Watchdogs: Repressive Legislative Changes Announced by GD Threaten Fundamental Rights

On February 6, TI-Georgia released a detailed report addressing the GD government’s initiated set of repressive legislative changes, stating that they pose a direct threat to fundamental freedoms, including of assembly and expression. TI-Georgia describes these amendments as “dictatorial regulations” aimed at suppressing ongoing pro-EU protests and instilling fear among the public. The proposed amendments, which TI-Georgia says align with the tactics of autocratic regimes, violate rights enshrined in the Universal Declaration of Human Rights, the European Convention on Human Rights, and Georgia’s Constitution. Another watchdog, Georgian Young Lawyers Association (GYLA) also raised alarms over the GD proposed amendments, calling them a “new repressive legislative package.”

Redefinition of Hooliganism

According to the report, the legislative changes seek to classify public criticism of government officials in public spaces as hooliganism. That amendment, in the belief of TI-Georgia, might apply to social media as well, potentially leading to imprisonment. Proposed penalties include increasing fines from 1,000 GEL [350 USD] to 3,000 GEL [1070 USD] and extending detention periods from 15 days to 20 days. Repeat offenses could result in a maximum fine of 5,000 GEL [1780 USD] and imprisonment of up to 60 days. TI-Georgia claims that the redefinition of hooliganism aims to “restrict and punish expressions of opinion unfavorable to Georgian Dream, including online” where criticism of the GD government “is particularly widespread.”

Criminalizing Criticism of Government Officials

The proposed amendments introduce fines of 6,000 GEL [2130 USD] or up to 60 days in prison for “verbal insults, swearing, or offensive remarks” against government officials “if the criticism is considered insulting and related to the official’s work.” The law also shields from criticism the law enforcement officers, with penalties ranging from 15 to 60 days in prison and an increased fine to 6,000 GEL. TI-Georgia warns that these measures effectively abolish freedom of expression and are designed to shield government officials from public criticism.

Up to 3 Years in Prison for Public Calls for Violence

The amendments propose criminalizing “public calls to violence”, even they it does not result in any harm. Violators could face up to three years in prison. TI-Georgia highlights that similar laws in autocratic regimes have been used to punish protest leaders and intimidate activists and “Georgian Dream is unlikely to be an exception.” This provision will “have a chilling effect on freedom of expression,” the watchdog claims.

Severe Restrictions on Demonstrations

The draft legislation severely limits the locations and methods of protests. Demonstrations in closed spaces or buildings will be prohibited without prior consent from owners. Blocking highways, bridges, tunnels, and transportation hubs will be banned, and “the Ministry of Internal Affairs (MIA) will now decide on reopening roads during protests instead of municipal authorities.” Additionally, pedestrian movement obstruction during protests will be criminalized. The minimum fine for violating assembly and demonstration rules will increase to 2,000 GEL [710 USD], while imprisonment periods will extend to 60 days.

TI-Georgia contends that these restrictions aim to suppress peaceful demonstrations and deter potential protesters. “Now, as protesters increasingly gather in university spaces, the regime’s primary objective is to further restrict locations for assembly.”

Body Searches Without Witnesses

Under current law, individuals can request the presence of two witnesses during a body search. The proposed changes would allow the MIA to determine whether a witness is necessary, raising concerns over potential police abuse. According to TI-Georgia, “these changes make it easier for police to conduct body searches on activists, significantly restricting citizens’ rights” and increasing the risk of police abuse.

Ban on Protest Tents and Stages

If the proposed amendments are enacted by GD Parliament, authorities will now have the power to prohibit temporary protest structures [tents and stages], if they deem them a threat to public safety, a disruption to law enforcement, or unnecessary for the protest. The GD government “seeks to control the form of protests,” the watchdog emphasized.

Broadening the Definition of Protest Organizers

The amendments redefine a protest organizer as not only the initiator but also anyone who leads or facilitates a demonstration. With these amendments, anyone who interacts with a protest or shares information about it could be classified as an organizer and held legally responsible, said TI-Georgia. In addition, if a protest blocks a roadway or disrupts traffic, the organizer must “submit a formal notice to municipal authorities.”

Prior Notification for Spontaneous Protests

The amendments require prior notification for all protests, even those triggered by urgent public events. “The organizers of the protest will be required to notify municipal authorities if the protest takes place on a roadway or disrupts traffic,” the TI-Georgia argued. Spontaneous demonstrations without prior notice will be deemed illegal, which, based on the watchdog, allows authorities greater control over protests and limits civic engagement.

Up to 6 Years in Prison for ‘Threatening Public Officials’

With the proposed changes, threats against political officeholders, state officials, or their families will be punishable by up to three years in prison or six years in aggravated cases. TI-Georgia noted that this provision grants officials greater legal protections than ordinary citizens, reinforcing the repressive nature of the proposed laws. It further argued that such laws “create a chilling effect, fostering fear and serving as a weapon against political opponents and civil activists.”

GYLA assessment

Another CSO, the Georgian Young Lawyers Association (GYLA) also expressed harsh criticism of the proposed amendments calling them “a new repressive legislative package” that aims at restricting the freedom of assembly and expression, “further weakening the guarantees for the protection of human rights.”

The human rights watchdogs criticism comes following the announcement by the GD parliamentary majority leader Mamuka Mdinaradze’s of the proposed amendments on February 3, whereby he alleged that “the attempt to overthrow the government by the agents of the ‘Deep State’ continues” and that the ruling party needs “appropriate levers and means to govern the country” and “serve the citizens.”

Also Read:

• 06/02/2025 – Liveblog: Resistance 2025 | EU’s Commissioner Martha Kos Decries Georgian Legal Amendments, Warns of Threats to Freedoms
• 05/02/2025 – GD Goes Full-Steam Ahead with Repressive Legislative Initiatives Targeting Civil Society and Media

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