The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) has issued an urgent legal opinion sharply criticising Cyprus’s Law 151(I)/2025 on public assemblies and parades, warning that several provisions are incompatible with the Republic’s international human-rights commitments.
ODIHR’s assessment, prepared at the request of MP Eirini Charalambidou, acknowledges the law’s stated aim to regulate procedures and recognise spontaneous gatherings, but finds it “does not sufficiently reflect the state’s positive obligation to protect, respect and facilitate the right of peaceful assembly”. Instead, it says, the text contains “excessively vague formulations” that risk arbitrary or disproportionate restrictions.
Organisers and excessive liability
One of the opinion’s central concerns is the statute’s broad definition of an “organiser”, which treats as such “anyone who leads or organises in any way” a gathering. ODIHR calls this “overly expansive”, cautioning it could impose liability on people with no formal role. It adds that requiring organisers to “ensure order” risks placing undue burdens on private individuals and stresses organisers should not be held responsible for isolated acts by third parties, particularly where such incidents could be used as a pretext to disperse an otherwise peaceful assembly.
The opinion criticises provisions empowering police to restrict or disperse gatherings on grounds such as “public morality”, “constitutional order” or a “possible risk of criminal activity”, calling these terms “overly indeterminate and prone to abuse”. It urges their removal or precise narrowing against strict criteria. Dispersal, it says, must be a measure of last resort, targeted at specific individuals engaged in violence, and carried out in line with the principles of necessity, proportionality and the protection of life.
Penalties that chill participation
ODIHR flags the law’s penalties as particularly troubling. Offences such as failing to comply with a police order to remove a face covering can carry up to two years’ imprisonment and/or fines of up to €5,000. Such sanctions are “disproportionate”, the opinion states, adding that “excessive penalties by themselves constitute a violation of the right to peaceful assembly, as they deter participation and create a chilling effect”. It recommends fully removing custodial sentences and replacing them with milder, proportionate penalties imposed exclusively by a court.
Spontaneous protests and notification rules
The opinion proposes merging “spontaneous” and “urgent” assemblies into a single category to prevent arbitrary interpretation, and stresses that failure to submit prior notification cannot render a protest unlawful. The right of assembly must be protected regardless of size, including for small groups or individuals. Any notification requirement should be strictly limited to essential details such as date, location and route.
Beyond substance, ODIHR criticises the legislative process, noting a lack of meaningful consultation with civil society and affected groups. Laws affecting fundamental rights, it reminds, should be adopted through open and participatory procedures.
Summing up, ODIHR calls on Cyprus to revise key provisions to ensure compliance with the Constitution, the European Convention on Human Rights and the International Covenant on Civil and Political Rights. “The state has an obligation not to discourage but to facilitate peaceful assemblies,” the opinion underscores, warning that the law as it stands poses serious risks to democratic rights.
Political reaction
Eirini Charalambidou, chair of the House Human Rights Committee, who referred the bill to ODIHR for review, said the opinion fully confirms her concerns and those of MPs who voted against the law on 10 July. She argues the statute permits arbitrary restrictions, imposes disproportionate responsibilities and penalties on organisers, and fails to set clear legality, necessity and proportionality criteria. Charalambidou said she will immediately table amendments based on ODIHR’s recommendations and request a meeting with the Justice Minister.
She added that an OSCE legal team stands ready to visit Cyprus to present its findings and assist with changes to align the law with international standards.