Everyone is allowed to stand. Except demonstrators.

For the past few days, a new law passed by the Georgian Dream party has been requiring people arrested for protesting on the sidewalk to appear in court. They are accused of "blocking the sidewalk for pedestrian traffic" —an accusation based solely on the fact that they were standing on the sidewalk (i.e., in the area designated for pedestrians).

These people would most likely have had to spend New Year's Eve, Christmas, and the following days in prison cells, had it not been for the fact that the Interior Ministry could not present sufficient evidence against them. For this reason, all proceedings were postponed.

Under the new law, introduced by the Georgian Dream party and passed by the controversial parliament on December 10th in an expedited procedure, citizens face up to 15 days in jail . This law allows people to be prosecuted simply for standing on the sidewalk and protesting.

The trials at the Tbilisi City Court were scheduled in rapid succession.

(the list is not complete):

📍 N. Zh. – December 25, 1:45 p.m., Judge Manuchar Tsatsua;

📍 MN – December 26, 1:30 p.m., Judge Tornike Kapanadze;

📍 NB – December 26, 2:00 PM, Judge Tornike Kapanadze;

📍 GS – December 26, 1:00 PM, Judge Tornike Kapanadze;

📍 G. Ch. – December 26, 4:00 PM, Judge Zviad Tsekvava;

📍 MT – December 26, 4:00 PM, Judge Nino Enukidze;

📍 LU – December 29, 11:50 a.m., Judge Davit Makaridze;

📍 NL – December 29, 1:45 PM, Judge Manuchar Tsatsua;

📍 SB – December 29, 2:15 p.m., Judge Manuchar Tsatsua.

A closer look reveals that the cases against citizens for standing on the sidewalk have been assigned to the same judges. These are the same judges who were already involved in the so-called "street blocking" cases and, from the authorities' perspective, handled them "successfully." The same judges who fined demonstrators 5,000 Lari simply for participating in protests are now supposed to decide on cases of standing on the sidewalk.

What does the so-called "sidewalk law" entail?

• If a demonstration is to take place on the sidewalk or in an area designated for vehicular traffic, the organizer (the responsible person) is obliged to notify the patrol department of the Ministry of the Interior responsible for the location of the planned demonstration in writing no later than five days before the demonstration is to take place.

• However, written notification from the police does not mean that the Ministry of the Interior approves the demonstration or march. The ministry may issue a warning or suggest an alternative time and/or location to the demonstrators.

• If the police believe that the demonstration violates these rules, they grant a 15-minute grace period to "end the violation." After that, those involved will be held accountable.

• Violation of these regulations will initially result in administrative detention of up to 15 days (up to 20 days in the case of the organizer). A further violation will lead to criminal proceedings.

Ombudsman's assessment

The ombudsman issued a statement on December 17 regarding the law that restricts freedom of expression.

According to the Ombudsman, the new law regulating the holding of demonstrations in the "area designated for passenger traffic" must not be applied by the Ministry of the Interior in a way that effectively amounts to a requirement for permits for demonstrations.

The Ombudsman believes that the Interior Ministry should not restrict demonstrations as long as the resulting disruption to pedestrians "does not reach a sufficiently high level of severity".

It is noteworthy that the requirement for "prior notification" is already stipulated in current law for demonstrations that would disrupt vehicular traffic. The crucial difference, however, lies in the police's view that a demonstration is now only considered legitimate if the Ministry of the Interior has expressly approved it.

But where is Article 21 of the Constitution in this case, which unequivocally states that citizens have the right to protest?

to express this publicly and unarmed without prior authorization ?

This very question has become a point of contention between lawyers and the police: Is notification of the Ministry of the Interior sufficient, or must those involved wait for explicit consent?

What exactly does "partial blockage of traffic space" mean? Does this restrict freedom of expression and thus violate the Georgian constitution?

Photo credit: Netgazeti

To find answers to these questions, we conducted an interview with the protest organizer, lawyer Kakha Tsikarishvili. He has already filed his own petitions with the Constitutional Court regarding the new law proposed by the Georgian Dream party.

Kakha Tsikarishvili explained to Tbilisi24 that his constitutional complaint alleges the violation of two articles. In his view, the so-called "sidewalk law" directly restricts the following articles of the Georgian Constitution:

Article 9: Inviolability of human dignity;

Article 21: Freedom of assembly;

Tiflis24 : Following the legal proceedings for alleged road blockages, the Ministry of the Interior has now also brought cases concerning the "partial blocking of sidewalks" to court. Why do you believe the Georgian Dream party passed the so-called sidewalk law, and what is its legal basis?

Kakha Tsikarishvili: The Georgian Dream has based its law on a philosophy that the sidewalk belongs to everyone—except the demonstrators. Demonstrators are treated like the neighbor's children: they are supposed to ask permission to stand on the sidewalk, and even then, they must stand in such a way that they don't disturb anyone. However, according to international law, it is precisely the opposite. The sidewalk belongs to the demonstrators even more than to everyone else. International human rights law explicitly recognizes that participants in assemblies have the right to cause a disturbance to a certain extent. Society and the state must tolerate a certain intensity and duration of this disturbance. This is precisely why the right to assembly is enshrined in the constitution and takes precedence over many other rights with which, according to the Georgian Dream, it allegedly conflicts.

Tiflis24 : What are the grounds for your constitutional complaints, and why do you consider the "Georgian Dream" law to be unconstitutional?

