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A. Draft resolution
(open)
Report | Doc. 16153 | 08 April 2025
The situation in Georgia and follow up to Resolution 2585 (2025) “Challenge, on substantive grounds, of the still unratified credentials of the parliamentary delegation of Georgia”
Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
A. Draft resolution 
(open)1. The Parliamentary Assembly
recalls its Resolution
2585 (2025) “Challenge, on substantive grounds, of the still unratified
credentials of the parliamentary delegation of Georgia” in which
it expressed its serious concerns about the rapid democratic backsliding
and deep social crisis in Georgia that raise questions about the
willingness of the country to abide by its membership obligations
and accession commitments to the Council of Europe. In that context,
the Assembly also takes note of the report by the Council of Europe Commissioner
for Human Rights following his visit to the country, the exchange
of views in the Committee of Ministers on the situation in the Georgia
with the participation of, inter alia,
the European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment (CPT) and the European Commission
for Democracy through Law (the “Venice Commission”), as well as
the report adopted by the Congress of Local and Regional Authorities
of the Council of Europe during its March 2025 session on “The situation
of local and regional democracy in Georgia”.
2. The Assembly deeply regrets that, despite the Assembly’s decision
to ratify the credentials of the Georgian delegation, all its members
resigned from the delegation, thus rejecting dialogue, as a result
of which there is currently no Georgian delegation in the Assembly.
In the view of the Assembly, the participation in its work and its
monitoring procedures of a delegation whose credentials were ratified,
is not an option, but an obligation.
3. In its Resolution
2585 (2025), the Assembly identified a number of key areas in which
it expected marked and tangible progress when assessing the situation
in the country and reconsidering the credentials of the Georgian
delegation at its April 2025 part-session. It regrets that these
urgent recommendations have not been addressed to date and the situation
in the country has continued to deteriorate.
4. With regard to its call upon the authorities to immediately
initiate an inclusive process involving all stakeholders and social
actors, including the ruling majority, opposition and civil society,
to urgently address the deficiencies and shortcomings noted during
the recent parliamentary elections and to create an electoral environment
that is conducive to new, genuinely democratic, parliamentary elections
to be announced during the coming months, the Assembly regrets that
no such steps have been taken. In that respect the Assembly, in
particular:
4.1. regrets the recent
adoption of the amendments to the Electoral Code pertaining to local
elections, which, according to the Venice Commission, may result
in the further entrenchment of the ruling party's position, do not
contribute to the promotion of political pluralism and undermine
the principle of equal suffrage. In line with this opinion, the
Assembly urges the authorities to repeal these amendments and to
ensure that the delimitation of electoral districts is carried out
by an impartial and independent authority on the basis of clear
legal criteria and in consultation with the relevant stakeholders;
4.2. is concerned about recent changes to the rules of procedure
of the Georgian Parliament, which lower the majority required for
the appointment of members of the Central Election Commission and remove
the legal requirement for civil society organisations to be consulted
in the appointment process, thus further undermining the independence
of the electoral administration;
4.3. takes note of the resolution adopted on 26 March 2025
by the Congress of Local and Regional Authorities of the Council
of Europe that concludes that the many shortcomings and challenges
affecting respect for democracy, the rule of law and human rights
are not conducive to holding the 2025 local elections in a trust-based
environment and, in fact, risk exacerbating the situation. The Assembly reiterated
its call to the Georgian authorities to restore the conditions for
genuinely democratic elections without further delay.
5. The Assembly is concerned that arrests and the abuse of legal
processes to retaliate against protesters, journalists and civic
leaders continue unabated. It notes that pretrial detention continues
to be renewed by the courts on seemingly questionable legal grounds,
underlining the continuation of concerns already expressed in previous
resolutions. In this context, it is concerned about the criminal
investigations launched against and the freezing of, the assets
of several Georgian solidarity funds, which covered the costs of
legal aid, fines and loss of income for those arrested or dismissed
in connection with the demonstrations. The Assembly reiterates its
call for all detained protesters to be released without delay and
recommends that the CPT visit their places of detention.
6. While welcoming the decrease in reports of police brutality
during the demonstrations, the Assembly remains concerned that these
violations have not been effectively investigated to date, leading
to a climate of impunity. In this context, it is deeply concerned
by reports from Georgian human rights organisations that a large
proportion of those detained in connection with the demonstrations
were subjected to torture and ill-treatment during arrest and in
detention. It calls on the authorities to fully investigate all
such reports in a transparent and effective manner. The Assembly
condemns the degrading treatment of opposition leader Elene Khoshtaria
who was forcibly stripped naked by police officers in a temporary
detention center, following her arrest at a demonstration.
