The Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, has called for stronger protection of human rights in Georgia. In a new memorandum published on March 26, Commissioner O’Flaherty expresses concern about the human rights situation in the country and makes concrete recommendations to the Georgian authorities. He urges the GD government to uphold democratic values, ensure accountability for law enforcement abuses, and protect fundamental rights such as freedom of assembly and expression. The memorandum follows his visit to Georgia in January.
Human Rights Abuses During Protests
Ill-treatment of protesters and journalists
The memorandum details human rights violations during mass protests in late 2024 and early 2025. It cites the Public Defender’s Office, which recorded 327 cases of detained and injured protesters, with 225 alleging ill-treatment in police custody. The report highlights cases of physical abuse and threats of sexual violence against women protesters. It also notes that lawyers and family members were not promptly informed of arrests, violating legal standards. Many detainees reported that their mobile phones were confiscated and never returned, even after being located within official police premises.
It further states that the preliminary fact-finding mission of international anti-torture CSOs suggests a “coordinated policy and practice of systematically torturing and ill-treating protesters and supporters.”
The report also exposes severe restrictions on press freedom, documenting 91 incidents where journalists were prevented from carrying out their work. Over a dozen reporters were physically assaulted by police or masked individuals, while others were subjected to water cannons, tear gas, arbitrary detention, and destruction of their equipment. The document refers to the CoE’s Safety of Journalists Platform, which reported a sharp increase in attacks on journalists in Georgia, with cases tripling compared to the previous year.
Unjustified Dispersal and Arrest of Protesters
The report states that “isolated instances of violence by individual protesters do not suffice to taint an entire assembly as non-peaceful,” arguing that the pro-EU demonstrations were “overwhelmingly peaceful.” It criticizes the law enforcement authorities for using “disproportionate force” to disperse them, thereby failing to uphold the right of peaceful assembly.
The report notes that international bodies, including the UN High Commissioner for Human Rights, the OSCE, and the EU, have expressed concern over the violent suppression of these assemblies.
Lack of Accountability of Law Enforcement
A persistent issue highlighted in the report is the impunity of law enforcement officers involved in human rights abuses. The report emphasizes that Georgian law lacks a provision requiring the proper identification of masked police officers during demonstrations.
As noted in the report, during his visit, Commissioner O’Flaherty raised the issue of proper identification for masked police while meeting with the GD authorities. He referenced “a number of international standards requiring all law enforcement officers to wear or display proper forms of identification to facilitate effective accountability.”
Investigations into police misconduct remain a “recurrent problem,” with no officers prosecuted for past violations during protests in 2023 and 2024. Despite credible evidence of mistreatment, expectations of accountability remain low among victims and human rights organizations, the report read.
Excessive Force and Unjustified Arrests
Despite the overwhelmingly peaceful nature of the pro-EU demonstrations, law enforcement authorities have been accused of using disproportionate force to disperse protesters, the memorandum says. It adds that the International bodies, including the UN High Commissioner for Human Rights, the OSCE, and the EU, have expressed concern over the violent suppression of these assemblies.
New Legislative and Administrative Restrictions on Freedom of Assembly
The memorandum also addresses the repressive laws enacted by the GD Parliament. It notes that introduced legal changes significantly restrict freedom of assembly, and several of the “new provisions appear to be inconsistent with international human rights standards.” These amendments include a ban on protesters covering their faces, increased fines for demonstrations, harsher penalties for obstructing roads, expanded grounds for administrative arrest, etc.
It notes that “all amendments were adopted in a hurried way, without a comprehensive impact assessment, and with no meaningful consultation process, neither with civil society nor with the Public Defender and other relevant stakeholders.”
Attacks on Media Freedom: The Case of Mzia Amaghlobeli
The report specifically mentions the case of Mzia Amaghlobeli, the jailed journalist, the founder of online media outlets Batumelebi and Netgazeti, stating that her pre-trial detention is unjustified. The commissioner observed that journalists in Georgia were not only targeted during the protests in November and December 2024 but “are increasingly being repressed in other ways.”
