Date of article: 24/01/2025
Daily News of: 27/01/2025
Country: 
EUROPE
Author: Commissioner for Human Rights - CoE
The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, visited Georgia from 21 to 23 January 2025. He expresses his gratitude to the Georgian authorities for their cooperation and for the open discussions. During the visit he engaged extensively with authorities and civil society. He commends the resilience of civil society and human rights defenders who work under increasingly challenging conditions.
The Commissioner calls for measures to address serious human rights shortcomings.
Commissioner O’Flaherty expresses concern over the lack of accountability for allegations of unlawful arrests and excessive use of force by law enforcement and unidentified masked individuals ("titushkis") in the context of public demonstrations in April 2024 and since 28 November 2024. In this regard he observes that criminal prosecutions against protesters have advanced, but that despite numerous credible reports of ill-treatment, no law enforcement officers have been prosecuted, including in relation to the Spring 2024 protests. Furthermore, the Commissioner draws attention to his earlier recommendation that all law enforcement officers display proper identification to facilitate the prosecution and sanctioning of perpetrators of abuse in line with international good practice.
While acknowledging the increased restraint by law enforcement during the continuation of protests in the latter half of December, the Commissioner expresses concern about new restrictions on protest, including certain amendments to the law ‘On Assemblies and Manifestations’ and the Administrative Offences Code. These restrictions include a blanket ban on face coverings by protesters, expanded grounds for administrative arrest, search and seizure, and harsher fines for publicprotest related administrative offences. He further expresses concern at the quasi-immediate application of these new provisions. “It is critical to ensure that the right to freedom of peaceful assembly is not undermined by administrative or legislative measures,” the Commissioner stated. He notes changes to the Law on Public Service weakening public servants’ protection against dismissal. “I regret that these human rights sensitive laws were adopted in a hurried way, with no meaningful consultation process”.
In his meetings with the authorities, the Commissioner raised the case of Mzia Amaghlobeli, a well-known journalist, whom he visited in prison. Ms Amaghlobeli has been on hunger strike since her arrest on 12 January 2025 for allegedly assaulting a police officer. “Without prejudice to any future decision on the merits of the charges against her, I believe that the continuation of her pre-trial detention is unjustified and I am very concerned about her situation”, the Commissioner said.
The Commissioner expresses his concern about the shrinking space for civil society organisations through a combination of rampant disinformation and stigmatising legislation. “In my discussions with the authorities I pointed out my publicly expressed position about the human rights implications of the law ‘on transparency of foreign influence’ and the fact that it should not have been adopted in the current form”. Under the law, NGOs and media organisations receiving more than 20% of their funding from abroad are required to register as ‘organisations pursuing the interests of a foreign power,’ even if there is no evidence that they act as such. “Although the authorities have not yet fined anyone for failing to register, the existence of an automatic, unevidenced and irrebuttable presumption represents an unnecessary and disproportionate restriction on the right of freedom of association,” the Commissioner added.
The Commissioner expresses grave concern regarding the recently adopted law ‘on protecting family values and minors’, which he considers to be incompatible with human rights standards and has previously described as both discriminatory and stigmatising. Among other things, the law prohibits positive references to LGBTI people in literature, film, and media, as well as in schools and at public gatherings. It also bans legal gender recognition, outlawing the change of sex/gender markers in a person’s identification and other state-issued documents, and imposes up to four years’ imprisonment for health professionals providing trans-specific healthcare. “While implementation of the law has not yet begun, its impact is reportedly already felt on the ground, with more limited access to health and other basic services for LGBTI people, increased fear of becoming victims of hate crimes and the exacerbation of stigma faced by LGBTI people,” stated Commissioner O’Flaherty.
The Commissioner observes that the combination of these legislative measures, the failure to ensure prompt accountability for human rights violations and a strong perception in civil society of their inability to obtain justice through the Georgian courts, effectively negates their human rights. He urges the authorities to approach any reforms with careful consideration of the cumulative impact of the body of laws and in full respect of international human rights standards.
During his visit, the Commissioner met with the Deputy Minister of Foreign Affairs, Lasha Darsalia; the Deputy Minister of Internal Affairs, Aleksandre Darakhvelidze; the Deputy Ministers of Justice, Beka Dzamashvili and Niko Tatulashvili; the Head of the Special Investigation Service, Koka Katsitadze; the First Deputy Prosecutor General, Giorgi Badashvili; and the Public Defender of Georgia, Levan Ioseliani.
This visit marks a continued commitment by the Commissioner to engage with member states and promote the highest standards of human rights protection. He looks forward to an ongoing, open dialogue with the Georgian authorities.
