Challenge, on substantive grounds, of the still unratified credentials of the parliamentary delegation of Georgia
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 29 January 2025 (6th sitting) (see Doc. 16104, report of the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee), rapporteur: Ms Zanda Kalniņa-Lukaševica; see also Doc. 16107, opinion of the Committee on Rules of Procedure, Immunities
and Institutional Affairs, rapporteur: Ms Petra Bayr). Text adopted by the Assembly on
29 January 2025 (6th sitting).
1. The Parliamentary Assembly recalls
that, by acceding to the Council of Europe on 27 April 1999, Georgia
agreed to honour several specific commitments listed in Assembly
Opinion 209 (1999) “Georgia’s application
for membership of the Council of Europe”, as well as the obligations
incumbent on all member States under Article 3 of the Statute of
the Council of Europe (ETS No. 1): compliance with the principles
of pluralist democracy and the rule of law, as well as respect for
the human rights and fundamental freedoms of all persons placed
under its jurisdiction.
2. In 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
political 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”.
3. The latest developments confirm the Assembly’s concerns. The
findings of the Assembly’s election observation delegation in its
report on the observation of the parliamentary elections in Georgia
(26 October 2024) “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.
4. Street demonstrations took on 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 Georgian society’s trust
in the political institutions of the country, 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.
5. The 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.
6. In 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 the
urgent opinion on amendments to the Code of Administrative Offences
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, protect freedom of assembly
and expression, ensure accountability for human rights violations
and end stigmatisation of non-governmental organisations (NGOs),
as highlighted also by the Council of Europe Commissioner for Human
Rights during his visit to Georgia in January 2025.
7. In the Assembly’s view, Georgia’s political deadlock and the
breach of trust between the authorities and civil society can be
overcome only through:
7.1 a clear
recommitment by 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;
7.2 a reinforced process of engagement with the Council of
Europe, involving the Georgian authorities as well as a wide range
of other Georgian stakeholders;
7.3 an inclusive political process in Georgia involving all
stakeholders and social actors, including the opposition and civil
society, to urgently address the deficiencies and shortcomings noted
during the recent parliamentary elections;
7.4 the organisation of new, genuinely democratic, parliamentary
elections, held under strict international monitoring and conditions
of political independence of State institutions and election administration;
7.5 ensuring that all law-enforcement officials involved in
violent crackdowns against peaceful protesters, beatings, mistreatment,
torture and arbitrary arrests will be held accountable;
7.6 the release of all political prisoners.
8. In this regard, the Assembly recalls the visit of the Secretary
General of the Council of Europe to Tbilisi in December 2024, following
which a number of initiatives were launched.
9. Similarly, the Assembly recalls that the 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 Georgian institutions,
as well as all political forces, NGOs and civil society.
10. Developments since the parliamentary elections on 26 October
2024, including violations of 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.
11. In 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 reassessment
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:
11.1 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;
11.2 take 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;
11.3 put 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;
11.4 step 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;
11.5 address, without delay, the concerns and recommendations
of the Assembly expressed in
Resolution 2438 (2022) “The
honouring of obligations and commitments by Georgia” and
Resolution 2561 (2024) “Challenges
to democracy in Georgia”, including the recommendation to repeal the
Law on Transparency of Foreign Influence and the concerns about
the Code of Administrative Offences, which should be addressed by
taking into account the urgent opinion of the Venice Commission;
11.6 release all political prisoners before the 2025 April
part-session of the Assembly;
11.7 continue to engage fully with the Assembly’s monitoring
procedure and work to ensure that monitoring mechanisms function
effectively during the pre-election period, thereby ensuring timely warning
of any democratic decline.
12. At 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:
12.1 the right to be a 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;
12.2 the right to be a member of election observation committees;
12.3 the right to be appointed rapporteur;
12.4 the right to be a candidate for the office of the President
of the Assembly, chairperson or vice-chairperson of a committee
or a sub-committee;
12.5 the right to represent the Assembly in Council of Europe
bodies (by decision of the Bureau), and the right to represent the
Assembly on an occasional basis (by decision of the Bureau or committee)
at events, meetings, conferences organised by Council of Europe
bodies, international organisations or interparliamentary assemblies.
13. The Assembly further resolves to explore ways of strengthening
the participation of Georgian extra-parliamentary opposition and
civil society in its actions with regard to Georgia, including within
the framework of the Monitoring Committee.
14. The 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.