The report also emphasizes that the removal of a news anchor [ostensibly referring to Vasil Ivanov-Chikovani] from Georgia’s public broadcaster for expressing solidarity with Amaghobeli is a concerning issue.
In light of these developments, the Commissioner has urged GD authorities to uphold fundamental rights, including freedom of expression and assembly. The recommendations include:
- Ensuring that the policing of protests and other public assemblies adheres to the principles of legality, necessity, proportionality, precaution, and non-discrimination in line with international standards;
- Requiring all law enforcement personnel to wear visible and individually distinguishable identification to enhance accountability;
- Guaranteeing that journalists can report on protests and other public assemblies freely and safely;
- Conducting independent investigations into reported human rights violations and ensure accountability for those responsible.
The report further calls on the GD authorities to:
- Immediately and unconditionally release all detained protesters who legitimately exercised their rights to freedom of expression and assembly;
- Provide comprehensive reparation to survivors, including medical treatment, psychosocial support, financial compensation, and erasure of any unfair administrative or criminal sanctions;
- Strengthen the independence and effectiveness of investigative bodies handling cases of police misconduct.
- Fully implement the judgments of the ECtHR concerning the lack of effective investigations into allegations of excessive use of force by law enforcement;
- Use the practice of suspending law enforcement officers under investigation for committing a crime in line with the Police Law.
Shrinking Space for Civil Society in Georgia
Attacks and Smear Campaigns Against NGOs and Human Rights Defenders
As the document argues, the Commissioner is informed that the GD authorities and pro-government groups have actively sought to discredit CSOs, portraying them as “enemies of the state” and questioning their funding sources. It highlights that activists have faced physical attacks, smear campaigns, and surveillance. Between April and June 2024, over a dozen civil society activists were assaulted, yet no arrests have been made. The secret surveillance has been used to intimidate human rights defenders, the Commissioner warns.
The Commissioner also raised concerns over the ruling party’s recent decision to abolish mandatory participation of CSOs in public decision-making. It also mentions that the GD expressed its commitment to revise the Foreign Agents Law in February 2025 but instead replaced “the law with an exact copy of the US Foreign Agents Registration Act (FARA).”
The Commissioner called on Georgian authorities to:
- Cease stigmatization against civil society and human rights defenders;
- Publicly recognize the legitimacy of the work of CSOs and human rights watchdogs;
- Ensure full investigations into attacks on NGO members, bringing perpetrators to justice;
- Restore civil society participation in public decision-making;
- Rescind the Foreign Agents Law and ensure any replacement complies with human rights obligations.
Stigmatization and Discrimination Against LGBTI People
Law on Protection of Family Values and Minors
The document highlights the anti-LGBTI law, enacted on 17 September 2024, that bans legal gender recognition, criminalizes trans-specific healthcare, restricts LGBTI-related education, and prohibits same-sex adoption. While the GD officials claim the law aims to protect “traditional values,” the Commissioner stressed that it institutionalizes discrimination and contradicts ECtHR rulings. The report indicates that the law has already worsened access to healthcare and increased fear among LGBTI individuals.
In addition, the report addresses the new proposal of the GD parliament that seeks to remove the terms “gender” and “gender identity” from Georgian legislation. It cites the report of the CoE’s Committee of Ministers that urged authorities to repeal the law, warning it undermines Georgia’s human rights obligations.
On LGBTI Rights, the commissioner argues that the authorities should:
- Cease the stigmatization of LGBTI people in public discourse;
- Investigate violence and discrimination against LGBTI individuals and prosecute perpetrators;
- Rescind the Law on Protection of Family Values and Minors;
- Reverse proposals to erase gender identity from legislation;
- Fully implement ECtHR rulings protecting LGBTI rights.
By civil.ge
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