Transparency International Georgia says that the laws amended by Georgian Dream have effectively abolished the freedom of assembly guaranteed by the Constitution of Georgia.
According to the organization, the repressive regulations also contradict the fundamental rights protected under the European Convention on Human Rights.
“Since December 2024, Georgian Dream has amended the legislation regulating assemblies and demonstrations four times. Each amendment has introduced increasingly repressive measures aimed, on the one hand, at punishing demonstrators and, on the other hand, at intimidating them preventively.
Over the past two years, criminal proceedings have been initiated against 148 individuals for participating in protest rallies. 66 persons are in pre-trial detention, 54 have already been convicted, and thousands of citizens have been fined 5,000 GEL each.
It is noteworthy that all these repressive amendments were adopted in an expedited manner, without any consultations with opposition parties, civil society representatives, or the academic community.
Below are the main legislative changes that have significantly restricted the ability of Georgian citizens to exercise their right to freedom of assembly and demonstration.
Amendments were introduced to the Code of Administrative Offences and the Law of Georgia on Assemblies and Demonstrations. As a result of these amendments, actions that had never before been subject to penalty were declared administrative offences, the powers of law enforcement authorities were significantly expanded, and fines for existing offences were increased tenfold. In particular, the amendments included the following:
Introduction of the mechanism of “preventive detention” - it became possible to detain a person for the purpose of preventing the repeated commission of an administrative offence, even if the person has not committed a new offence. These amendments grossly violate the fundamental legal principle that a person cannot be punished for an act they have not committed. The Venice Commission strongly criticized the introduction of the preventive detention mechanism. In its opinion, the Commission noted that this mechanism violates fundamental principles of law, since preventive detention is ordinarily envisaged only for serious crimes and not for minor administrative offences.
Tightening of sanctions (increase of fines and administrative imprisonment) - the amendments increased fines by 10 to 20 times. In particular, for partially or fully blocking a traffic lane, a fine of 5,000 GEL was established, or administrative imprisonment of up to 15 days. The “organizer” of such an act faces a fine of 15,000 GEL or imprisonment of up to 20 days. Under the previous regulation, the fine for a participant was 500 GEL, and for an organizer - 5,000 GEL.
If the same act is repeated by a person who has already been sanctioned once, it will result in a fine ranging from 5,000 to 10,000 GEL or administrative imprisonment of up to 25 days; if the offender is an organizer - a fine ranging from 15,000 to 20,000 GEL or administrative imprisonment of up to 60 days.
Sanctions were also tightened for blocking roads in an organized manner using vehicles or for participating in group movement, for which a penalty was introduced in the form of suspension of the driving licence for one year and a fine of 1,000 GEL for the driver. Previously, this act was punishable only by a fine of 1,000 GEL. Under this repressive law, fines for making inscriptions or placing posters on facades increased twentyfold - the minimum fine rose from 50 to 1,000 GEL, and the maximum from 2,000 to 3,500 GEL
Parents may be held liable for minors participating in assemblies and demonstrations: the amendment established that if a minor violates the rules during a protest, his or her parent will be fined. In particular, a fine ranging from 100 to 300 GEL was introduced for a minor’s use of pyrotechnics or disobedience to the lawful demand of a law enforcement officer.
Use of simple protective means during demonstrations is prohibited: covering one’s face with a mask or any other means is punishable by a fine of 2,000 GEL. People usually cover their faces during demonstrations for safety and health protection purposes. In effect, this means that a person is prohibited from protecting themselves in cases when the police use tear gas or choking agents, resulting in increased risks of harm to participants’ health. This amendment has been actively enforced by the “Georgian Dream,” and people have been fined and detained during peaceful protests merely for wearing medical masks or covering their faces with scarves against the cold.
It should be noted that the total prohibition on covering the face was also strongly criticized by the Venice Commission. The Commission emphasized that the ban on masks and other coverings at assemblies represents an unjustified restriction of freedom of expression and the right to peaceful assembly. The Commission noted that covering the face may serve multiple legitimate purposes, including protection from repression, expression of political or religious views, and, most importantly, protection from tear gas and other police measures.
Prohibition on the use of laser and other means of sharp radiation: In this case as well, a fine of 2,000 GEL was established. It is unclear what type of means are referred to here and who determines how “sharp” the radiation is. The Venice Commission criticized this prohibition for being overly vague and for granting excessive discretion to law enforcement authorities. According to the Commission, the provision does not define what constitutes “sharp radiation” or to what extent it may be considered obstructive. It will be difficult for participants of protests to determine what exactly is prohibited. The Commission emphasized that such broadly formulated prohibitions may be applied selectively, undermining legal certainty and disproportionately restricting the freedom of assembly.
Restriction on setting up stages and similar constructions during assemblies and demonstrations:
It has been prohibited, for example, to pitch tents or set up stages if such structures endanger the participants of the assembly or demonstration or other persons, hinder the police in maintaining public order and safety, disrupt the normal functioning of an enterprise, institution, or organization, if the protest is not substantially hindered without such construction, and/or if such construction is unrelated to the holding of the assembly or demonstration.
