Public Defender Sent Constitutional Suit to the Constitutional Court Of Georgia

Public Defender of Georgia Giorgi Tughushi sent constitutional suit to the Constitutional Court of Georgia. The suit is about constitutionality of the Law of Georgia on Assembly and Manifestation, Law of Georgia on Investigative Department of the Ministry of Finances and about the articles of the Administrative Code of Georgia.

The constitutional suit argues about the norms of the Law of Georgia on Assembly and Manifestation and Law of Georgia on the Investigative Department of the Ministry of Finances which prohibits the authorized people of the corresponding department to participate in the assembly or manifestation.

The suit also argues about the norms which does not allow a single person – both citizen of Georgia and foreigner – to organize the manifestation; which prohibits the demonstration within the 20 meters away from the listed institutions; which prohibits manifestations in the street where cars and people move and which allows only certain amount of people to block the road; which estimates deadline of 5 days to appeal to the local self-governmental body for the permission of the manifestation and thus excludes the possibility to organize manifestation spontaneously.

The public defender thinks that the arguable norms contradict the article 25 and article 24 of the Constitution of Georgia which guarantee the right of assembly and manifestation and freedom of expression; they also contradict the rights and freedoms guaranteed by international pacts and agreements.

It is noteworthy that the second Collegium of the Constitutional Court of Georgia discussed the part of norms envisaged in the suit in its resolution # 180-183 on November 5, 2002. Based on these circumstances and requirements of the Article 211 of the Georgian Organic Law on the Constitutional Court of Georgia, the public defender thinks that the constitutional suit shall be thoroughly discussed by the plenum of the Constitutional Court of Georgia.

The public defender states that restriction does not comply with the restrictions established based on the European Convention of Human Rights and Basic Freedoms and the case law of the European Court of Human Rights; like: envisaged under the law; necessary in the democratic society, the only and proportional means to achieve the goal.

According to the Public Defender’s office, the constitutional suit is based on the Constitution of Georgia and the resolutions of the international documents on human rights; the practice of the Constitutional Court of Georgia, case law of the ECHR and judgments of the Venice Commission.