Filenews 3 May 2024 - by Fanis Makrides
From noticeable restrictions on public gatherings of citizens to a ban on these gatherings, a bill promoted by the Government provides.
The Ministry of Justice and Public Order last Friday officially announced the launch of a public consultation on the bill "The Public Gatherings and Parades Law of 2024".
What is being attempted, as the accompanying communication shows, is to regulate public gatherings of citizens in such a way as not to circumvent the fundamental right of assembly, but at the same time to enable the executive to act preventively with serious bans.
The public consultation is expected to focus on the strict provisions of this bill. It is indicative that Article 8 of this legislation provides for the possibility for the Council of Ministers to issue a decree prohibiting parades or gatherings, if it is considered that the existence of the Republic is threatened and that any restrictive measures provided for cannot guarantee security.
It also provides for the possibility of imposing restrictions in specific cases by the competent Authority or the Minister, as the case may be. As explained in the summary notice for the legislation in question, "the restrictions that may be imposed concern, inter alia, the course of the parade or gathering, the time or place of the parade or gathering, or the occupation of only part of the carriageway or other public open unwalled space, or the prohibition of passage or entry into any public place; or not obstructing movement and access to public services, utilities or hospitals (Article 6 of the bill). There are also offences (punishable only by a fine) in case of non-compliance with the restrictions imposed."
Imprisonment for hood
In addition, there is provision for those who participate in rallies and hide their faces. Under Article 11 of the bill, a person who participates in demonstrations and covers his face in such a way that he cannot be identified will face not only a heavy fine, but will also face imprisonment. The article of the bill under discussion states, and I quote: "A person who participates in the parade or assembly and conceals in any way his face, that is to say, to the point where it cannot be identified, without justification, for which he bears the burden of proof, shall be deemed to conceal it for the purpose of committing an offence and shall be guilty of a misdemeanor and, If convicted, he shall be liable to imprisonment not exceeding two years or to a fine not exceeding €4,000 or to both of these penalties."
The issue of the use of hoods by people who participated in demonstrations has been raised in the recent past in the sphere of public debate. On September 6, last year, the police branch of the "Equality" guild had made a relevant proposal, at the suggestion of the head of the branch of the members of the Force, Nikos Loizides. This was followed in the second half of the same month (21/9) by the submission of a proposal for a Law by DISY. The MP and chairman of the parliamentary committee on Legal Affairs, Nikos Tornaritis, had explained that the draft law "establishes as an offense the participation of a person in a demonstration or assembly with deliberate cover of the person and with the purpose of committing an offense. In particular, the aim of the draft law is to protect and safeguard the right to peaceful assembly guaranteed by Article 21 of the Constitution as well as by Article 12 of the Charter of Fundamental Rights of the EU and Article 11 of the European Convention on Human Rights.
The antidote for protests
As it turns out, the executive seeks with the bill to find the antidote for demonstrations that developed in an episodic way. Besides, memories are fresh of the turn of last year's gatherings in Chloraka (27/8) and Limassol (1/9) on immigration, in a period of six days, which was accompanied by the successive inability of the Police to act preventively, but also to suppress in time the actions of those who attacked persons and engaged in vandalism. It is estimated that since there are court decisions, at national and international level, to guarantee the right to peaceful assembly, many issues will be raised in the consultation. Logically, it is a question of safeguards so that prohibitory measures are not imposed as they see fit. The Ministry of Justice and Public Order invites any interested party to send opinions/comments/observations in this regard no later than 5 June 2024.
