Council of Europe Committee of Ministers urges Georgia to review legislation
The Council of Europe’s Committee of Ministers has called on the Georgian authorities to review legislation and practices related to freedom of assembly and administrative offences. The committee published its decision after a series of meetings held from 9 to 11 June.
The committee said any restriction on freedom of assembly must comply with the principles of legality, necessity and proportionality. The document also highlights the role of civil society and expresses concern about legislative initiatives which, in its view, may conflict with democratic standards.
According to the Committee of Ministers, the cases under review concern violations of freedom of assembly and the right to a fair trial. The committee said national courts failed to examine evidence properly and did not provide sufficient reasoning to justify administrative penalties.
The document also refers to violations of the right to liberty and security. The committee links those violations to the arbitrary use of administrative detention and arrest.
The committee stresses that freedom of assembly is one of the fundamental rights of a democratic society and, together with freedom of expression, forms a cornerstone of the democratic system.
The Committee of Ministers of the Council of Europe calls on the Georgian authorities to carry out a comprehensive review of existing legislation and practice and bring them into line with the standards of the European Convention on Human Rights.
According to the committee, such changes are necessary to prevent disproportionate and unlawful administrative detentions, convictions, including criminal convictions, and the imposition of excessive fines. The document also highlights the need to ensure the overall fairness of judicial proceedings.
The document further urges the authorities to engage in meaningful consultations with stakeholders and relevant Council of Europe expert bodies.
The Committee of Ministers has also asked the authorities to provide updated information on the practices of courts and law enforcement agencies regarding administrative detentions, arrests and convictions in the context of demonstrations.
The committee has additionally requested the submission of relevant statistical data.
The committee’s decision places particular emphasis on the role of civil society. The Committee of Ministers notes that non-governmental organisations play an important part both in monitoring compliance with the European Convention on Human Rights and in supporting the implementation of judgments by the European Court of Human Rights.
The committee calls on the Georgian authorities to ensure an environment that allows non-governmental organisations to effectively monitor public assemblies and provide participants with the legal assistance they may require.
Georgia’s legislation