7. Challenges to freedom of assembly and expression continue.
The Assembly expresses its concern about the recently adopted amendments
to the Law on Administrative Offences, which have a negative impact on
the rights to freedom of assembly and freedom of expression. The
Assembly notes that the Venice Commission, in its urgent opinion
on these amendments, which was requested by the President of the Assembly,
considers that these amendments were adopted in an overly hasty
manner, without the participation of relevant stakeholders, and
are likely to have a chilling effect on the exercise of freedom
of assembly and freedom of expression. The Assembly urges the authorities
to repeal these amendments and reiterates its call to the authorities
to adopt a completely new Law on Administrative Offences that is
fully in line with European human rights and rule of law standards
8. Regrettably, the media environment has continued to deteriorate.
The Assembly notes that according to the 2024 World Press Freedom
Index, Georgia has dropped from 77th to 103rd place, while the Europe
Press Freedom Report highlighted the rapid deterioration of media
freedoms amid growing authoritarianism. In this context, the Assembly
is concerned about amendments to the media legislation that prohibit
media outlets, including online media, from receiving direct or
indirect foreign funding (except for commercial advertising, product
placement and similar activities) and that significantly increase
the content regulation powers of the Georgian National Communications
Commission, whose independence and impartiality are widely questioned.
9. The Assembly notes with concern the continuing reports of
intimidation and retaliation, including a large number of dismissals,
against civil servants critical of the authorities' response to
the social crisis in the country. It deplores the recent adoption
of legislation reducing the employment protection of civil servants
and the repeated refusal by the Public Registry to register the
“Independent Trade Union of Civil Servants”, which was founded last
year.
10. The Assembly welcomes the adoption by the Committee of Ministers
of the Council of Europe of the interim resolution on the execution
of the judgments of the European Court of Human Rights in the case
of Identoba and Others v. Georgia,
calling on the Georgian authorities to repeal the Law on Protecting
Family Values and Minors, which runs counter to Georgia’s obligations
under the European Convention on Human Rights (ETS No. 5). The Assembly
reiterates it position that this law should be repealed without
further delay.
11. The Assembly is deeply concerned by the adoption by the Georgian
Parliament of the Foreign Agent Registration Act. This act, which
serves the same objectives as the controversial Law on Transparency
of Foreign Influence, introduces criminal liability for non-compliance
and will have a devastating impact on civil society in Georgia.
The Assembly calls on the Georgian authorities to fully address
the concerns and recommendations of the Venice Commission in its
forthcoming opinion on this law. The Assembly is also concerned
about the adoption of legislation that abolishes the mandatory participation
and consultation of civil society organisations in the law-making
process and in the appointment of key State positions, including members
of the Central Election Commission, the Prosecutor's Council and
non-judicial members of the High Council of Judges. The Assembly
considers that the participation of civil society organisations
and other stakeholders is essential for the social acceptance of
legislation, especially in the context of a de
facto single-party parliament, and urges the Georgian
Parliament to repeal this legislation.
12. The Assembly deplores the decision of the ruling majority
to set up a parliamentary inquiry commission, with far reaching
powers, into the “[United National Movement (UNM)] regime’s and its political representatives’ activities
in 2003-2012”, later extended to include the period from
2013 to present. It is concerned that criminal charges have been
brought against former UNM members, as well as other personalities,
who have declined to appear before this commission. The Assembly
is in this context especially deeply concerned about the stated intention
by the ruling party to ban the “collective UNM” and the introduction
of legislation that prohibits any successor or related parties.
The effective prohibition of democratic opposition in Georgia would
be a gross violation of Georgia’s membership obligations under the
statute of the Council of Europe. Even if not yet enacted, the threat
of such action alone already deepens the political schism in the
country and prevents the resolution of the ongoing crisis.
13. The Assembly notes that there is currently no Georgian delegation
to the Assembly. Reiterating the conditions set out in Resolution 2585 (2025), the Assembly considers that the lack of progress in
addressing the recommendations and concerns of the Assembly, as
set out in Resolution
2585 (2025) and Resolution 2561
(2024) “Challenges to democracy in Georgia” and the continuing
democratic backsliding in Georgia in general, would not be conducive
to ratifying the credentials of a new Georgian delegation should they
be presented at a future Assembly part-session.
14. The Assembly calls upon the Georgian authorities to address
the concerns and recommendations expressed by the Assembly in its Resolution 2438 (2022) “The honouring of obligations and commitments by Georgia”, 2561 (2024) and 2585
(2025) in order to overcome the crisis in the country and to
resume their full co-operation with the Council of Europe and its
Assembly.