Podgorica, (MINA) – Council of Europe Human Rights Commissioner Michael O’Flaherty urged on the Montenegrin Parliament MPs not to adopt the draft amendments to the Law on Public Gatherings and Public Events, which, according to him, are incompatible with international human right standards and European Convention on Human Rights.

He voiced his concern over the draft amendments to the Law on Public Gatherings and Public Events, adding that the Parliament should not adopt the amendments that excessively undermines the right to peaceful assembly.

“The proposed blanket prohibition of public gatherings on highways, express roads, main and regional roads and border crossings – if such a gathering would jeopardize traffic safety, prevent the flow of traffic, or hinder or endanger the movement of citizens – is excessive and undermines the essence of the right to assemble peacefully”, said O’Flaherty.

According to him, while the right to freedom of assembly may be subject to certain limitations, the European Court of Human Rights has consistently held that assemblies constitute a legitimate use of public spaces, including streets and roads, and that any restrictions must be necessary in a democratic society and proportionate to the legitimate aim pursued. 

“Blanket bans are unlikely to satisfy these criteria. The specific circumstances of gatherings should instead be considered on a case-by-case basis”, said O’Flaherty.

He added that the Court has clarified that any demonstration in a public place is likely to cause a degree of disruption to the conduct of daily life, including disruption to traffic and that the public authorities should not rely on traffic considerations alone when prohibiting assemblies.

O’Flaherty also voiced his concern over the proposed steep increase in fines for organisers of and participants to unlawful public gatherings. 

“Excessive financial penalties can have a chilling effect on the exercise of the right to freedom of assembly and dissuade individuals from organising or participating in public demonstrations”, said he.

“I encourage the submission of the draft amendments to the Venice Commission for its opinion, with a view to ensuring that any legislative changes align with international and European human rights standards”, O’Flaherty concluded.