Prohibition on holding demonstrations in closed spaces or buildings without the prior consent of the owner: It should be noted that the introduction of this amendment was preceded by protests held in educational institutions, and the “Georgian Dream” government decided to regulate this issue as well.
Restriction on holding spontaneous assemblies: In the case of so-called “spontaneous” gatherings, a new obligation to notify the authorities was introduced - if an assembly or demonstration is held unexpectedly and immediately due to an important public event, the organizers are still required to notify the municipality. This rule applies if the assembly takes place on a roadway or hinders traffic movement.
Such regulation in effect completely abolishes the right to hold spontaneous protests lawfully, which contradicts, among others, the established practice of the Constitutional Court of Georgia. The Venice Commission strongly criticized this requirement of the law. According to the Commission’s explanation, spontaneous assemblies should not be subject to restrictive bureaucratic procedures, as they are a characteristic feature of democratic societies and often arise in response to urgent events.
Decision-making authority transferred to the Ministry of Internal Affairs: Instead of the municipality, the decision on reopening the roadway and restoring traffic during an assembly will now be made by the Ministry of Internal Affairs, and creating an obstacle to pedestrian movement by participants of an assembly has also become punishable. Previously, only obstruction of vehicle movement was sanctioned. This refers to any obstacle - for example, the installation of a stage construction may constitute such an obstacle, even though this is an established practice in many countries, including Georgia.
Determining the form of expression is an essential component of freedom of expression. By depriving citizens of this right, the “Georgian Dream” seeks to establish full control over the form of protests and unjustifiably restrict the freedom of assembly and expression.
Verbal insult, abuse, or offensive confrontation toward a political official or public servant has become punishable by a fine of 6,000 GEL or imprisonment for up to 60 days.
For “insulting or abusing” a law enforcement officer, imprisonment has been increased from 15 to 60 days, and the maximum fine from 4,500 to 6,000 GEL. Under the previous law, insult of a police officer was punishable only if it occurred during the performance of official duties. The amendments, however, made any insult or “verbal abuse” directed at a law enforcement officer, which is “related to his or her activities,” punishable.
The penalty for public incitement to violence was also toughened, even in cases where such incitement had no actual consequence. This act has become punishable by imprisonment for up to three years. It should be noted that this offence previously did not entail deprivation of liberty at all. The criminalization of public incitement to violence was first introduced under the rule of the “Georgian Dream” government in 2015, but at that time it was punishable only by a fine or community service.
Despite the aforementioned repressive amendments, the “Georgian Dream” government failed to suppress the wave of protests. Citizens helped each other to pay the increased fines. Many individuals were fined multiple times but refused to pay. Lawyers assisted fined citizens in appealing the penalties, and so many complaints were filed with the Ministry of Internal Affairs that the review periods were extended by several months.
Following this, “Georgian Dream” decided to introduce imprisonment for non-payment of fines as a means to suppress the protests. To prevent the Ministry of Internal Affairs from becoming overloaded, the government also made it possible to file appeals directly with the courts.
On 2 July 2025, “Georgian Dream” introduced the following amendments to the Code of Administrative Offences:
For example, under the previous rule, fines for blocking roads could first be appealed to the Ministry of Internal Affairs and then to the court, and the enforcement of the fine would be suspended throughout this process. Under the amended rule, however, appeals can be filed only with the court.
On 16 October, members of the ruling party “Georgian Dream” supported amendments introducing administrative detention for a first offense and criminal imprisonment for repeat offenses for actions such as covering one’s face during a protest or setting up temporary structures such as tents.
Under the new changes, not only violations of protest regulations but also the failure to comply with any lawful order of a law enforcement officer can now lead to criminal liability and imprisonment.
The amendments stipulate the following:
Fines have been abolished, and participants in demonstrations may now face up to 15 days of administrative detention, while organizers may face up to 20 days, for the following actions:
Repeat offenses will lead to criminal liability, punishable by Up to 1 year of imprisonment; Up to 2 years, if the act is committed repeatedly; Up to 4 years, if committed by an organizer and resulting in serious consequences.
Fines have also been abolished and replaced with up to 60 days of administrative detention for participants who:
Repeat offenses in these cases also result in criminal liability, with imprisonment for: Up to 1 year for a first repeated offense; Up to 2 years if repeated multiple times; Up to 4 years if committed by an organizer causing serious consequences.
If a person disobeys a lawful order of a law enforcement officer three times, they are subject to imprisonment for up to 1 year, or up to 2 years if repeated multiple times. It is notable that this rule applies not only during protests but in any other context as well.
Disobedience to the order or instruction of the following persons is punishable under this rule:
A minor may be held criminally liable and punished by a fine, up to one year of correctional labor, or up to one year of imprisonment if they repeatedly commit any of the following administrative offenses:
Only the following individuals may still be fined instead of detained: Pregnant women; Mothers of children under 12 years old; Persons under 18 years old; Persons with severe or significant disabilities. All others are subject directly to administrative detention or criminal imprisonment.
The procedure for detecting violations recorded on photo or video and for identifying offenders (including via special software) will be determined by an order of the Minister of Internal Affairs”, reads the information.