The Democracy Research Institute echoes another repressive and authoritarian legislative initiative intorduced in the one-party Parliament, the purpose of which is to completely disregard the right to assembly and expression. In addition, the content of the draft laws makes it clear that the amendments are aimed at instilling fear among the participants in protests and thus putting an end to protests.
According to the legislative initiative, amendments will make to the articles of the Criminal Code and the Administrative Offences Code that are most often used against demonstrators. In particular, according to the amendments to be made to the Administrative Offences Code, in cases of covering the face with a mask or any other means, intentionally creating obstacles to the movement of people or transport, possessing tear gas or poisonous substances, or nerve agents, arranging a temporary structure (if its arrangement prevents the police from maintaining public order), partially or completely blocking the roadway (if the demonstration can be held otherwise considering the number of participants), the judge is obliged to impose administrative detention on the participant in the demonstration for up to 15 days (in the case of the organizer, up to 20 days).[1]
In addition,
according to the amendments to the Administrative Offences Code, a protester will be subject to administrative
detention for up to 60 days if he or she brings to the rally: a firearm,
explosive, flammable, radioactive substance, cold weapon or pyrotechnic
product, as well as an object or substance that is used or may be used to cause
harm to the life and health of participants in the assembly or demonstration or
other persons;
In addition,
the legislative amendments criminalize the right to freedom of assembly. In particular, criminal liability is
provided for
the repeated
commission of the above-mentioned acts, in particular, up to one year of imprisonment. According to
the amendments to the Criminal Code, Article 3533
will be added to
the Code, according to which,
insulting a law enforcement official
and/or disobeying a lawful order for the third time by a person subject to administrative fines shall result in criminal liability and
shall be punishable by up to one year
of imprisonment.
In parallel
with the large-scale and continuous protests, Georgian Dream is trying to
completely ignore the constitutional right to freedom of assembly and expression by
enforcing repressive laws. After November 28, the amount of the sanction
provided for artificially blocking a road has increased 10 times, amounting to GEL 5,000. The
imposition of administrative detention
and then criminal liability for the above-mentioned violation is especially
alarming in the absence of an impartial and independent court. According to the
Democracy Research Institute, the court has
so far recognized all
person as administrative violators
and fined
thousands of people GEL 5,000.
Georgian Dream
intensified legislative
repressions after November 28, when
large-scale protests were
launched. The party has adopted a number of laws in an
accelerated manner - administrative fines and terms of administrative detention have
increased. In addition to the adoption of repressive laws, the quality and
intensity of their implementation in practice is particularly problematic.
Repressive legislation, which provides for disproportionately high fines and lengthy
administrative detention,
is actively used against peaceful demonstrators through biased courts.
According to
the Democracy Research Institute,
the proposed
changes practically no longer leave the opportunity for peaceful demonstrators
to exercise their right to freedom
of assembly
and expression,
which is ultimately an attempt to suppress protests and intimidate citizens.
[1]
A pregnant woman, a
mother with a child under 12 years old, a person under 18 years old, or a
person with a severe or significant disability shall be fined GEL 5,000, and if
this person is an organizer - GEL 15,000.
საქართველოსთან მიმართებით ევროკომისიის მიერ მწვავე შეფასების გამოქვეყნების შემდეგ, პროკურატურამ ბრალი ოპოზიციურ ლიდერებს სახელმწიფოს წინააღმდეგ მიმართულ მძიმე დანაშაულებზე წარუდგინა.
იურიდიული დახმარების ქსელი ყოველდღიურ რეჟიმში შეზღუდული
რესურსებით აგრძელებს შეკრებისა და გამოხატვის თავისუფლებით სარგებლობისას დაზარალებული პირების
უფლებების დაცვას.
DRI echoes the video recording released on October 2, in which former judge Besarion Alavidze speaks about numerous facts of threats/pressure exerted against him.