Rally-Related Bill Discussed with Second Hearing

Parliament discussed at a session on July 15 with its second reading a package of draft amendments into laws on police, rallies and administrative offenses. The vote will take place on July 16.

Like during the first hearing, parliamentary minority group has again refused to take part in voting in protest against the proposed amendments, which triggered heated debates in the Parliament.

Lawmakers from the Christian-Democratic Movement (CDM) again called on the ruling party not to pass, or in case of approval with second and final third hearings not to enforce the proposal unless the Council of Europe’s advisory body for legal issues, Venice Commission, provided its recommendations. CDM offered to indicate in the amendments they would go into force from January 1, 2010.

Draft amendments into laws on rallies and administrative offences will go into force 15 days after its official publication and amendments to the law on police – immediately after its official publication. But before that the package requires to be passed with its third and final reading.

Lawmakers from the ruling party reiterated that the package will be send to Venice Commission after it is approved by the Parliament. A lawmaker from the ruling party Chiora Taktakishvili said during the debates that the Venice Commission would only be able to provide its recommendations by the end of October and parliamentary majority leader, Petre Tsiskarishvili, told the opposition lawmakers: “Do you want reoccurrence of what has happened this spring?” – a reference to the non-parliamentary opposition’s street protest rallies launched on April 9 which involves blocking of the Rustaveli Avenue outside the Parliament with mocked up prison cells.

“Should this, what is now going on outside the Parliament, continue for a year?” another lawmakers from the ruling party, Koba Khabazi, asked opposition lawmakers.

“It is clear that these measures indicate that the authorities are tightening screws,” MP Giorgi Targamadze, leader of CDM and of parliamentary minority, said.

He said that the amendments, in particular in respect of law on rallies, were in contravention with the constitution.

According to the amendment protesters would only be allowed to block the streets if number of demonstration participants is large enough and holding of a rally requires space on traffic lanes. Public Defender’s Office (PDO) also said that the provision was in contravention with the constitution; PDO said the constitution sets no restrictions on holding rallies on thoroughfares based on number of protesters.

“These amendments are unconstitutional and we will appeal the Parliament’s decision in the Constitutional Court,” MP Giorgi Targamadze, CDM leader, said.

In respect of the amendments to the law on police, legalizing use of less-lethal projectile launchers by the police, has been slightly revised from its initial version, instructing the Interior Minister to issue an order specifying in details circumstances and regulations of use of such weapons. Lawmakers from the parliamentary minority, however, said it would have been better if such specifications were reflected in the law itself.

Increase of prison term for administrative offenses from current 30 to 90 days was again the major source of criticism of the amendments to the law on administrative offenses.