The Public Defender of Georgia addressed the Ministry of Internal Affairs with a general proposal on substantiation of decisions taken relating to the restriction of freedom of assembly.

According to the Law of Georgia on Assemblies and Demonstrations, the Ministry of Internal Affairs of Georgia has been granted the authority to consider the specific place and/or time of the assemblies/demonstrations, the manner of holding them, the expediency of arranging temporary structures related to them, and to issue mandatory instructions. Failure to comply with the aforementioned mandatory instructions results in the imposition of liability measures established by legislation. Thus, the Ministry has been granted the discretionary authority to issue mandatory instructions related to holding assemblies/demonstrations.

Within the scope of the cases studied by the Public Defender’s Office (including the rallies of persons with Duchenne muscular dystrophy, their parents and supporters), it was revealed that the Ministry had issued oral and written instructions regarding the change of time and/or place or form of the assembly/demonstration, as well as the arrangement of temporary structures. It is noteworthy that when issuing mandatory instructions/implementing related actions, cases of unjustified interference with freedom of assembly were identified.

In view of the above, the Public Defender addressed the Minister of Internal Affairs with a general proposal:

- When issuing mandatory instructions on changing the time and/or place or manner of holding an assembly or demonstration, as well as on the arrangement of temporary structures, provide a detailed justification regarding the circumstances that made it necessary to impose restrictions, as well as indicate which specific benefits are served by the restriction and why the benefit protected by the restriction outweighs the interest in exercising freedom of assembly;

- Additionally, in the event of the participation of persons with disabilities, including children with disabilities, in an assembly or demonstration, when issuing mandatory instructions, take into account the standards established by the UN Convention on the Rights of Persons with Disabilities, the Convention on the Rights of the Child, and national legislation, including the principles of consideration of individual needs, reasonable accommodation, and the best interests of the child.