On November 7, the Public Defender of Georgia submitted a general amicus curiae opinion to the Tbilisi City Court regarding legal standards related to cases of face coverings by protest participants.
The Public Defender’s Office has issued a statement regarding this submission.
According to the statement, cases involving face coverings by protesters are considered under Article 174^prima, Paragraph 10, which addresses instances when participants cover their faces with masks or other means.
The statement notes that this “absolute legislative prohibition” was previously criticized by the Public Defender in the most recent parliamentary report, with a call for its repeal.
“An analysis of the legislation and relevant regulations shows that when considering such cases, the Tbilisi City Court must examine multiple aspects of freedom of assembly, including the rights involved and their limitations. Since similar cases may continue to be brought before the Tbilisi City Court in the future, and current decisions help form relevant judicial practice, the Public Defender decided to submit a general amicus curiae opinion to the Court. This opinion aims to support the establishment of proper legal standards and applies to all cases in which the Court must consider similar factual circumstances,” the statement reads.
The opinion also reviews standards set by the European Court of Human Rights, the UN Human Rights Committee, and the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR).
According to these standards, “it is unacceptable to hold assembly participants responsible for covering their faces when their conduct is peaceful and not intended to conceal identity for committing violent acts or significantly disrupting public order.”
The ruling party in Georgia, Georgian Dream, whose legitimacy is not recognized by part of the population and the opposition, has amended the Law on Assemblies and Demonstrations. The amendments impose up to 15 days of administrative detention for artificially blocking traffic or wearing a mask at a protest for the first offense, and for repeat offenses, criminal liability may apply.