“I am following with concern recent developments in Georgia, which represent a significant escalation in the pressure being applied to civil society” said Michael O’Flaherty, Council of Europe Commissioner for Human Rights.

Two weeks ago, at least eight non-governmental organisations (NGOs) working in the field of human rights and democracy – many of them longstanding partners of the Council of Europe and the Commissioner – received court orders, issued by the Tbilisi City Court. These orders compel them to provide a wide range of information, including sensitive personal data, to the Anti-Corruption Bureau (ACB), as part of an inquiry into possible violations of the Foreign Agents Registration Act (GEOFARA), the Law on Grants and other legislation. Specifically, the court orders require the NGOs to hand over grant agreements, financial and activity records, and personal data of beneficiaries, covering the period from 1 January 2024 to 10 June 2025. Reportedly, the requested information is to be submitted within three working days under threat of criminal liability. Following an appeal by the NGOs in question, the Tbilisi Court of Appeals has upheld the court orders without holding a hearing.

“The actions of the Georgian authorities raise a range of serious human rights concerns,” said the Commissioner. “The scope and urgency of these requests are troubling. Requiring organisations to hand over vast amounts of internal documentation, including personal data (names, addresses, ID numbers), puts pressure not only on the organisations, some of which are service providers, but also on their beneficiaries and close partners. It raises compatibility issues with Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for private life, including data protection. Any interference with this right must be clearly justified, necessary, proportionate and non-discriminatory.”

The court orders, and the ACB requests on which they are based, follow the recent entry into force of GEOFARA and amendments to the Law on Grants. These laws require organisations acting on behalf of a foreign principal to register as ‘agents of a foreign principal,’ prohibit NGOs from receiving foreign grants without official approval, and give the ACB broad inspection powers. “When placed within the broader context of attacks and smear campaigns against NGOs and human rights defenders, as noted in the memorandum following my visit to Georgia, the use of these laws further stigmatises and silences human rights defenders and civil society,” the Commissioner stated. “As set out in Article 11 of the ECHR, restrictions on freedom of association must be necessary in a democratic society and proportionate to their legitimate aim. The inability of NGOs to secure a remedy from Georgian courts against the actions of the ACB also raises concerns under Article 13 of the ECHR,” he added.

“Civil society is a cornerstone of any democratic society,” the Commissioner said. “I urge the Georgian authorities to respect their obligations under the ECHR and other human rights instruments, to guarantee the rights to freedom of expression and freedom of association, and to put an end to all forms of harassment and intimidation of human rights defenders and civil society actors.”