Rights at a protest and during dispersal: what to do under Georgian law

What to do

1. Starting point: one may assemble publicly and unarmed without permission (Constitution of Georgia, Art. 21); the authorities may end an assembly only if it has become unlawful (Constitution of Georgia, Art. 21).
2. Restrictions on participants: a participant may not cover their face with a mask or in any other way (Law of Georgia on Assemblies and Manifestations, Art. 11); weapons, explosives and pyrotechnics are prohibited (Law on Assemblies and Manifestations, Art. 11); a road may not be blocked unless the number of participants requires it (Law on Assemblies and Manifestations, Art. 11¹). Sanctions: a covered face or road blocking is punishable by administrative arrest of up to 15 days (up to 20 days for the organiser) (Code of Administrative Offences of Georgia (CAO), Art. 174¹); a fine of 5,000 lari (15,000 lari for the organiser) instead of arrest is available only to those for whom arrest cannot be imposed (CAO, Art. 174¹); remaining at an assembly terminated on the MIA's demand is prohibited (Law on Assemblies and Manifestations, Art. 11), and for weapons, dangerous objects and participation in a terminated assembly the penalty is administrative arrest of up to 60 days (CAO, Art. 174¹).
3. Dispersal: in case of mass violations (weapons, calls to violence), the MIA may demand immediate termination (Law on Assemblies and Manifestations, Art. 13); in case of mass road blocking, the MIA issues a warning, and if the road is not cleared within 15 minutes, the assembly is unlawful (Law on Assemblies and Manifestations, Art. 13). However, leaving within 15 minutes after the warning does NOT avoid liability, which arises from the moment of the violation (Law on Assemblies and Manifestations, Art. 13). After a demand to disperse, leave. A decision to terminate an assembly can be appealed to court, which must review it within three working days at each instance (Law on Assemblies and Manifestations, Art. 13).
4. Force: force may be used only when necessary and in proportion (Law of Georgia on Police, Art. 31); before using force or special means, the police must warn and give reasonable time to comply with a lawful demand (Law on Police, Art. 31); gas and non-lethal weapons may be used against attacks and mass violations (Law on Police, Art. 33); force and special means are prohibited against persons who are visibly pregnant, children, persons with disabilities and elderly persons (Law on Police, Art. 35).
5. Filming: everyone has the right to receive and disseminate information, and the law contains no prohibition on filming (Constitution of Georgia, Art. 17). Film without obstructing anyone; the only punishable act is disobedience to a LAWFUL demand from a police officer (CAO, Art. 173).
6. Detention and complaints: a detained person must be brought before a court no later than 24 hours (CAO, Art. 247); a complaint about a police officer may be lodged with a superior officer, the prosecutor's office or the court (Law on Police, Art. 56).
7. Where to apply: the court; the prosecutor's office for excessive force; the Public Defender; a lawyer, from the moment of detention.
8. Evidence: your own video (the officer's badge, whether a warning was given), a medical certificate, witnesses.
9. Pitfalls: a mask is not a matter of “anonymity” or “just a fine”, it carries arrest; staying after the MIA's demand to end the assembly; arguing with the police instead of filming, which leads to a disobedience report.

Be sure to check

• one may assemble without permission; the authorities may end an assembly only if its character is unlawful
• covering the face at a rally is prohibited and carries administrative arrest of up to 15 days
• dispersal follows an MIA demand (for road blocking, a warning and 15 minutes); participation in a terminated assembly carries arrest of up to 60 days
• force and special means only in proportion and after a warning; prohibited against pregnant women, children, persons with disabilities and elderly persons
• filming the police is not prohibited; on detention: court within 24 hours, a lawyer, a complaint to the prosecutor or the Public Defender