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Challenge, on substantive grounds, of the still unratified credentials of the parliamentary delegation of Georgia

Doc. 16104: compendium of written amendments | Doc. 16104 | 29/01/2025 | Final version

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Amendment 1 Amendment 7 Amendment 4 Amendment 6 Amendment 2 Amendment 5 Amendment 3

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ADraft Resolution

1The Parliamentary Assembly recalls that by acceding to the Council of Europe on 27 January 1999, Georgia agreed to honour several specific commitments listed in Assembly Opinion 209 (1999), as well as the obligations incumbent on all member States under Article 3 of the Statute of the Council of Europe (STE No. 1): compliance with the principles of pluralist democracy and the rule of law as well as respect for human rights and fundamental freedoms of all persons placed under its jurisdiction.
2In its Resolution 2561 (2024) “Challenges to democracy in Georgia”, the Assembly already expressed its deep concern at the continuing and rapid backsliding of democracy in Georgia. Noting that the 26 October 2024 parliamentary elections would be a de facto referendum on Georgia’s democratic trajectory and foreign alignment, the Assembly reiterated its commitment to co-operation and dialogue with all forces and civil society in Georgia “to reverse the recent backsliding and to uphold the honouring of Georgia’s membership obligations and commitments to the Council of Europe”.
3The latest developments confirm the Assembly’s concerns. The findings of the Assembly’s election observation delegation “raise concerns about the correctness of the election results, namely whether the election results truly reflect the will of the voters. Additionally, serious doubts persist regarding whether the electoral environment provided the necessary conditions for a fair election, enabling voters to make an informed choice free from intimidation and undue pressure. This is reflected in the response from the opposition and civil society, which have expressed deep mistrust in both the results and the institutions and continue to challenge the outcome of the election”. Following the elections, large demonstrations erupted in Georgia, with opposition parties boycotting parliament and asking for a rerun of the vote.
4Street demonstrations took even larger proportions following the announcement that the government would suspend Georgia’s European Union accession process. This decision, which is contrary to the ruling party’s electoral promises, has resulted in a social crisis characterised by a complete breakdown of trust in the political institutions of the country in the eyes of the Georgian society, which compromises their legitimacy. It is also bound to have an impact on the introduction of much needed reforms that would help tackle Georgia’s democratic backsliding.
5The Assembly condemns the human rights abuses committed by the police, including the brutal use of force against demonstrators, in violation of freedom of assembly, in the context of a progressive erosion of fundamental rights and freedoms, the dismantling of democratic safeguards, the shrinking space for civil society and the politicisation of State institutions that began well before these elections. It also condemns the misuse of the judicial system to deter and retaliate against protesters, journalists and opposition figures, issues which so far remain unaddressed by the authorities.
6In this respect, the Assembly asks the Georgian authorities to take into account the recommendations to be made by the European Commission for Democracy through Law (Venice Commission) in its urgent Opinion on the Law on Administrative Offenses, requested by the President of the Assembly. Likewise, the Assembly reiterates its call on the authorities to repeal the Law on Transparency of Foreign Influence in its current form, to protect freedom of assembly and expression and to ensure accountability for human rights violations and end stigmatisation of NGOs, as highlighted also by the Council of Europe Commissioner for Human Rights during his visit to Georgia in January 2025.
7In the Assembly’s view, Georgia’s political deadlock and breach of trust between the authorities and civil society can be overcome only through:
7.1a clear recommitment of the Georgian authorities to Council of Europe values and standards and further European integration in line with the European aspirations of the majority of the Georgian people;
7.2a reinforced process of engagement with the Council of Europe, involving the Georgian authorities as well as a wide range of other Georgian stakeholders;
7.3an inclusive political process in Georgia involving all stakeholders and social actors, including opposition and civil society, to urgently address the deficiencies and shortcomings noted during the recent parliamentary elections;

