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Grounds for Prohibiting the Activities of the Party Conservative Movement and Alt-Info TV Company
17.05.2022
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Human Rights Center (HRC) has published an analytical document: GROUNDS FOR PROHIBING THE ACTIVITIES OF THE PARTY CONSERVATIVE MOVEMENT AND ALT-INFO TV COMPANY
The document provides assessments of the political objectives of the pro-Russian party Conservative Movement and TV Company Alt-Info as well as the issues of unconstitutionality of their activities. The document is based on Georgian and international laws, as well as the decisions and best practices of the courts of European countries and that of the European Court of Human Rights. Further, a comparative-legal analysis is given by bringing relevant judgments of the ECtHR, clearly showing the legal grounds for banning the activities of the party Conservative Movement and TV Company Alt-Info and the legal mechanisms necessary for such a ban.
According to the assessments by HRC, the party Conservative Movement is marked by violent acts and violence-inciting hate speech and threats, further, they support the inclusion of Georgia into Russian "security and economic systems", and "legalization" of the military bases of Russia the occupant country in Georgia threatening the integration of the country into the European and Euro-Atlantic structures. Taking into account the abovementioned, some grounds may be available to restrict the political rights of the party, including the dissolution.
Moreover, violent propaganda spreading TV company Alt-Info which openly propagates war, and disseminates the statements resulting in hate speech and social confrontation, must be banned from broadcasting and for this purpose, the authorities must make all relevant steps.
Analysis of national and international law, as well as the practice of the European Court of Human Rights, shows that certain restrictions on political rights are required in a democratic society. According to the theory of Militant Democracy, a democratic state must be able to take injunctive measures against the political movement when it refers to undemocratic means (violence) and pursues anti-democratic objectives.
Although, on the one hand, the Constitution of Georgia guarantees freedom of expression and the specific form of its institutional fulfillment i.e. the creation of a political union, at the same time, the Constitution of Georgia allows for the prohibition of a political party that infringes and threatens the sovereignty of the State, the fundamental values enshrined by the Constitution and the foundations on which the Constitution of Georgia is based.
The document provides assessments of the political objectives of the pro-Russian party Conservative Movement and TV Company Alt-Info as well as the issues of unconstitutionality of their activities. The document is based on Georgian and international laws, as well as the decisions and best practices of the courts of European countries and that of the European Court of Human Rights. Further, a comparative-legal analysis is given by bringing relevant judgments of the ECtHR, clearly showing the legal grounds for banning the activities of the party Conservative Movement and TV Company Alt-Info and the legal mechanisms necessary for such a ban.
According to the assessments by HRC, the party Conservative Movement is marked by violent acts and violence-inciting hate speech and threats, further, they support the inclusion of Georgia into Russian "security and economic systems", and "legalization" of the military bases of Russia the occupant country in Georgia threatening the integration of the country into the European and Euro-Atlantic structures. Taking into account the abovementioned, some grounds may be available to restrict the political rights of the party, including the dissolution.
Moreover, violent propaganda spreading TV company Alt-Info which openly propagates war, and disseminates the statements resulting in hate speech and social confrontation, must be banned from broadcasting and for this purpose, the authorities must make all relevant steps.
Analysis of national and international law, as well as the practice of the European Court of Human Rights, shows that certain restrictions on political rights are required in a democratic society. According to the theory of Militant Democracy, a democratic state must be able to take injunctive measures against the political movement when it refers to undemocratic means (violence) and pursues anti-democratic objectives.
Although, on the one hand, the Constitution of Georgia guarantees freedom of expression and the specific form of its institutional fulfillment i.e. the creation of a political union, at the same time, the Constitution of Georgia allows for the prohibition of a political party that infringes and threatens the sovereignty of the State, the fundamental values enshrined by the Constitution and the foundations on which the Constitution of Georgia is based.
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