The Public Defender of Georgia has issued a statement regarding the Ministry of Internal Affairs’ warning to protesters that, under a new law, failure to act according to its provisions could render their assembly or demonstration unlawful.
On December 16, the police informed protesters that if a gathering takes place on pedestrian areas and obstructs movement, participants are required to notify the Ministry five days in advance. After submitting such notice, protesters must wait for the Ministry’s response and instructions. If this procedure is not followed, the gathering may be deemed illegal.
“The Public Defender of Georgia considers that, under such vague legal provisions, the Ministry of Internal Affairs should strictly adhere to the principles of necessity and proportionality when intervening in the right to assemble. It is important that the Ministry does not restrict the rights of peaceful assembly participants when any inconvenience to pedestrians, alternative routes, the number of participants, or the form of the gathering does not reach a level of serious harm.
Taking these legal standards into account, it is unclear when a protest on the sidewalk could legitimately justify interference with the right to assemble, especially since assemblies of this kind usually take place over a short period. It should also be noted that broad legal provisions should not be applied in a way that effectively makes the obligation to provide prior notice function as a permit requirement. Doing so would directly contradict Article 21 of the Constitution of Georgia,” the Public Defender’s statement reads.
The statement also references the European Court of Human Rights’ approach, emphasizing that regulations requiring prior notice must not become a covert obstacle to exercising freedom of assembly. Similarly, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Venice Commission’s guidelines on freedom of assembly stress that enforcement of such norms should not be an end in itself. Failure to notify should not automatically render an assembly unlawful, interfere with participants’ rights, or justify dispersal.
The Public Defender underscores that gatherings, by their nature, may cause minor disruptions to everyday life. Such disruptions must be tolerated by authorities unless they result in disproportionate harm to others.