29 January 2025

Tabled by Ms Boriana ÅBERG, Mr Gustaf GÖTHBERG, Mr Markus WIECHEL, Mr Michael RUBBESTAD, Mr Sam RUSHWORTH, Lord Michael GERMAN, Ms Cat ECCLES, Ms Jessica STEGRUD

Votes: 97 in favor 28 against 3 abstentions

In the draft resolution, after paragraph 7.3, insert the following paragraph:

"the organisation of new genuinely democratic elections, held under strict international monitoring and conditions of political independence of State institutions and election administration;"

7.4ensuring accountability for all law enforcement officials involved in violent crackdowns against peaceful protesters, beatings, mistreatment, torture and arbitrary arrest;
7.5the release of all political prisoners.
8In this regard, the Assembly recalls the visit which the Secretary General of the Council of Europe carried out in Tbilisi in December 2024, following which a number of initiatives were launched.
9Similarly, the Assembly recalls that its co-rapporteurs of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) visited Georgia in January 2025, and met interlocutors from the Georgian institutions, as well as all political forces, NGOs and civil society.
10Developments since the 26 October 2024 parliamentary elections, including violations of the freedom of assembly and expression and the crackdown on the opposition and civil society, are in contradiction to Georgia's membership obligations and accession commitments to the Council of Europe. The Assembly therefore needs clear assurances from the authorities that they are genuinely committed to reversing the democratic backsliding and fulfilling their membership obligations.
11In the light of these considerations and as a signal of its own openness to maintaining dialogue, the Assembly, pending a reconsideration of the Georgian delegation’s credentials and an overall re-assessment of the situation in the country at its April 2025 part-session, decides to ratify at this part-session the credentials of the Georgian delegation while, at the same time, insisting that the Georgian authorities:

29 January 2025

Tabled by Sir Christopher CHOPE, Lord George FOULKES, Lord Michael GERMAN, Ms Cat ECCLES, Lord Richard KEEN, Mr Perran MOON, Mr Dan ALDRIDGE, Ms Linsey FARNSWORTH, Ms Leigh INGHAM, Mr Oleksii GONCHARENKO, Lord Don TOUHIG

If adopted, amendments 4, 6, 2 falls.

Votes: 43 in favor 83 against 8 abstentions

In the draft resolution, paragraph 11, after the words "In the light of these considerations" delete the remainder of the paragraph and insert the following words:

"The Assembly resolves not to ratify the credentials of the Georgian Delegation".

29 January 2025

Tabled by Mr Givi MIKANADZE, Ms Eka SEPASHVILI, Ms Mariam LASHKHI, Mr Zviadi SHALAMBERIDZE, Mr Rati IONATAMISHVILI, Mr Levan MACHAVARIANI, Mr Clement SHOPOV, Mr Ruben RUBINYAN, Mr Armen RUSTAMYAN, Ms Iskra MIHAYLOVA

If adopted, amendments 6, 2 falls. Falls if amendment 7 is adopted.

Votes: 23 in favor 104 against 7 abstentions

In the draft resolution, replace paragraph 11 with the following paragraph:

"The Assembly resolves to ratify the credentials of the Georgian delegation."

Explanatory note

There are no legal grounds for organising new elections in Georgia. The amendment proposes the ratification of the credentials and continuation of the reforms of the legislative framework for the next elections.

11.1immediately 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 genuinely democratic new elections announced during the coming months;

29 January 2025

Tabled by Mr Eerik-Niiles KROSS, Ms Kadri TALI, Mr Oleksii GONCHARENKO, Mr Petri HONKONEN, Mr Oleksandr MEREZHKO, Ms Hanah LAHE, Mr Martynas GEDVILAS, Ms Rian VOGELS

Falls if amendments 7, 4 are adopted.

