DRC – The authorities continue harmonizing Georgian laws with Russian legislation
Despite the unifying rhetoric, where he noted that “every citizen
of Georgia is precious to him,” the illegitimate president of Georgia, Mikheil Kavelashvili, on the very day of his
inauguration, December 29, signed about seven laws restricting
freedom of assembly and expression, right to a fair trial, inviolability of
private life, personal security and non-discrimination.
The laws that Mikheil Kavelashvili signed and that were adopted by the illegitimate parliament on
December 13, 2024 in the third reading, include:
Amendments to the
Administrative Offences Code and the
Law on Assemblies and Demonstrations
- The prohibition of
possession of pyrotechnics and the use of lasers during assemblies and
demonstrations – the disproportionately severe fines imposed for the very first violation (from GEL 1,000 to GEL 2,000) are contrary to the practice of the European Court of Human Rights. In particular, it limits the
opportunity for protest participants to express their position without fear of
unjustified financial sanctions (Kudrevičius and Others v. Lithuania, 2015)
- The prohibition of covering a face with a “mask or any other means” – the restriction, which
provides for a fine of up to GEL 2,000 for the very first violation, is
disproportionately severe. The European Court of Human Rights (ECtHR) has also
repeatedly considered such restrictions to be unjustified interference (Bukta
v. Hungary, 2007).
- Administrative fines have disproportionately increased –
for assemblies, if the police consider that the number of
demonstrators is insufficient to block the road; for
participating in the assembly
- instead of GEL 500, GEL 5,000, and for
organizers
- instead of GEL 5,000, a fine of GEL 15,000, or up to 15 days of administrative detention.
- For blocking the entrance to an
administrative building, instead of a fine, administrative detention
of up to 15 days will be imposed.
- If drivers join the protest in convoy and the police consider that traffic is being obstructed, the
driver will be fined GEL 1,000 and will be deprived of his/her driving license
for a year.
- The fine for distorting the
appearance of the territory in the municipality [arbitrarily making various types of
inscriptions, drawings, symbols on the facades of buildings, shop windows,
fences, columns, trees, as well as placing posters, slogans, banners in places
not designated for this purpose, leaving fences and buildings unpainted] has increased from GEL 50 to GEL 1,000.
Repeat violators will be fined GEL 2,000 instead of GEL 500.
- The fine for arbitrarily making various types of
inscriptions, drawings, symbols on the facades of buildings of administrative
bodies has also
increased from GEL
500 to GEL 2,000. Repeated violations of the rule will result in a fine of GEL
3,000 or up to 15 days of administrative imprisonment.
- Another new regulation is preventive detention. The police have been
granted the right to preventive detention for the purpose of preventing
the repeated commission
of an administrative
offence. Personal searches, searches of items, and seizure of items and
documents have also been permitted.
- Amendments have
also been made to Article 172 of the Administrative Offences Code, which concern disobedience to the lawful order of the police officer. If a minor is found to
have violated this article, his or her parent or legal guardian will be fined
from GEL 100 to GEL 300.
Amendments to
the Criminal Code
- Violation of the rules for the registration,
storage, transportation, use or transfer of explosive, flammable, harsh substances or pyrotechnic products, which
resulted in serious consequences, shall be punishable by a fine or house arrest for a term of six months to two
years or by imprisonment for a term of two to five years.
Amendments to the
Law of Georgia on Police
- The procedures for employment in the police
have been simplified. Namely, the Minister of Internal
Affairs has been authorized to hire a
person to work in the police without a special competition, which eliminates
the need for a competition and transparent selection. This practice increases
the risks of corruption and nepotism and violates the principles of a legal
state.
Amendments to
the Election Code
- Amendments
to the Election Code have increased the share of the
majoritarian element in municipalities, which promotes narrow party interests
and undermines the principle of proportional representation. The amendments
weaken the representation of small parties, which violates the principle of
pluralism and promotes one-man rule.
Amendments
to the Law of Georgia on Public Service
- The head and deputy
head of a primary structural unit of an institution will no
longer be professional public servants – they
will become persons appointed under an administrative contract.
The reorganization process has been simplified, which increases the risk that it will become an instrument
of political cleansing. The remedies for civil servants, including the possibility of litigation, have significantly weakened.
According to the Democracy Research Center (DRC), the Georgian authorities
are deliberately waging a war against their own population through repressive laws, increasing discrimination
against the opposition, restricting freedom of expression, and making any form
of protest punishable by harsh sanctions. This is a clear attempt to
consolidate power and destroy democratic processes, which threatens the
country's democratic future and only strengthens the country's isolation from
the civilized world and the strengthening of Russian influence.