Origin - Assembly debate on 1 October 2014 (32nd and 33rd Sittings) (see Doc. 13588 and addendum, report of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), co-rapporteurs: Mr Michael Aastrup Jensen and Mr Boriss Cilevičs). Text adopted by the Assembly on 1 October 2014 (33rd Sitting).
1. The Parliamentary Assembly welcomes the smooth conduct of the 2012 parliamentary and 2013 presidential elections in Georgia, which, despite a polarised and acrimonious election environment, were overall democratic and in line with European standards. These elections mark the first time in Georgia’s recent history that the political power has changed hands peacefully and democratically through the ballot box. All the political forces should be congratulated on this achievement, which should be an example for the whole region.
2. The otherwise smooth handover of power was accompanied by a polarised and antagonistic political climate, especially during the period of cohabitation between the then President Milheil Saakashvili and the Georgian Dream coalition government. The Assembly regrets that these tensions sometimes overshadowed the many positive changes that were taking place in the democratic environment of Georgia. The United National Movement (UNM) has reported that several thousand of its activists and supporters were regularly interrogated and intimidated by various investigative agencies (some up to 30 times). A number of major opposition figures, including members of parliament, were violently attacked. It has to be noted that two years on, almost the entire leadership of the former ruling party has been arrested or is under prosecution or investigation: former Prime Minister and UNM Secretary General, Vano Merabishvili, former Defence Minister, Bacho Akhalaia, and former Tbilisi mayor and UNM campaign manager, Gigi Ugulava, are in prison (pre-trial detention). The judicial authorities have charged the former President, Mikheil Saakashvili, and ordered pre-trial detention in absentia, as well as for former Minister of Defence, David Keserashvili, and former Minister of Justice, Zurab Adeishvili. The emergence of a strong and experienced opposition, combined with a well-organised ruling coalition, has strengthened the role of the parliament and parliamentarianism in the political system in Georgia. Moreover, on a number of occasions, the parliament has managed to find consensus solutions to major political challenges. In the view of the Assembly, these are important developments and a major evolution of the political environment in the country.
4.1. suggests that the parliament considers a further amendment to the organic law of Georgia on the courts of general jurisdiction that would require at least two rounds of voting, with sufficient time for negotiations in-between, before lowering the threshold from a two-thirds majority to a simple majority to elect the parliament’s appointees to the High Council of Justice. In the view of the Assembly, this will facilitate and encourage agreement between the ruling majority and the opposition on the members of the High Council of Justice elected by the parliament;
4.2. calls on the parliament to contemplate considerably lowering the three-year probation period for judges to be appointed to a life term of office, in order to bring it into line with European standards;
4.3. urges the parliament to amend the law on administrative offences with a view to removing the possibility of custodial sentences for such offences;
4.4. while welcoming the recent decrease in its use, expresses its concern about the continued widespread use of pre-trial detention in Georgia. The Assembly emphasises that detention on remand should only be used as a measure of last resort, when there is a clear risk of absconding, interference with the course of justice, or a serious risk that the person will commit a serious offence or pose a threat to public order and it should not be used for political purposes. It calls on the authorities to adopt clear guidelines for the prosecution and courts for the use of detention on remand, in order to ensure full adherence with the requirements of Article 5 of the European Convention on Human Rights (ETS No. 5) and Committee of Ministers Recommendation Rec(2006)13 on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse;
4.5. expresses concern over the widespread application of asset freezing to family members of opposition figures and former government officials in criminal cases not involving allegations concerning illicit assets;
4.6. urges the Georgian authorities to implement fully the provisions of the Code of Criminal Procedure on witness testimonies and jury trials.
5. The Assembly notes that the media reforms initiated by the authorities are considered by the Representative for the Freedom of the Media of the Organization for Security and Co-operation in Europe (OSCE) to be an improvement over previous legislation and in line with international standards. The Assembly welcomes the fact that these reforms address several of its previous recommendations. It regrets that these reforms were unnecessarily politicised in the tense pre-electoral political environment.
6. The Assembly expresses its concern about the apparent politicisation of the public broadcaster and the recent difficulties experienced by the parliament in appointing an independent and impartial board of trustees to oversee its work. It considers this to be a signal that both the majority and the minority in parliament are attempting to politicise the composition and work of the board of trustees and ultimately the public broadcaster itself. Further amendments to the Law on Broadcasting need to be adopted obliging the parliament to appoint a board of trustees on the basis of the candidates proposed by the independent and impartial public selection committee that is foreseen in the law. In this context, the Assembly urges the Georgian Parliament to adopt the transitional measures necessary to implement the Constitutional Court decision with regard to the dismissal of the previous board of trustees.
