The Public Defender has submitted a constitutional complaint to the constitutional Court challenging the restrictions defined by Georgia’s Law on “Assemblies and Manifestations,” including the blanket prohibition on covering one’s face with a mask or by any other means.
According to the Public Defender’s Office, in addition to the substantive restrictions related to the rules for holding assemblies and manifestations, the constitutional complaint also challenges provisions of the Administrative Offenses Code concerning penalties, including both mandatory imprisonment and the prescribed fines.
Furthermore, the constitutional complaint disputes the criminal liability under the Criminal Code, which provides for imprisonment for participants, including minors, and organizers if they repeat the same act that is punishable administratively during an assembly or manifestation.
In 2025, the “Georgian Dream” adopted several restrictive norms on assemblies and manifestations. Among them, amendments passed on October 16 stipulate that:
- The first instance of covering one’s face with a mask, possession of tear gas or other harmful substances, blocking a road, or temporarily erecting a structure by a participant in an assembly or manifestation will result in administrative imprisonment of up to 15 days. If the offender is an organizer, administrative imprisonment can last up to 20 days.
- Participation in an assembly or manifestation that is ordered to be dispersed by the Ministry of Internal Affairs will result, even at first instance, in administrative imprisonment of up to 60 days. Similarly, administrative imprisonment of up to 60 days applies to anyone carrying weapons, pyrotechnics, or any object capable of harming others’ life or health. Repetition of such prohibited acts leads to criminal liability for up to 1 year, and the third and any subsequent violation can result in up to 2 years of criminal liability.
- A new article was added to the Criminal Code establishing criminal liability for anyone who insults or disobeys a law enforcement officer for the third time. Such a person may face imprisonment of up to 1 year, and in the case of recidivism, up to 2 years. No other forms of punishment will be applied.
- In addition, Article 347 of the Criminal Code was revised. Any repetition of an act previously punished administratively will now be punishable under criminal law, with imprisonment of up to 1 year.
