During his visit to Georgia on January 21 to 23 Council of Europe Commissioner for Human Rights, Michael O’Flaherty expressed concern about the “lack of accountability for allegations of unlawful arrests” and “excessive use of force” by police and unidentified masked individuals during protests. He expressed concern about recently adopted repressive amendments to various laws, as well as about the Foreign Agents and the anti-LGBT laws adopted earlier.

The official statement concerning the visit says CoE Commissioner “engaged extensively with authorities and civil society.”

O’Flaherty notes that while criminal prosecutions of protesters have advanced, no police officer has been held accountable despite numerous reports of ill-treatment. He reiterated his earlier call that police should display “proper identification to facilitate the prosecution and sanctioning of perpetrators of abuse in line with international good practice.”

He also expresses concern about new restrictions on protests, including the recent changes in several laws that have banned face coverings at protests and expanded the grounds for administrative detention. “It is critical to ensure that the right to freedom of peaceful assembly is not undermined by administrative or legislative measures,” he said.

The Commissioner also notes changes in the Public Service Law that leave public servants unprotected against dismissal. “I regret that these human rights sensitive laws were adopted in a hurried way, with no meaningful consultation process,” he said.

During his meeting with the authorities, the Commissioner also raises the case of imprisoned journalist Mzia Amaghlobeli, saying, “Without prejudice to any future decision on the merits of the charges against her, I believe that the continuation of her pre-trial detention is unjustified and I am very concerned about her situation.”

O’Flaherty also expresses concern about the shrinking space for civil society through the combination of rampant disinformation and stigmatizing legislation, referring to the Foreign Agents Law. “Although the authorities have not yet fined anyone for failing to register, the existence of an automatic, unevidenced, and irrebuttable presumption represents an unnecessary and disproportionate restriction on the right of freedom of association,” the Commissioner said.

The CoE Commissioner also expresses grave concern about the anti-LGBT law, which aims to crack down on the rights of sexual minorities, especially their freedom of expression. “While implementation of the law has not yet begun, its impact is reportedly already felt on the ground, with more limited access to health and other basic services for LGBTI people, increased fear of becoming victims of hate crimes, and the exacerbation of stigma faced by LGBTI people,” stated Commissioner O’Flaherty.

The statement says: “The Commissioner observes that the combination of these legislative measures, the failure to ensure prompt accountability for human rights violations, and a strong perception in civil society of their inability to obtain justice through the Georgian courts, effectively negates their human rights.” The Commissioner urges Georgian authorities “to approach any reforms with careful consideration of the cumulative impact of the body of laws and in full respect of international human rights standards.”

“This visit marks a continued commitment by the Commissioner to engage with member states and promote the highest standards of human rights protection. He looks forward to an ongoing, open dialogue with the Georgian authorities,” reads the Council of Europe’s official press release.

According to the statement the “Commissioner met with Deputy Foreign Minister Lasha Darsalia, Deputy Interior Minister Aleksandre Darakhvelidze, Deputy Justice Ministers Beka Dzamashvili and Niko Tatulashvili, Head of the Special Investigation Service Koka Katsitadze, First Deputy Prosecutor General Giorgi Badashvili, and Public Defender of Georgia Levan Ioseliani.“

source:CIVIL.Ge