The Public Defender of Georgia, Levan Ioseliani, defended his constitutional challenge against a series of protest-related laws adopted by the ruling Georgian Dream party during his annual report to Parliament.
Responding to a question from a Georgian Dream MP, Ioseliani argued that imposing criminal liability for repeat administrative offenses, such as blocking a road during a protest, is disproportionate and unconstitutional.
“Why is it restrictive? An administrative offense, which in its essence is not of a criminal nature, becomes a criminal offense if repeated,” said the Ombudsman. “It’s the same as if you run a traffic light once, receive a fine and pay it, and then face criminal liability for doing it a second time. That’s why I appealed to the Constitutional Court.”
Ioseliani said he had personally reviewed cases involving fines imposed under the new regulations and had seen instances where individuals were punished despite not violating the law.
“I saw with my own eyes that a person who was simply standing on the sidewalk and not violating anything was imposed this fine,” he said.
The Ombudsman also criticized the size of the administrative penalties introduced under the legislation.
“Within the framework of a peaceful protest, I believe that such regulations are excessively strict, including the 5,000 GEL fine,” he said. “Given the average income of a citizen of Georgia, 5,000 GEL is quite high.”
Over the past two years, Georgian Dream has adopted a number of laws that critics say restrict freedom of expression, protest rights, and the activities of independent media and civil society organizations. Ioseliani believes some of these measures contradict the Constitution and has challenged them before the Constitutional Court.
Recent amendments adopted by the ruling party include a ban on wearing masks and using lasers at protests. Violations can result in administrative detention of up to 15 days, while repeat offenses may lead to criminal prosecution and a prison sentence of up to one year.
The legislation also introduced the same penalties for obstructing traffic on roads and sidewalks during demonstrations.
