Filenews 13 February 2025 - by Vassos Vasilleiou
A government bill removes the hoods from those who will participate in a rally or parade in an attempt to avoid identification.
Specifically, the bill states that "an offense (punishable by imprisonment or a fine) is provided for in the event that a person, after the notification of a decision to dissolve the gathering or parade, covers or conceals in any way his identity or alters his characteristics in a way that is not recognizable".
At the same time, in specific cases, restrictions may be imposed by the Chief of Police after hearing the views of the local administration authority and the organiser. The restrictions that may be imposed concern, inter alia, the course of the parade or assembly, the time or place of the parade or assembly, 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 the non-obstruction of traffic and access to public services; public utilities or hospitals.
It also specifies the cases in which a parade or assembly may be dispersed, i.e. in cases where it ceases to be peaceful, takes place in violation of the restrictions imposed by the Chief of Police and when there is a risk of bodily harm to any person or damage to public or private property. Furthermore, the procedure to be followed in the event of a winding-up decision is provided for.
In addition, there is an offence (punishable by imprisonment or a fine) if a person incites other persons to use violence or carries out acts of violence himself, with the aim of altering the peaceful character of the parade or assembly.
The explanatory report accompanying the bill refers to "the adoption of a modern legislation regulating the right of assembly and fully compatible with Article 21 of the Constitution and the relevant case-law of the ECtHR".
It is also mentioned that the existing law is written in English and needs substantial revision in order to respond to modern reality, referring to modern institutions and structures.
The same report notes that the proposed bill establishes the legislative framework governing public gatherings and parades and at the same time fully safeguards the constitutionally guaranteed right to peaceful assembly. In particular, this bill provides for the following:
-The definitions of "gathering" are defined, including "spontaneous gathering", "moving gathering" and "fixed gathering", as well as, inter alia, the definitions of "organiser", "public space" and "parade".
-The issue of prior notice for the realization of the parade or gathering is regulated, with reference to its content and the deadline for sending it, as well as the case of spontaneous gathering.
-The obligations of the organizer are regulated. Also, the obligations of the Police are regulated and the appointment of a Responsible Officer, who will be the liaison of the Police with the organizer.
