On November 24, the Ministry of Internal Affairs warned it would use “appropriate legal measures to prevent illegal actions” if the protesters “exceed the limits of the Law on Assemblies” during the planned protests on the night of November 24-25. President Salome Zurabishvili reacted sarcastically by saying: “They could have just said, ‘We will arrest everyone’.”
The exchange comes as the ruling party officials announced plans to convene the MPs on November 25 to recognize the credentials of the parliament elected on October 26, while the opposition called for the rally to protest. President Zurabishvili has not exercised her constitutional prerogative to convene the new parliament, agreeing with the opposition and civil society claims that the elections were rigged. The election results are challenged in the Constitutional Court. Still, the GD officials have not heeded the voices of several Constitutional lawyers, saying that recognizing the credentials of the MPs before the Court’s ruling would be illegal. MPs elected from the opposition said they won’t attend the inaugural session.
When it comes to protests, the police and the courts are increasingly accused of acting to curtail the freedom of assembly through violence, arbitrary arrests, excessive fines, and overuse of detention for administrative violations. Most protesters understand their warning as a threat to use force, which President Zurabishvili has directly alluded to.
Validating these fears, the MIA pointed out in its statement that the opposition leaders have announced their intention to prevent the GD MPs from entering the Parliament building by “various means” and reminds that “the law directly prohibits the blocking of a facility of strategic or special importance, which is a punishable act under Article 222 of the Criminal Code of Georgia. The Criminal Code provides for imprisonment of up to two years for the perpetrator of this crime, and if the act is committed by a group – imprisonment of up to four years for the members of the group,” reads the statement.
The MIA also reminded the public that the government issued a decree just before the elections, on October 23, adding the parliament and the Georgian government building to the list of strategic and/or special importance facilities. “Accordingly, we warn the participants and organizers of the planned rally not to exceed the limits established by the Law on Assemblies and Demonstrations and to refrain from unlawful actions. Otherwise, the police will take all appropriate legal measures to prevent illegal actions,” the statement concluded.
President Zourabishvili vented her outrage in a Facebook post, saying: “This is another violation of one of the most important constitutional principles – the right to manifest and assemble! What does it matter if they restrict this right by law or decree? This is another proof of Russian-style rule!”
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