Kakha Tsikarishvili: This law directly contradicts the letter of the Constitution. It violates Article 9 of the Constitution. There is clear constitutional case law stating that a manifestly disproportionate punishment violates human dignity. Detaining someone for 15 days simply for standing on the sidewalk not only violates freedom of assembly and expression, but also attacks human dignity.

At the same time, the constitution explicitly guarantees everyone the right to assemble publicly and unarmed without prior authorization (Article 21 of the Constitution). However, the new "Georgian Dream" law effectively abolishes this right and replaces it with obligations.

The new law stipulates that prior notification is required for gatherings on sidewalks or traffic areas. This is generally permissible and constitutional. However, the problem begins afterward.

Previously, the constitution understood this notification as a possible one-sided communication between citizen and state. It required nothing further. Even this notification was not a mandatory obligation, but merely a permissible option.

The logic was clear: if a demonstration takes place in a public area, the state should be informed so that it can take protective measures – both to protect the demonstrators and the rights of third parties. The previous law went even further, obligating the state to communicate with the organizers, inform them of their obligations, and submit alternative proposals.

Between February and October 2025, I submitted notifications every month for over nine months regarding planned closures of Rustaveli Avenue. I was never offered an alternative location or route. I was never informed of my obligations. Despite this, numerous people were fined. One week after submitting a notification, I myself was fined. The state has thus violated its own right to assembly and failed to fulfill its legal obligations.

The law of December 10th now also includes the "area designated for public traffic"—that is, the sidewalk. However, the legislator has not defined what this specifically means. Is the square in front of Parliament a sidewalk? Are the meadows above Tbilisi, where shepherds keep their sheep, also considered such an area? The law should have clarified these ambiguities.

Tiflis24 : What other flaws do you see in this law?

Kakha Tsikarishvili: The biggest problem is the introduction of a system of binding orders. While the previous law only allowed recommendations, the new law now prescribes "binding instructions" that specify the time, place, and direction of movement. This effectively creates a regime of prohibition.

The Ministry of the Interior can prohibit assemblies at certain times, in certain places and in certain directions, and at the same time prescribe when, where and how they are to take place.

Since December 11th, I have submitted the relevant notifications and informed the Ministry of the Interior about planned protests in front of Parliament.

Tiflis24 : Nevertheless, people are being summoned to court for protesting on sidewalks between December 11th and 20th. Does this mean your notifications were ignored?

Kakha Tsikarishvili: Yes. The Ministry of the Interior only published its instructions for the period from December 21st to January 9th. I received no response whatsoever for the period from December 11th to 20th.

Tiflis24 : In court, your applications were questioned as evidence. Allegedly, acknowledgments of receipt or formal requirements were missing. What actually happened?

Kakha Tsikarishvili: I submitted the applications on December 11th and went to the police several times afterward. On December 18th, I received official confirmation that all applications were registered and that a 30-day processing period applied. I have SMS confirmations from the Ministry of the Interior. All nine applications have registration numbers. I don't know what other documents are required.

Tiflis24 : Why does the Ministry of the Interior still claim that no notifications were sent?

Kakha Tsikarishvili: That's out of the question. It's a case of internal coordination failure. In court, the Interior Ministry representatives are clinging to every possible excuse. Even on the ground, the police knew nothing about my requests. There's no consistent policy.

Tiflis24 : A high-ranking police official stated that mere notification was insufficient; approval from the Ministry of the Interior was required. Is this a legal requirement?

Kakha Tsikarishvili: No. The law is clear on this point. Only if there is a real danger can the Ministry of the Interior issue binding instructions within three days. Otherwise, it cannot. Either the official doesn't know the law or he is deliberately misinterpreting it.

Tiflis24 : Why do police officers demand things that are not provided for in the law?

Kakha Tsikarishvili: The Georgian Dream party has made a political decision: to end the protests on Rustaveli Avenue at all costs. To this end, a law was created that criminalizes standing on sidewalks. The police were then instructed to intimidate people through arrests. If standing on the sidewalk is grounds for arrest, fewer people will come to the protests. That is the underlying logic.

Tiflis24 : What are your expectations regarding the constitutional complaint?

Kakha Tsikarishvili: I expect the proceedings to be delayed for at least two years. Nevertheless, all legal avenues must be exhausted. We need sound legal opinions that demonstrate why these laws are unconstitutional.

Tiflis24 : Today's proceedings were adjourned due to lack of evidence. What does that show?

Kakha Tsikarishvili: It demonstrates a massive failure of coordination within the Ministry of the Interior regarding the interpretation and application of the law.

Tiflis24 : Why are these cases always assigned to the same judges?

Kakha Tsikarishvili: There is a narrow specialization. These judges are considered particularly loyal. With around 300 judges, the system trusts only a few. Surprises are not desired.

Tiflis24 : Why do judges remain silent despite blatant violations of the constitution?

Kakha Tsikarishvili: Because there's a climate of intimidation in the justice system. Judges who voiced criticism in the past lost their positions. Disciplinary action is used as a means of coercion. Anyone who speaks out today risks their career.

Despite the so-called "sidewalk law," participants in the pro-European protests declare that their resistance will continue. Demonstrations continue to take place every Saturday. On November 27, the 395th day of continuous protest, a march proceeded from Tbilisi State University toward the Parliament building. The central message was: "The future belongs to us."