7. With regard to the recently adopted organic law on local self-government, the Assembly:
7.1. welcomes the fact that all gamgebeli and mayors of self-governing cities are now directly elected. In this respect, it suggests also considering the election of regional governors;
7.2. expresses its concern about the provisions that allow for the impeachment by the local councils of mayors and gamgebeli on any grounds. The Assembly considers that the impeachment of directly elected local officials, as well as the grounds on which this can be initiated, should be clearly prescribed and circumscribed by law;
7.3. takes note that this law, which affects the election procedure in local elections, was adopted only a few months before local elections were due to take place.
8. The Assembly takes note of the numerous changes in local governments in Georgia as a result of local councillors and city officials resigning or switching sides following the change of power at national level. While resignations and switching between parties is part of the democratic process, it is unacceptable if it is the result of duress. The Assembly is therefore seriously concerned by credible reports that a number of these changes were the result of undue pressure on local United National Movement (UNM) activists by supporters of the ruling coalition. The Assembly is also concerned by reports of violent disturbances of the campaign activities of the UNM, allegedly by Georgian Dream supporters, as well as reports that a considerable number of opposition candidates in the local elections, mainly from the UNM, withdrew their candidatures, allegedly under pressure from the authorities. There can be no place for such actions in a democratic society. The authorities should take prompt and effective measures to immediately halt such action and remedy the situation where necessary. The leaders of the ruling majority should give a clear and unambiguous signal to their supporters that any undue pressure on local officials, and disturbances of the political activities of the opposition, will not be tolerated.
9. The Assembly takes note of the large number of allegations of possible criminal conduct by former government officials during their tenure. At the same time, it is seriously concerned about allegations that the arrests and prosecution of a number of former government officials are politically motivated and amount to selective and revanchist justice. The Assembly:
9.1. underscores that there can be no impunity for ordinary crimes, including – and especially – those committed by government officials and politicians, whether current or past;
9.2. calls on the Georgian authorities to ensure that the investigation and prosecution of former government officials are conducted impartially, transparently and in full respect of the principles of a fair trial, as enshrined in the European Convention on Human Rights. It emphasises that not only should selective or politically motivated justice not take place, it should also be seen to be not taking place;
9.3. takes note of the charges filed against former President Saakashvili and, while emphasising that no one is above the law, urges the authorities to ensure that, given the charged political climate in the country, the legal proceedings, including requests for pre-trial detention, against him are not influenced by political motivations;
9.4. urges the authorities to investigate fully and in a transparent manner any allegations of improper conduct by law-enforcement agencies or the prosecution in relation to these cases;
9.5. considers that the introduction of jury trials for former government officials accused of having committed ordinary crimes is an important and positive step to help guarantee the impartiality of their trials;
9.6. taking into account the considerable tensions in the political environment created by these prosecutions, welcomes the suggestion by the authorities of a possible amnesty for all but serious crimes committed by former government officials;
9.7. expresses its concern about the length of the pre-trial detention of former Defence Minister Bacho Akhalaia and asks the authorities to use all legal means available to replace his detention on remand with some other non-custodial precautionary measure.
10. The Assembly welcomes the peaceful and calm conduct of the local elections on 15 June and 12 July 2014, which took place in an improved electoral environment. However, it expresses its concern about isolated violent incidents during the campaign period and about the allegations of pressure on, and intimidation of, candidates to withdraw their candidatures, which created a charged and contentious campaign environment.It calls on the authorities to fully, and transparently, investigate the reports of pressure on, and intimidation of, candidates to resign and, if violations are found, to prosecute perpetrators in line with the Georgian legislation.
11. The Assembly underscores the importance of an independent and impartial civil service. The alleged practice of hiring and dismissing civil servants on the basis of party affiliation by both previous and current governments runs counter to this principle and should be stopped.
12. The Assembly takes note of the large number of complaints filed by ordinary citizens with the prosecutor general for alleged miscarriages of justice and abuses of the justice system under the previous authorities, including forced plea bargaining, violations of property rights and ill-treatment while in prison. These allegations need to be properly investigated and, if need be, addressed. However, the Assembly wishes to underscore that any mechanism established to address these allegations should be a judicial procedure that fully respects the separation of powers, the independence of the judiciary and the obligations of Georgia under the European Convention on Human Rights.
