The decision of “Georgian Dream”, announced by Irakli Kobakhidze on 28 November 2024, on removing the issue of opening EU membership negotiations from the agenda until the end of 2028 was met with widespread, continuous legitimate protest from the public.
From 28 November to this day, the “Georgian Dream” has systematically put into motion various repressive mechanisms against hundreds of people to suppress the protest, including torture and improper treatment. Despite this, constant protests continue.
In parallel to the systemic, fruitless attempts to intimidate the participants of the legitimate protest, the one-party parliament of the 11th convocation has adopted another package of repressive legislative amendments through an expedited process, while, its legitimacy has not been recognized by the European Union, and the US to this day, and several representatives of EU member states have called for an international investigation into the parliamentary election.
The legislative package adopted on 13 December 2024 in the third reading introduces substantial amendments to the Code of Administrative Offenses, which was adopted in 1984 in the Soviet Union and which the “Georgian Dream” repeatedly promised the public to reform. For years, instead of developing human rights-based approaches and adopting a new Code, “Georgian Dream” repeatedly included additional mechanisms for repression in the already repressive Code. However, the amendments adopted on December 13 will create a substantially different reality through their contents and will pose an imminent threat to the realization of the freedom of assembly.
The package of legislative amendments adopted in three readings entails changes to other legislative acts as well. Considering the content of the amendments, it can be said that the main targets of these changes are the participants of the ongoing protests that began on November 28.
The repressive legislative amendments further increase the uncontrolled discretion of the police forces and the broad/ill-defined grounds for administrative arrests. In particular, it will become possible to detain a person “to promptly present the offender to court and prevent the case from being delayed, to prevent the offender from avoiding participation in administrative proceedings, and to prevent the repeated commission of an administrative offense".
The aforementioned will give police forces the ability to use the repressive mechanism of administrative detention with even greater intensity to persecute participants of gatherings and protests. Among the added grounds for detention, the ability to detain a person for 24 to 48 hours “for the purposes of prevention” is especially alarming. The addition of such broad and ill-defined grounds effectively puts the already uncontrolled practice of illegal administrative detentions beyond the legal order.
Therefore, we believe that this amendment is incompatible with the constitutional standards for human rights protection, among them the rights to liberty and physical integrity.
The legislative amendments have banned covering one’s face with a mask or any other means during a gathering or protest. This prohibition is specified in the Law of Georgia “On Assemblies and Demonstrations” (Article 11.2.a²), while the Code of Administrative Offenses provides for a fine of 2,000 GEL as a penalty (Article 174¹.5).
The legislative provision prohibiting facial coverings fails to meet the standards established by the Constitution of Georgia and international legal acts. In particular, the scope of the ban is unclear. It is unclear covering of which parts of the face will lead to the consideration of a person as the offender. The legislative norms create an opportunity to consider a person an offender even in cases when they cover any parts of their face by any means due to meteorological conditions.
Aside from the lack of clarity, the aforementioned amendment has a blanket nature. The ban on face coverings applies to any type of assembly or demonstration, regardless of whether the assembly/demonstration is peaceful or involves a real threat of violence. The ban applies to any person and there is no examination into the reason for using facial coverings by this or that person. There can be several legitimate grounds for covering one’s face, such as meteorological conditions, medical circumstances, cultural-religious motives, or a form/manner to express peaceful protest.
As such, considering the fact that the norm prohibiting facial coverings applies to any participant of an assembly/demonstration, it is evident that the “Georgian Dream” adopted the amendment solely for identifying and intimidating participants of the protests.
The list of objects that participants of an assembly/demonstration are prohibited from having has been extended in the Law “On Assemblies and Demonstrations”. First, pyrotechnic articles were added to the list of various types of weapons and explosives (Article 11.2.a). The amendments also prohibit possessing any laser or light-emitting devices, the use of which can hinder the activities of representatives of state agencies or the proper functioning of the technical means at their disposal (Article 11.2.a¹).
As for the administrative penalty, possession of pyrotechnics during an assembly/demonstration will result in a fine of 5,000 GEL or administrative detention for up to 15 days for the person considered to be the offender, and if the person is considered to be an organizer, a fine of 15,000 GEL or administrative detention for up to 15 days (Article 174¹.4). Possession of laser or light-emitting devices will result in a fine of 2,000 GEL for a person considered as the offender (Article 174¹.5).
In addition, based on the legislative changes regulating the sale and consumption of pyrotechnics, amendments were made to the Product Safety and Free Movement Code, setting the definitions of pyrotechnic composition and pyrotechnic articles. A pyrotechnic composition is considered to be a non-detonating combustible composition that generates various combustion products into heat, light, and mechanical energy to create special effects (Article 4.3¹). A pyrotechnic article is considered to be a product of pyrotechnic composition intended to create light, sound, smoke, and combined effects during special works, as well as mass, celebratory events (Article 4.3²).
As such, pyrotechnic articles have been defined as a hazardous product and their production, sale, import, and export are subject to licensing/permit rules (Articles of the Law “On Licenses and Permits”: 6.90; 6.91; 24.57; 24.58). The production, sale, import, or export of pyrotechnic products without a license/permit is defined as an administrative offense resulting in a fine of 5,000 GEL (Article 156² of the Administrative Offenses Code of Georgia), while the same action committed in violation of the license/permit requirements will be punished with a fine of 2,000 GEL (Article 156³ of the Administrative Offenses Code of Georgia).