Votes: 111 in favor 10 against 9 abstentions

In the draft resolution, paragraph 11.1, replace the words "announced during the coming months" with the following words:

"to be announced during the coming months"

11.2take immediate and effective steps to enable Georgia to resume the European integration process, in line with the European aspirations of the people, and to accelerate with determination the necessary reforms;
11.3put an immediate end to police brutality and human rights abuses, effectively investigate these practices and end the misuse of legal proceedings as a means of deterring or retaliating against protesters, journalists and civic leaders, and fully respect the right to freedom of expression and assembly;
11.4step up co-operation with the Council of Europe and engage in good faith in the process initiated by the Secretary General of the Council of Europe;
11.5address, without delay, the concerns and recommendations of the Assembly expressed in Resolution 2438 (2022) and Resolution 2561 (2024), including the recommendation to revoke the Law on Transparency of Foreign Influence, and the concerns about the Law on Administrative Offences, which should be addressed by taking into account the urgent opinions of the Venice Commission;
11.6release all political prisoners before the 2025 April part-session of the Assembly;
11.7continue to engage fully with the Assembly’s monitoring procedure.

29 January 2025

Tabled by Ms Yelyzaveta YASKO, Mr George PAPANDREOU, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Emanuelis ZINGERIS, Mr Pablo HISPÁN

Falls if amendments 7, 4 are adopted.

Votes: 106 in favor 14 against 11 abstentions

In the draft resolution, at the end of paragraph 11.7, insert the following words:

"and work to ensure that monitoring mechanisms function effectively during the pre-election period, thereby strengthening timely warnings against any democratic decline".

12At the same time, as a clear sign of its condemnation of the police brutality and other human rights abuses, which so far have not been addressed by the authorities, the Assembly resolves to suspend the following rights of the members of the Georgian delegation:

29 January 2025

Tabled by Mr Givi MIKANADZE, Ms Eka SEPASHVILI, Ms Mariam LASHKHI, Mr Zviadi SHALAMBERIDZE, Mr Rati IONATAMISHVILI, Mr Levan MACHAVARIANI, Mr Ruben RUBINYAN, Mr Armen RUSTAMYAN, Mr Cemalettin Kani TORUN, Mr Abdurrahman BABACAN, Ms Iskra MIHAYLOVA, Mr Clement SHOPOV

In the draft resolution, replace paragraph 12 with the following paragraphs:

"Furthermore, the Assembly calls on the Georgian authorities to: 12.1. take immediate and effective steps to enable Georgia to continue the EU accession process, in line with the European aspirations of the people, and to accelerate with determination the necessary reforms; 12.2. step up cooperation with the Council of Europe and engage in good faith in the process initiated by the Secretary General of the Council of Europe; 12.3. continue to engage fully with the Assembly’s monitoring procedures."

Explanatory note

The amendment proposes the readiness of the Georgian Authorities to sustain good cooperation with the Council of Europe institutions.

12.1right to be full member or alternate of the following committees: the Committee on Political Affairs and Democracy, the Monitoring Committee, the Committee on Legal Affairs and Human Rights, the Committee on the Election of Judges to the European Court of Human Rights and the Committee on Rules of Procedure, Immunities, and Institutional Affairs;
12.2right to be a member of election observation committees;
12.3right to be appointed rapporteur;
12.4right to be a candidate for the office of the President of the Assembly, chairperson or vice-chairperson of a committee or a sub-committee;
12.5right to represent the Assembly in Council of Europe bodies by Bureau decision, and right to represent the Assembly on an occasional basis (by Bureau or committee decision) at events, meetings, conferences organised by Council of Europe bodies, international organisations or interparliamentary assemblies.
13The Assembly further resolves to explore ways of strengthening the participation of Georgian extra-parliamentarian opposition and civil society in its actions with regard to Georgia, including within the framework of the Monitoring Committee.
14The Assembly will have the opportunity to reconsider the credentials of the Georgian delegation, including the suspension of the above-mentioned rights, at its April 2025 part-session, in the light of progress achieved in relation to the issues mentioned in paragraph 11, under the conditions provided for in Rule 9 of its Rules of Procedure