The Parliament deliberated on the Draft Law on Assemblies and Demonstrations for the First reading and expedited procedure and adopted it with 79 votes against 9.

The Draft establishes the obligation of the preliminary warning of a respective body of the state authorities in the event that the assembly or demonstration is being held on the pedestrian lane.

If the assembly or demonstration infringes upon the rights of others, hinders the proper functioning of enterprises or institutions, or affects public safety, the respective state agency is entitled to make a decision and propose an alternative time or place where the assembly or manifestation may be held. The failure to adhere to the instructions shall be subject to liability.

Besides, the amendments regulate the issues relating to the termination of the assembly or demonstration. As the reporter, the Chair of the Legal Affairs Committee, Archil Gorduladze elucidated, the organizer of a spontaneous or non-spontaneous assembly or manifestation will now be required to notify the Ministry of Internal Affairs.

“The authorities shall maintain a balance between the exercise of the right guaranteed by Article 21 of the Constitution and other human rights”, - he stated.

The Draft regulates certain issues, namely, unlike the applicable norms, the individuals willing to organize the assembly or demonstration shall appeal to the Interior Ministry instead of the municipality. As elucidated, the Law may establish the mandatory preliminary warning under Article 21 of the Constitution, if the assembly or demonstration is held on the pedestrian lane.

“The law regulates the transport traffic area exclusively. We fulfil the constitutional requirement and subject pedestrian zones to the same regulations. If individuals obstruct the road upon the law’s enactment, the Ministry of Internal Affairs will be authorized to redirect rally participants to an alternative location, time or route for the realization of their rights of assembly and demonstration”, - said Archil Gorduladze.

As per his information, if individuals do not accept the Ministry’s proposal and nonetheless gather at the location where they were advised not to assemble, they will face liability - up to 15 days of administrative detention, and in case of repetition, imprisonment for up to one year under criminal law. According to the amendment, if the participants of the assembly or demonstration artificially block the road, they will be considered violators from the moment they step onto the road.

“The applicable legal norms also stipulate a 15-minute warning obligation. If the assembly or demonstration is not halted within this time, the entire assembly will be deemed unlawful. The amendments specify that individuals entering the roadway will be liable for obstructing traffic. At the same time, if the participants of the assembly/demonstration block the road en masse or obstruct the pedestrians, a 15-minute time limit shall be given for the elimination of the violation. The failure to adhere to the warning shall be deemed as unlawful assembly and the remedies envisaged under the legislation and international practice shall be applied”.

The Draft Law ensures the balance between the freedom of expression and human rights.