The October 2025 amendments to Georgia’s Code of Administrative Offences and Criminal Code pose “serious concerns” regarding the country’s compliance with international human rights standards and should be repealed, says a new Opinion published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).
The document underscores that the rights to freedom of peaceful assembly and freedom of expression form “the foundations of a democratic, tolerant and pluralistic society,” and that states have a positive obligation to respect, protect and facilitate these freedoms without discrimination.
ODIHR stresses that any restrictions on peaceful assembly must meet strict international standards — be lawful, pursue a legitimate aim, and be necessary and proportionate. It warns that Georgia’s recent legislative changes fail to meet these criteria and risk undermining democratic participation and open public debate.
Adopted at Speed, Without Public Discussion
Based on the report, the amendments were introduced to Parliament on 8 October 2025, adopted through an accelerated procedure on 16 October, and entered into force the next day without any public consultation.
The opinion notes that the new provisions “introduce much harsher administrative and criminal penalties,” eliminate the possibility of applying less restrictive sanctions, and significantly expand the use of administrative detention — including up to 60 days for certain assembly-related offences. Judges would no longer have discretion to impose milder penalties such as proportionate fines or warnings.
ODIHR points out that this approach contradicts international human rights standards and risks arbitrary deprivation of liberty, in violation of Article 9 of the ICCPR and Article 5 of the ECHR.
Criminal Penalties for Non-Violent Conduct
Under the amended Criminal Code, imprisonment of up to one year — and up to two years for repeated violations — may be imposed for non-violent acts previously classified as administrative offences, including wearing a mask, participating in an assembly deemed “unlawful,” or blocking roadways.
ODIHR warns that such sanctions criminalize conduct protected under international human rights law and effectively make imprisonment “the default response” to peaceful civic activism.
The opinion also highlights that minors could face up to one year in prison for repeated participation in such activities — a measure directly contradicting international standards that require detention of children to be used only as a last resort.
Risk of Arbitrary Enforcement, Chilling Effect
The amendments additionally criminalize “verbal insults” or “offensive actions” against law enforcement or officials, punishable by up to two years’ imprisonment for repeated offences. ODIHR notes that the broad and vague wording invites subjective interpretation and risks targeting legitimate criticism of public officials.
Combined with patterns of detaining protesters, activists, journalists and opposition figures in recent months, ODIHR warns that the cumulative effect of the new legal framework could enable misuse “for purposes beyond those permitted” under the European Convention on Human Rights, potentially engaging Article 18 of the ECHR.
Conclusion: Amendments Should Be Repealed
Overall, ODIHR concludes that the October 2025 amendments are incompatible with Georgia’s obligations under the ICCPR and the ECHR and should be repealed. The organization also reiterates its previous recommendations regarding restrictive amendments adopted in February 2025 and December 2024, which it had likewise found to unduly limit fundamental freedoms.
