up to 20 days’ detention if they are organisers or initiators of the actions listed above.
According to Irakli Kirtskhalia, leader of the Georgian Dream parliamentary majority, protesters could face 60 days’ detention for possessing weapons, fireworks, or other “similar items” during a protest, as well as for refusing to comply with the Interior Ministry’s order to disperse the demonstration.
Repeated commission of actions prohibited by law will result in criminal liability for up to one year. In the case of a recurrence, the penalty could be up to two years.
Nika Simonishvili: “These amendments, introduced by Georgian Dream, violate the Georgian constitution and international agreements.
Until now, we have said that the provisions of the Administrative Offences Code were used to restrict freedom of expression for activists, but now this assessment seems too mild.”
“These amendments are already aimed at restricting, or even banning, any form of expression. Any statement that Georgian Dream dislikes or finds unacceptable will simply be prohibited.
When Georgian Dream talks to us about the legality of certain actions or about lawlessness and the rule of law, let us remember that the ‘rule of law’ existed in our country even during the Soviet Union. Rules and laws were established then as well. I would like to remind you that the Soviet criminal code included a provision similar to the one Georgian Dream is now drafting.”
“Formally, what Georgian Dream is initiating is a violation of the law. [Parliament speaker] Papuashvili and other Georgian Dream representatives say that laws must not be broken. But the question we need to ask is whether these laws are fair and constitutional. Legality does not mean that these rules are legally correct or consistent with the principle of the rule of law.
Georgian Dream says it will arrest people for wearing masks at a rally, for simply standing on the street — what does that even have to do with the law?”
Opinion: Georgia’s protest laws
