Peaceful protests have continued across several regions for the 12th consecutive day in response to Georgian Dream's suspension of the European integration process and the entrenchment of consolidated authoritarianism. In reaction to the protests, the government has employed excessive police force and introduced new methods of intimidation against citizens. 

In recent days, representatives of “Georgian Dream” have proposed legislative amendments that further restrict the freedom of assembly and expression for protest participants. 

The Social Justice Center has further assessed patterns of human rights violations related to the protests on December 9-10:

Repressive legislative changes initiated by the government

• Prohibition of the use of masks by participants in the assembly

In recent days, Irakli Kobakhidze officially announced the initiation of legislative amendments aimed at preventing violence during protests. He stated that the parliament intends to pass a law prohibiting participants in gatherings, including “counter-rallies,” from covering their faces using various means. According to Kobakhidze, “many individuals are wearing masks, which hinders the Ministry of Internal Affairs from identifying protesters.”[1]

Similar legislation enforced in various countries has been criticized by numerous international human rights organizations as failing to comply with international law.[2]

According to the international human rights organization Amnesty International, the use of face coverings by demonstrators serves various legitimate purposes. Primarily, masks provide protection against tear gas and act as a means of symbolic protest. Therefore, it is unacceptable to interpret the use of face coverings as inherently violent behavior or as an indication of intent to engage in violence.[3]

Amnesty International further asserts that imposing a blanket ban on face coverings for protest participants is both disproportionate and discriminatory. Such a restriction disregards the specific circumstances of each gathering and imposes a non-individualized limitation on demonstrators’ rights to privacy, freedom of expression, and freedom of assembly.[4]

• Ban on Pyrotechnics

Additionally, on December 9, the government announced bans on the import and sale of pyrotechnics, which the one-party parliament will fast-track for approval this week.

The draft law introduces administrative fines for violating the new regulations on the import and sale of pyrotechnics. Three new articles will be added to the Code of Administrative Offenses, imposing liability for importing, exporting, producing, and/or selling pyrotechnic products in Georgia.[5]

Furthermore, violations related to the registration, storage, transportation, or use of explosive, flammable, combustible substances, or pyrotechnic products, as well as their illegal transmission by mail or baggage, resulting in “serious consequences,” will be punishable under criminal law by a fine, house arrest, or imprisonment for a term of two to five years.[6]

Notably, in 2023, opposition representatives introduced a draft law aimed at regulating pyrotechnics.[7] However, Georgian Dream, ostensibly prioritizing business interests, dismissed the proposal and deemed a ban on pyrotechnics unnecessary. Given the authorities' previous stance that pyrotechnics did not pose a threat to public health and safety, their abrupt shift toward enforcing such a ban is widely interpreted as a deliberate effort to suppress peaceful protests.

• Amendment to the Law on Public Service-Streamlining of the "Reorganization" Process

It is alarming that, following the protests, the government is introducing legislation aimed at restructuring the public sector, framing the process as “getting healthy again.”

Georgian Dream has announced amendments to the Georgian Law on Public Service stating that “reorganization process in the public sector will be simplified.” According to Mamuka Mdinaradze, “this decision will ensure that the public sector gets healthy again.”[8]

It should be noted that, in the wake of the ongoing protests, hundreds of public servants have publicly dissociated themselves from the “decision to suspend Georgia’s EU membership process until 2028 and the underlying reasons behind it.” Statements of dissent have been issued by diplomats, as well as employees from the Ministry of Defense, Ministry of Education, National Bank, and other public sector institutions. This development raises concerns that the government may leverage the simplified reorganization procedure as a mechanism for politically motivated personnel dismissals.

It is evident that, in this context, reorganization serves as a mechanism to silence critical public servants and reinforce government control, raising concerns about the potential establishment of a politically loyal public sector in the future.

We remind you that the legislation regulating the  public service in Georgia is founded on the principles of political neutrality and impartiality. Public servants are accountable not to any political party, but to the Constitution of Georgia and the public interest of the country.

The Public servants who signed the statement acted within the framework of their constitutional right to freedom of expression. Furthermore, their adherence to the spirit of Article 78 of the Constitution not only reflects the exercise of their freedom of expression but also demonstrates their loyalty to the civil servant's oath they have taken.

Accordingly, the political expression of pubcic servants, which is fully protected under the right to freedom of expression, cannot justify their mass dismissal, whether through simplified "reorganization" or any other means. Georgian legislation explicitly prohibits discrimination based on political opinion and, even more so, dismissal from public service on such grounds.

• Simplified Recruitment Procedure for Police Officers

The Georgian Parliament is poised to adopt a legislative amendment to the Law on Police that would modify current rules for police employment, granting the minister the authority to appoint personnel without a competitive selection process.

Under the proposed changes, the minister would issue an executive order detailing the conditions and procedures for such non-competitive recruitment. While this new provision would not entirely supplant the existing standard selection methods, it would apply in exceptional circumstance.[9]

The trend of unwarranted administrative detentions and politically motivated criminal prosecutions

According to reports, Mamuka Jorbenadze, a professor and dean at the Batumi University of Arts, has been arrested along with four students. The investigation accuses them of participating in group violence. However, Jorbenadze’s lawyer asserts that the arrests were politically motivated. Jorbenadze is an active participant in the ongoing protest rallies in Batumi, and he played a key role in organizing a strike at the university.[10]

Additionally, on December 10, two individuals were placed under administrative detention after hanging flags on a Christmas tree . A lawyer who visited the detainees in the temporary detention center reported that they had sustained injuries. Hanging a flag on a structure is a symbolic form of protest and is fully protected as freedom of expression, as it does not disrupt public order or threaten the peace of citizens to an extent that would justify interfering with an individual’s constitutional rights to freedom of assembly and expression. Even more concerning is the use of physical force by law enforcement officers during these detentions, a practice that has become increasingly common in recent days.

In addition, reports have emerged of a person being forcibly taken from a car. Konstantine (Kote) Chakhunashvili, a member of the Geuti movement, was arrested inside his vehicle before arriving at a protest rally, allegedly for “disobeying a lawful order” from the police. The previous day, officers had summoned Chakhunashvili for voluntary questioning in a criminal case. Since attendance at such questioning is not mandatory and declining is within one’s legal rights, it should not have served as grounds for his arrest. His forcible removal appears to be an act of political retaliation, presumably intended to punish him for expressing anti-government views.

In addition, according to reports, on December 10 at dawn, masked police officers conducted mass checks of citizens returning home from the protest. These actions resulted in the detention of more than five individuals near the Rustaveli Metro and in the Vake area.

According to the Ministry of Internal Affairs, since November 28, more than 409 individuals have been detained at the protests. Of these, 35 have been arrested under criminal charges, and 374 under administrative measures. Additionally, the Public Defender regularly monitors the conditions of detainees. According to the Public Defender, 69.81% of those examined in temporary detention centers and clinics report ill-treatment, and 48.74% exhibit visible injuries.

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