The Organisation for Security and Cooperation in Europe has delivered a scathing assessment of Cyprus’s new assembly and parade legislation, concluding that key provisions are incompatible with European Union standards and international human rights obligations.
The Office for Democratic Institutions and Human Rights (ODIHR) produced a 30-page legal opinion following a complaint by MP Irene Charalambides, who voted against the legislation when it passed through parliament in July with 26 votes in favour from governing coalition parties.
The law, which sparked protests outside parliament and criticism from civil society, grants police sweeping powers to cancel or disperse gatherings deemed “non-peaceful” and imposes strict notification requirements on protest organisers.
30-page legal opinion identifies arbitrary restrictions and excessive penalties
The ODIHR opinion highlights several critical deficiencies in the legislation:
- Excessively broad provisions that permit arbitrary restrictions on assemblies
- Unreasonable obligations on organisers who may be held liable for third-party actions, creating a deterrent effect
- Ambiguities regarding grounds for imposing restrictions or dissolving gatherings
- Absence of judicial review mechanisms for challenged decisions
- Disproportionate penalties, including imprisonment, that could have a chilling effect on democratic participation
“My concerns – as well as those of many other colleagues who voted against – were fully confirmed by the Legal Opinion issued by OSCE experts regarding this bill,” Charalambides stated when releasing the full text publicly.
The MP noted that the legal opinion “provides an assessment of the law’s compliance with international standards and human rights commitments adopted by the OSCE, and Cyprus as a member state has an obligation to comply.”
MP seeks Justice Minister meeting to amend controversial legislation
Charalambides stressed the fundamental importance of peaceful assembly rights, noting they are “enshrined in Cyprus’s Constitution and in international treaties such as the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the EU Charter of Fundamental Rights.”
She argued that states have obligations “to respect, protect and facilitate the exercise of these rights without discrimination.”
The MP announced plans to seek an urgent meeting with the Justice Minister in the coming days, expressing hope for cooperation to amend the law “so that it complies with international standards and fundamental democratic principles.”
Based on ODIHR’s guidelines, Charalambides indicated she will immediately pursue legislative initiatives to address the identified deficiencies. The OSCE office has offered to visit Cyprus as guests of the Parliamentary Human Rights Committee to present and discuss their findings and recommendations directly with lawmakers.
The law was passed in July despite protests and opposition from civil society groups ranging from environmental organisations to LGBTI+ advocates.
The legislation requires protest organisers to notify authorities seven days in advance, grants police broad powers to impose restrictions, and imposes penalties of up to three years imprisonment for violations. Critics argue these provisions effectively criminalise dissent and could legitimise excessive police force during demonstrations.
