Civil Activists Say the Law Abridges the Right to Assembly

Pre-election assemblies under threat

Members of the Georgian Young Lawyers’ Association (GYLA) state the ruling of the Constitutional Court of November 5, 2002 did not remedy shortfalls in legislation that abridge the right to free assembly. GYLA plans to resort to lobbying to improve the situation.

Georgian Constitution of 1995 by its article 25 protects the right to free assembly. While the article foresees the obligation to inform the local authorities of such events, it does not grant these authorities the right to ban the assembly or otherwise abridge the right granted by the constitution.

GYLA experts say the 1997 law on assemblies and manifestation breaches the constitution as in its article 14, the law requires the organizers to inform the local authorities five days in advance of the events, and allows these authorities to ban the action, in case they consider it a threat to the well-being of the citizens or to the national security. It also grants the authorities the right to determine the location of the assembly. In addition, the law limits the right to assembly to the citizens only, while the constitution guarantees it to every individual.

Based on these inconsistencies GYLA appealed to the Constitutional Court in April 2002. The Court ruling of November 5, 2002 left the main clauses of concern unchanged in the law.

“This decision is unfair” says Giorgi Chkheidze of GYLA, “as the constitution of Georgia should be fundamental for reaching any decision [by the Constitutional Court]. In this case the constitution does not state anything about the right of local governmental bodies to determine the places of assembly/manifestation.” Chkheidze also adds the Constitution does not require to inform the state authorities in advance about such assemblies.

GYLA says it would seek change of legislation regarding the right to assembly. Before the law is changed, representatives of GYLA state they will protect right of every victim of this law, and may appeal to the European Court of Human Rights to protect their rights.

CSO seeks support of the political parties, which are also concerned by the regulation, especially on the eve of the parliamentary elections.