Filenews 22 March 2025 - by Vasos Vassiliou
A bill imposes an old-style police state in the name of modernizing the law and the freedom that people have to assemble peacefully.
The above "mola", or at least a prescription, applies to legislation under promotion in which it is stated that the freedom of "peaceful assembly" is guaranteed by Article 21 of the Constitution, by Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, by Article 12 of the Charter of Fundamental Rights of the European Union as well as in other international treaties.
According to the promoted legislation, the organizer of a rally or march must send a notice to the Chief of Police in electronic or paper form, at least 7 days before the date on which the rally or parade is scheduled to take place.
In essence, the promoted legislation seeks to transform the organizer of any gathering or parade into an organ of the Police since he is obliged to "comply with its instructions, providing his assistance for the maintenance of order".
More specifically, it is provided that "the organizer of a rally or parade is obliged to ensure its smooth and peaceful conduct, taking all necessary and appropriate measures for this purpose and to constantly cooperate with the local administration authority within the limits of which the rally or parade is taking place or is expected to take place, with the Police and with the Officer in Charge and comply with their instructions, providing his assistance for the maintenance of order and the smooth realization of the gathering or parade".
However, instructions will be received from the Police, not only by the organizers but also by the participants. Specifically, the bill states:
"During the conduct of the rally or parade, the Police, through the Officer in Charge, may give oral or written instructions to the persons participating in the rally or parade or to members of the public and to traffic traffic for the purposes of the smooth conduct of the rally or parade."
The Police, suspecting that any gathering may become unpeaceful, "may order any person in the area of the gathering or parade to remove or remove any object or product or trick that conceals or conceals the identity of such person or alters the characteristics of such person in a way that cannot be identified." In other words, the police can order anyone to remove anything from themselves (not necessarily just a hood) on the grounds that it hides their identity.
Anyone who fails to comply is guilty of an offence and, if convicted, is liable to imprisonment not exceeding two years or to a fine not exceeding €3,000 or both.
The Police must be notified when 20 or more people take part in any gathering/parade.
The organizers will not only inform the Police of their intention to organize a rally or parade, but must briefly explain in their proposal the practical arrangements they will make for the rally or parade.
In the proposal of the organizers to the Police, the following should be mentioned:
(a) The name and contact details of the organizer or its representative
(b) The purpose of the rally or parade
(Y) The start and end time of the rally or parade
(d) The venue and/or itinerary of the rally or parade and how the traffic and operation of enterprises, public services and utilities in the venue or route may be affected
(e) How the rights of third parties may be affected
(f) Whether vehicles, plates, equipment or other objects will be used.
According to the bill submitted by the government, "organizer" means an association, organization, political party, union, guild, natural or legal person or persons who organize a rally or parade.
According to the bill, "parade" means a parade of 20 or more persons in a public place, either on foot or with the use of vehicles or otherwise, with the movement of the participants or part of the participants on a specific route.
According to the provisions of the bill, "fixed concentration" means a concentration whose start, duration and end take place in the same public space.
'Gathering' means a fixed or moving gathering of 20 or more persons in a public place, in particular for the purpose of joint protest, the promotion of opinions, the formulation of requests of any nature or the taking of relevant decisions.
A prerequisite is written notification to the local authority
The bill also provides that "an organizer who intends to organize a gathering or parade peacefully sends a written notice to the local administration authority within the limits of which the gathering or parade is expected to take place and to the Police."
In the case of a spontaneous gathering, the Chief of Police shall appoint a Officer in Charge, who shall invite the participants to appoint an organiser, if the existing circumstances permit it, and may impose restrictions in accordance with Article 8.
According to the bill, the organizer of a rally or parade is obliged to ensure its smooth and peaceful conduct, taking all necessary and appropriate measures for this purpose and to constantly cooperate with the local administration authority within the limits of which the rally or parade is taking place or is expected to take place, with the Police and the Officer in Charge and to comply with their instructions, providing their assistance for the maintenance of order and the smooth realization of the gathering or parade.
The bill states that when we say "public space" (where the events/parades will take place) we mean a street, square, crossing, bridge or other outdoor space, where the public has the right or explicit or implied entry permit, either unconditional or with a payment condition.
