The Committee of Ministers of the Council of Europe has called on the Georgian authorities to revise legislation related to freedom of assembly and ensure a fully enabling environment for civil society organizations monitoring demonstrations and providing legal assistance to participants.
The appeal was included in a decision adopted during the Committee’s June 9–11 meeting on the supervision of the execution of judgments of the European Court of Human Rights, including the case of Makarashvili and Others v. Georgia.
In its decision, the Committee stressed that freedom of assembly is a fundamental right in a democratic society and, alongside freedom of expression, forms one of the foundations of democracy.
While noting that compensation awarded in the case had been paid, the Committee emphasized that further individual measures are required to ensure that the applicants can continue to participate freely in peaceful demonstrations. It added that such guarantees depend on progress in implementing broader reforms.
Addressing general measures, the Committee reiterated the importance of ensuring that any restrictions on the right to assembly comply with the principles of legality, necessity and proportionality. The deputies expressed “deep concern” over legislative and enforcement measures that may have a chilling effect on the exercise of freedom of assembly.
The Committee therefore called on the Georgian authorities to comprehensively revise relevant legislation and practices and bring them into line with the standards of the European Convention on Human Rights. The goal, it said, should be to prevent disproportionate or arbitrary administrative detention, criminal convictions, excessive sanctions and to ensure the overall fairness of proceedings related to demonstrations.
The deputies also encouraged the Georgian government to engage in meaningful consultations with relevant stakeholders and expert bodies of the Council of Europe during the reform process.
In addition, the Committee requested updated information on judicial and law enforcement practices concerning administrative arrests, detentions and convictions linked to demonstrations, along with relevant statistical data.
Recalling the important role of civil society in monitoring compliance with the European Convention on Human Rights and the implementation of Court judgments, the Committee also urged the authorities to ensure a fully enabling environment for non-governmental organizations that monitor public assemblies and provide legal support to protesters.
The decision comes amid growing international concern over restrictions on protest rights in Georgia. In recent years, authorities have introduced tougher penalties for violations related to demonstrations, including increased fines, administrative detention and, in some cases, criminal prosecution. Civil society groups have also raised concerns over legislation they say has narrowed the operating space for NGOs and limited access to funding.
The Committee of Ministers will continue monitoring Georgia’s implementation of the European Court of Human Rights judgment and the measures adopted to bring national legislation and practices into compliance with Council of Europe standards.
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