Additionally, as a result of the legislative amendments, the violation of the rules for the realization, purchase, possession, and use of pyrotechnic articles also becomes punishable under administrative law (Article 156⁴ of the Administrative Offenses Code of Georgia). According to the aforementioned article, possession or use of pyrotechnic articles by a set of certain people (said set is not defined) is prohibited. Accordingly, the sale of the product to these persons, as well as its purchase or possession by said persons, carries administrative liability. In addition, the use of pyrotechnic articles in violation of the rules established by law or the same action committed in a public space has become punishable. It should also be noted that changes were made to the Criminal Code - in Article 244, the term “pyrotechnic product” was replaced with “pyrotechnic article”. (Breach of regulations for keeping a record of, storing, transporting, or using explosive, flammable, toxic substances or pyrotechnic articles, as well as their illegal carriage by post or baggage, which results in grave consequences – will come into effect from February 1, 2025).
It is important to note that all legislative amendments related to the circulation and use of pyrotechnics, except for the ban on the possession of pyrotechnic articles at assemblies/demonstrations, will come into effect from April 1, 2025. Possession of pyrotechnics at protests, meanwhile, will become prohibited as soon as the law is published. While in general regulating pyrotechnics may have a legitimate aim, the addition of these amendments to the current repressive package makes it obvious that the goal of the “Georgian Dream” is to intimidate the participants of the protests by creating another repressive mechanism of persecution.
Apart from pyrotechnics, as mentioned previously, the amendments included prohibiting the possession of laser or light-emitting devices at assemblies and demonstrations. In this case as well the goal of the “Georgian Dream” is to restrict the full exercise of the freedom of assembly of the participants of the protest.
Article 173 of the Administrative Offenses Code of Georgia (“disobedience to a lawful request of a police officer) is one of the most frequently abused mechanisms in relation to assemblies and demonstrations. Police forces have been using it for years to unlawfully persecute citizens, in the absence of proper judicial control. It should be noted that the Ministry of Internal Affairs deemed liable almost all of the hundreds of people administratively detained during the ongoing protests for violating the aforementioned Article 173. The package of legislative amendments will make it possible to impose administrative liability under this article on the parent or legal guardian of a minor.
In particular, based on the amendments, Article 172 of this Code (failure of a parent or other legal guardian of a child to fulfill their duties of raising and educating the minor) will be formed with a new edition, adding establishing liability for the parent in cases of disobedience to a lawful request of a police officer by a minor, as well as illegal acquisition and/or use of pyrotechnics in violation of the rules defined by law. As a result, should a minor carry out the aforementioned actions, their parent/legal guardian will face administrative liability.
It should be noted that Article 172 of the Code of Administrative Offenses is inherently problematic, as its enforcement calls into question the constitutional principle of individualization of guilt. However, as a result of the amendments made, the aforementioned article generates a fundamentally different situation considering the established widespread repressive practice of groundlessly imposing liability referring to disobedience to a police officer's request.
As such, it is obvious that the “Georgian Dream” adopted these changes as a way to exert pressure on underage participants of protests by instrumentalizing their parents/legal guardians.
Within the framework of the repressive legislative package adopted in three readings, the scope of administrative penalties in relation to offenses that are already used to prosecute participants of the protest is becoming significantly stricter.
For instance, the Code of Administrative Offenses previously provided for only a fine as a penalty for organized roadblocks or participating in group traffic (when the roadway is fully occupied) through transportation means in a city or other settlement. According to the legislative amendments, in addition to a fine, the person considered an offender will have their driving license suspended for 1 year.
In addition, the amount of fines for vandalism and defacing the territory within a municipality’s administrative boundaries is being increased. For example, while the current edition of the Code provides for a fine of 50 GEL for various types of inscriptions, drawings, and symbols on building facades, shop windows, fences, columns, and trees, the amendments raise this fine to 1,000 GEL.
Additionally, the amount of fines for violating the norms stipulated by the Law of Georgia “On Assemblies and Demonstrations” is being increased. The amount of this fine for offenders is set at 5,000 GEL (instead of 500 GEL), and if the person considered an offender is also an organizer – at 15,000 GEL (instead of 5,000 GEL). In both cases, the current wording and the legislative package also provide for administrative detention for up to 15 days as an alternative penalty.
The developments since November 28 clearly demonstrate that the “Georgian Dream” continues to systematically disregard constitutional principles and aims to suppress both ongoing and any future protest through its “draconian” laws and subsequent repressions.
IDFI considers that the sole goal of the legislative amendments is to intimidate the public – to refrain from expressing opposition to the apparent violation of Georgia’s Constitution and the attempt to isolate the country from the international community.
Human rights have already been de facto repealed for those who fight daily for the freedom and independence of Georgia, yet constant public protests continue. The amendments adopted by the “Georgian Dream” have expanded the normative framework for the repression of Georgian citizens and have once again revealed the authoritarian aspirations of the regime.
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