Council of Europe human rights commissioner publishes critical report on Georgia visit
Council of Europe Commissioner for Human Rights Michael O’Flaherty has called on the Georgian authorities to ensure accountability for law enforcement officers over allegations of excessive force during protests and to repeal or substantially amend legislation that, in his view, restricts freedom of assembly, association and expression.
In a report published following his visit to Georgia in April, the commissioner said that recommendations issued by the European Union in March 2025 remain relevant and require implementation.
What the memorandum says
- O’Flaherty again stresses the need for effective investigations into allegations of ill-treatment and excessive use of force by law enforcement officers. He says the authorities must fully examine the responsibility of both direct perpetrators and senior officials, while also providing appropriate reparations to victims.
- The commissioner calls on the authorities to require all law enforcement officers to wear clearly visible and individually identifiable personal identification numbers. He also recommends expanding investigations to cover all credible allegations of ill-treatment recorded during protests in March 2023, spring 2024, and the period from November 2024 to early 2025.
- The memorandum pays particular attention to the use of water cannons containing chemical agents against protesters. The commissioner calls for independent, transparent and thorough investigations into these incidents in line with relevant UN international standards and urges the authorities to make the findings public.
- The document also emphasises the need for the full implementation of judgments by the European Court of Human Rights (ECHR), including rulings concerning ill-treatment by law enforcement officers and violations of freedom of assembly.
- Beyond the March recommendations, the commissioner expresses concern about legislative changes adopted during 2025. In his view, amendments to the Law on Assemblies and Demonstrations, the Code of Administrative Offences and the Criminal Code require review, repeal or substantial revision in order to comply with the European Convention on Human Rights.
- O’Flaherty argues that the right to spontaneous assemblies must be protected and that authorities should remove general restrictions on peaceful protest. He also says that deprivation of liberty in the context of public assemblies should remain a measure of last resort and follow an individual assessment in each case.
- The commissioner further calls on the authorities to promptly implement European Court of Human Rights judgments concerning violations of the right to peaceful assembly and cases of ill-treatment by law enforcement officers. He urges the government to strengthen safeguards against arbitrary detention and ensure effective accountability for unlawful policing practices.
- The memorandum also highlights investigations and criminal proceedings launched against civil society organisations. The commissioner calls on the authorities to halt such actions, restore organisations’ access to their bank accounts and repeal legislative amendments relating to grants, broadcasting and other relevant laws.
- In the concluding section of the document, the commissioner urges the authorities to refrain from taking any measures that arbitrarily restrict democratic freedoms, political pluralism or citizens’ participation in public life.
Response from the Georgian authorities
The Georgian authorities reject Michael O’Flaherty’s criticism and maintain that all legislative changes adopted in recent years fully comply with both Georgia’s Constitution and European human rights standards.
According to Archil Gorduladze, chairman of parliament’s Legal Affairs Committee, O’Flaherty’s assessments “lack a legal basis and are political in nature”. He argues that the commissioner’s report does not provide specific legal arguments demonstrating that Georgian legislation violates human rights standards.
Gorduladze also referred to O’Flaherty’s previous calls to repeal the Law on Family Values and the Protection of Minors. He said the commissioner supports policies opposed by Georgia’s ruling team. For that reason, he added, the authorities do not consider O’Flaherty’s current criticism credible.
“Michael O’Flaherty demanded that LGBT propaganda be allowed in schools and kindergartens and that the ban on incest be abolished. His criticism has no legal basis. Our laws comply with the European Convention on Human Rights,” Gorduladze said.
Council of Europe Commissioner’s report on Georgia