13. The Assembly welcomes the law on the elimination of all forms of discrimination that was adopted on 2 May 2014 and which significantly enhances the legal framework for the protection of persons from discrimination. It takes note of concerns by civil society that the draft law would lack effective mechanisms to implement its provisions. The Assembly therefore suggests that the authorities conduct a comprehensive evaluation of the results of this law one year after its adoption, with a view to improving the effectiveness of the implementation mechanisms contained in it, if need be.
14. The increase of intolerant discourse and discriminatory acts against minorities, especially sexual and religious minorities, in Georgian society is of concern. The Assembly is concerned by the lack of effective investigation and prosecution of hate crimes against minorities. The authorities need to make clear that such behaviour will not be tolerated and that any perpetrators of violent or discriminatory acts will be prosecuted. There can be no impunity for such acts, irrespective of who committed them. All stakeholders, and especially representatives of political parties and institutions that hold high moral credibility in Georgian society, should refrain from divisive language and acts that could incite intolerance or deteriorate the situation of minorities. The Assembly welcomes the adoption by the Georgian Parliament in May of the new Human Rights Strategy and Action Plan.
15. With regard to the repatriation of the deported Meskhetian population, the Assembly considers that the repatriation programme has mostly focused on providing a legal repatriate status to the eligible applicants and not on facilitating the actual repatriation itself. In addition, the Assembly takes note of the long delays in the granting of citizenship to those who have received repatriate status. The Assembly therefore reiterates the need for a comprehensive repatriation strategy and in that context welcomes the adoption by the Georgian Government of a “State Strategy on Repatriation”.
16. The Assembly calls on the Georgian authorities to sign and ratify, without further delay, the European Charter for Regional or Minority Languages (ETS No. 148), which is an accession commitment of Georgia to the Council of Europe. Noting the misconceptions that exist in Georgian society regarding the Charter, the Assembly recommends that the Georgian authorities organise an awareness campaign, with the involvement of civil society and the media, targeted at the different stakeholders in this process, with a view to clarifying the provisions of the Charter and its requirements.
17. The Assembly expresses its concern about the systemic illegal surveillance of citizens by the Georgian law-enforcement agencies, which violates the country’s obligations under the European Convention on Human Rights. While welcoming recent measures to address this issue, the Assembly considers that comprehensive legislation is urgently needed to regulate data collection and surveillance by law-enforcement agencies.
19. Georgia has made marked progress in its democratic development over recent years, although it has been overshadowed by the arrest and prosecution of almost the entire leadership of the former government party and former high officials, which raises questions about the eventual use of the justice system for political purposes. It is now important for it to overcome the antagonism, polarisation and sense of revenge that are still present in the political environment and for political stakeholders to contribute constructively to the further democratic consolidation of the country. The Assembly stands ready to assist the Georgian authorities and Parliament in this work.
After a heated debate on October 1 the Parliamentary Assembly of Council of Europe (PACE) adopted a resolution on “the functioning of democratic institutions in Georgia”, which was opposed by the ruling GD members of the Georgian delegation and supported by opposition UNM.
Initial draft of resolution was prepared by PACE’s co-rapporteurs on Georgia based on their report, which was part of PACE’s regular activity of monitoring how the country honors its obligations undertaken upon its accession to the Council of Europe (CoE) in 1999.
But the initial draft was revised after amendments, many of them pushed for by UNM opposition members of the Georgian delegation, were endorsed by PACE’s monitoring committee a day earlier and then by the Assembly session on October 1.
Many of those amendments made the draft more critical of the Georgian authorities than it originally was.
Michael Aastrup Jensen of Denmark and Boriss Cilevičs of Latvia, the two co-rapporteurs on Georgia, were strongly against of some of those amendments, arguing that the proposed changes were turning their “balanced” report into a “partisan” one.
“If amendments are approved it actually steals the report in a completely different way [from] what we were trying to paint in our report,” PACE’s co-rapporteurs on Georgia Michael Jensen said.
“I am quite saddened by that, because Georgia is a very polarized place… We tried to write a report that is somewhat balanced, but still addressing different issues that still are in Georgia. But if the amendments are approved… then it will also take polarization and partisanships that are in Georgia into our report in this Assembly,” Jensen said, adding that it’s “completely a shame”, because PACE should not be taking sides in Georgia’s internal politics, instead should “try paint a picture as correctly as it is.”
