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”
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 10 April 2025 (16th sitting) (see Doc. 16153, report of the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee), co-rapporteurs: Ms Sabina Ćudić and Ms Edite Estrela). Text adopted by the Assembly on
10 April 2025 (16th sitting).
1. The Parliamentary Assembly refers
to 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 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 entitled “The situation of local and regional democracy in
Georgia”, drawn up by the Congress of Local and Regional Authorities
of the Council of Europe for its March 2025 session.
2. The Assembly deeply regrets that, despite its decision to
ratify the credentials of the Georgian delegation, all the members
of the delegation have resigned, thus rejecting dialogue: this explains
why 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 that the situation in the country
has continued to deteriorate.
4. With regard to its call upon the authorities to immediately
release all political prisoners and 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’s opinion, 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
as part of the appointment process, thus further undermining the
independence of the electoral administration;
4.3 takes note of Resolution 509 (2025) “The situation of
local and regional democracy in Georgia”, adopted on 26 March 2025
by the Congress of Local and Regional Authorities of the Council
of Europe, which 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 reiterates
its call to the Georgian authorities to restore the conditions for
genuinely democratic elections without further delay;
4.4 is concerned about the Central Election Commission’s recent
decision to substantially restrict the rights of observers on election
day and their ability to effectively monitor the electoral process,
and urges it to revoke these restrictions since they affect the
legitimacy of, and public trust in, future elections.
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 noting the decrease in reports of police brutality during
the demonstrations, the Assembly remains concerned that these violations
have not been effectively investigated to date, which has led 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 centre
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
that they 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
for 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 Georgia has dropped from 77th to 103rd place
in the Reporters Without Borders’ 2024 World Press Freedom Index,
while the 2025 Europe Press Freedom Report, published by the Council
of Europe’s Platform to Promote the Protection of Journalism and
Safety of Journalists, 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 that reduces the employment protection of civil servants
and the repeated refusal by the National Agency of 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 Interim Resolution CM/ResDH(2025)31
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 its 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
pursues 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
those of members of the Central Election Commission, members of
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 the present. It is concerned
that criminal charges have been brought against former UNM members
as well as other personalities, including from other opposition
parties and civil society representatives, 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 about the introduction of legislation
that prohibits any successor or related parties. It is also concerning
that former members of the Georgian delegation to the Assembly are
being brought in for interrogation and may possibly face prosecution
for a vote they cast for
Resolution 1633 (2008) “The
consequences of the war between Georgia and Russia”. 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 (ETS No. 1). Even if this legislation has
not yet been 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 on 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” and its
Resolutions 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.
