The decree of the Government of Georgia, which prohibits movement in cities in accordance with the Law of Georgia on Public Health from 22:00 to 05:00, took effect on November 9, 2020. At the same time, on November 9, a rally is ongoing on Rustaveli Avenue in Tbilisi, where people are protesting against the above restriction and election violations.

The Public Defender pays special attention to public health and the necessity of taking effective legislative and administrative measures in order to protect the right to life and health.

However, we would like to clarify that the Law of Georgia on Public Health allows for the restriction of freedom of movement and not the right to assembly-demonstration. Consequently, using the governmental decree to ban a demonstration and expression would be unconstitutional.

In a democratic society, members of society should have the opportunity to express their views on any restrictions, including to argue, through assembly and demonstration, about the lawfulness, effectiveness and appropriateness of the restrictions imposed for the purpose of protecting public health. It is exactly this type of opportunity that distinguishes a democratic state from an undemocratic one.

In view of the above, the Public Defender calls on the state authorities to respect the freedom of expression of demonstrators and to refrain from sanctioning them for violating the regulations that prohibit movement in cities from 22:00 to 05:00.

At the same time, the Public Defender calls on the demonstrators to keep distance during the assembly and use masks and other protective equipment in order to prevent the spread of the virus.