While presenting the draft at the session, Jensen said that despite of problems, “all in all we see progress” in Georgia and another co-rapporteur Boriss Cilevičs said that Georgia is “on the right track, but there is still long way to go.”
He said that some of the commitments undertaken by Georgia while joining the Council of Europe in 1999 still remain unfulfilled. He noted cases of intolerance towards religious, sexual minorities and also said that although the government is condemning such cases, the authorities are not taking sufficient measures to investigate and prosecute perpetrators. Repatriation of Meskhetians, he said, remains a problem and ratification of the language charter is still pending.
‘Progress Overshadowed’
The resolution notes “marked progress” in democratic development over recent years in Georgia, but after one of the amendments was added, the adopted text also says that this progress “has been overshadowed by the arrest and prosecution of almost the entire leadership of the former government party and former high officials, which raises questions about the eventual use of the justice system for political purposes.”
Members of the Georgian delegation from the ruling GD coalition were strongly against of adding to the resolution a paragraph calling for replacing lengthy pre-trial detention of ex-defense minister and former prison system chief Bacho Akhalaia with other non-custodial measure. In the resolution the Assembly “expresses its concern about the length of the pre-trial detention of former Defence Minister Bacho Akhalaia and asks the authorities to use all legal means available to replace his detention on remand with some other non-custodial precautionary measure.”
The issue of prosecution of former senior government members and now opposition leaders dominated debates, which preceded the vote.
Pieter Omtzigt, a Dutch lawmaker from the group of European People’s Party (EPP), said: “The fact that almost whole former government can in a little while hold a cabinet meeting in a prison cell somewhere in Tbilisi is quite worrisome.”
Tiny Kox, a lawmaker from the Netherlands, who chairs Group of the Unified European Left in PACE, said the fact that “so many former politicians are now in prison is a very bad signal.”
Roger Gale, a British Conservative MP, who is a member of European Democrat Group in PACE, said that “the Georgian Dream has turned into a nightmare” and ex-PM Bidzina Ivanishvili exercises “power without responsibility” and called Georgian cabinet members “puppet ministers.” He also said that amendments, which were endorsed by the monitoring committee, were needed in order to “give this report some real teeth.”
Echoing co-rapporteurs’ position, a Swiss lawmaker Luc Recordon from the Socialist Group said that many of the proposed amendments were “radically” changing the report prepared by co-rapporteurs and added that some PACE members, unlike co-rapporteurs, were rushing to conclusions without properly checking facts on the ground.
Georgian Dream lawmaker, Eka Beselia, who chairs human rights committee in the Georgian parliament, said during the debates that calling for change of Akhalaia’s pre-trial detention for non-custodial measure “will be considered as a pressure on the independent court.” “There is no political persecution in Georgia; it was in the period of Saakashvili’s [presidency],” she added.
UNM MP Giorgi Kandelaki, a co-sponsor of many of the amendments, said during the debates that proposed changes were endorsed by the monitoring committee with overwhelming majority and rejecting them would be “utterly inappropriate and not respectful” of the committee members.
“Government of oligarch Bidzina Ivanishvili, who made his fortune in Russia, has been obsessed with the agenda of political retribution. By now this agenda has gone too far; Georgian democracy is backsliding,” MP Kandelaki said and called on the PACE to adopt the resolution with the proposed amendments because it would “help Georgia to slow down this democratic backsliding.”
“Ivanishvili is repeating path of [Ukraine’s former president Viktor] Yanukovych. Remember what Yanukovych was saying when he was prosecuting his opponents – that it’s ‘rule of law, I can’t interfere’. Ukraine’s experience showed that we must not buy these arguments, because they lead to disastrous consequences and we don’t want Georgia to explode,” he added.
‘Georgia’s Political Polarization Sweeps into PACE’
In his closing remarks PACE co-rapporteur on Georgia, Boriss Cilevičs said he disagrees with allegations voiced by some speakers that some former government members were prosecuted because they are now in the opposition. He said there are cases in which “credible allegations” exist and these allegations should be properly investigated.
He said that the PACE should not be telling Georgia not to prosecute someone just because a person was once a minister.
“Our mission is to follow that all the investigations, all the trials are held in full conformity with our own principles… and we wrote this in our draft resolution. When we notice violations, we speak about it and criticize our Georgian colleagues, but to say ‘no, don’t prosecute the former government in general’ – it’s politicized,” Cilevičs said. “Polarization is really harmful… We must do our best to help Georgia to overcome this polarization. If some superficial, not corresponding to the facts, amendments will be adopted today, it will not help Georgia, it will help some politicians and will deepen polarization, so this is why we, the co-rapporteurs, cannot agree with this.”
Another co-rapporteur, Michael Jensen, said: “We have a polarization in Georgia and this polarization has also swept into this Assembly.”
“I think co-rapporteurs’ work in this report is balanced, but we are also frank in our assessments and also in our proposals what Georgia should do. Therefore it is very important that two to three amendments… are being voted down, because if they are voted for, the report will stir in a completely different way and will be a partisan report,” Jensen said.
Cilevičs voted against the amended draft of resolution and Jensen abstained; the resolution was passed with 103 votes to 27.
The resolution “expresses concern over the widespread application of asset freezing to family members of opposition figures and former government officials in criminal cases not involving allegations concerning illicit assets.” The measure was applied in case against ex-president Mikheil Saakashvili. Co-rapporteurs spoke against inserting this wording in the draft, arguing that use of wording such as “widespread” in regard to this measure was factually incorrect.
Only one controversial amendment, which was expressing concern over ex-PM Bidzina Ivanishvili’s “reported interference… in the Georgian Government’s decision making”, was voted down.
There was a motion to send the report and the draft resolution back to the monitoring committee, but the proposal was rejected.
Minority Rights
The resolution expresses concern over “the increase of intolerant discourse and discriminatory acts against minorities, especially sexual and religious minorities, in Georgian society.”
“The Assembly is concerned by the lack of effective investigation and prosecution of hate crimes against minorities. The authorities need to make clear that such behaviour will not be tolerated and that any perpetrators of violent or discriminatory acts will be prosecuted,” reads the resolution.
“There can be no impunity for such acts, irrespective of who committed them. All stakeholders, and especially representatives of political parties and institutions that hold high moral credibility in Georgian society, should refrain from divisive language and acts that could incite intolerance or deteriorate the situation of minorities,” it says.
Several lawmakers from the Turkish delegation, as well as an Azerbaijani MP proposed adding to the text call for meeting “the demands of the Muslim community in the country for the construction of new mosques.” This proposed amendment was rejected by the Assembly.
PM to UNM: ‘Stop Partisan Struggle Against the State’
PACE was still debating on the draft resolution, when in Tbilisi PM Irakli Garibashvili expressed hope that the amendments, which were opposed by GD members of the delegation, would not have been added to the final text. He said that UNM, backed by its partner European People’s Party (EPP), “is very active there” at the PACE.
“Some amendments have been made [to the initial draft], but I think our delegation will respond to all the existing questions. Everyone should take into consideration reality that is in Georgia; the will of people has been expressed; we have different reality and I am sure [GD members of the delegation] will be able to demonstrate this reality as it is. I hope that – whether EPP or others – will not accept rumors and groundless allegations leveled by the [United] National Movement,” Garibashvili told journalists on October 1.
Next day, when commenting on the adopted text, PM Garibashvili said that there was no reason to make a stir because of this resolution. He suggested that it was passed because of EPP’s “solidarity” towards its partner party, UNM.
“They [EPP] expressed solidarity towards the issues that were pushed for by the UNM. In fact there is no reason whatsoever to create a stir about it. If you have seen the main text of resolution, it speaks only positively… The wording that was made in reference to Akhalaia and Saakashvili – I do not deem it alarming. This is yet another attempt by the UNM to fight against its own state, its own people… This [resolution] is an expression of political parties [representing in PACE] and they [UNM] portrays it as if it is a call by the Council of Europe,”
“These people [referring to UNM] now tell people that they have achieved adoption of an incredible resolution – they have achieved nothing. These people fight against the state… People know the reality… and they [UNM] are marginalizing themselves every day… Their reintegration into the society will be very difficult, so I call on them to stop this partisan struggle against their own state and people; what they are doing is damaging for the country; they fail to harm us by doing it, but they are damaging the state,” Garibashvili told journalists on October 2.
Giga Bokeria, a foreign secretary of the UNM party, said that PM’s such reaction was not a surprise. He said that Garibashvili’s rhetoric is similar to the one of “representatives of the authoritarian regimes, like Putin and others, for whom criticism from Europe amounts to state treason and action against the state, and who think that they are the state and fail to differentiate between the government and the country.”
