Michael O’Flaherty, the Council of Europe Commissioner for Human Rights, visited Georgia from January 21-23, to engage with Georgian Dream government officials and civil society about the state of human rights in the country. In his interview with Radio Free Europe’s Georgian Service, O’Flaherty expressed serious concerns over ongoing human rights abuses, including the lack of accountability for law enforcement and troubling new laws restricting protests and stigmatizing NGOs and LGBTI individuals.
I felt it was crucial for me to visit in order to fully understand how bad the situation is and how urgently we need to fix it
The Commissioner highlighted the urgent situation of journalist Mzia Amaglobeli, who has been on hunger strike since her arrest in early January. O’Flaherty called for her immediate release, stressing that the situation is “a matter of life and death.” He further criticized recent legislative developments and urged the Georgian authorities to ensure reforms respect international human rights standards.
Let’s begin with the key takeaways from your recent visit – you already issued a [rather damning] assessment of the situation, highlighting human rights violations, and provided recommendations on how to improve things. Do you see them being implemented?
I’ve been following the situation very closely since I took up this mandate in April 2024, and I’ve sent a number of letters expressing concern about legislative developments, among other issues. It is based on these problems, and others that have accumulated over that period, that I went to Georgia last week and spent a few days there. I didn’t just go to make recommendations – I went to better understand the situation, to see and experience what’s actually going on. I went to show solidarity with civil society, which is under extreme pressure. And, of course, I went to reinforce the recommendations I’ve been making for some time. Do I see things changing? I very much hope they will. I’m not asking for favors. I’m asking for respect for international human rights law. I’m asking for the implementation of judgments from the European Court of Human Rights, and all member states of the Council of Europe are duty-bound to respect that law and those judgments.
It’s curious that cases against civilians seem to be moving ahead, whereas those against security personnel don’t seem to be making progress at all
And where does the responsibility for these human rights shortcomings lie?
The actor with responsibility to deliver respect for human rights is the state. So, I’m speaking to the state. I’m talking about delivering accountability for accusations of criminal acts by police and other security forces. I’m asking for the release of Mzia Amaglobeli, who is currently on hunger strike. I want to return to that case because I’m very worried about her situation. I’m also calling for law reform, asking for necessary changes to the law on foreign influence and foreign funding, and the repeal of the law surrounding so-called family values.
And what has been their response so far? Do they have any counterarguments?
I can say that during my visit to Georgia last week, when meeting with different ministries and officials, I was listened to respectfully. Some points of view were presented, but nothing has caused me to change my mind on the positions I laid out in the statement I issued at the end of the visit. When I raised issues regarding the failure to deliver justice for accusations against security personnel, the response was that investigations are underway, and that these take time. That is a reasonable response, but at the same time, I have to observe that a number of cases against civilians have already proceeded to charges and trial. It’s curious to me that cases against civilians seem to be moving ahead, whereas those against security personnel don’t seem to be making progress at all.
You’ve been issuing your recommendations for a while now. Have any of them been acted upon? Have they taken your words to heart and tried to improve things? Do you see progress?
No, I don’t. In fact, the situation has worsened since April of last year. I’ve mentioned some examples, but there’s also the law regarding the tenure of public officials. There’s the recent changes to the administrative law, which, in some ways, have made protests harder, in a context that’s at odds with international human rights standards, including the European Convention on Human Rights. If what I ask for isn’t implemented, many of these situations will find their way to the European Court of Human Rights. I can’t predict the outcomes of such cases, but I think it would be wise for everyone to avoid having that day come.
It seems to me that you are returning from Georgia with more questions than answers. Is that so?
I came home with a great sense of concern. I’m very worried about the journalist in jail on hunger strike. We really need to move quickly to have her released. This is a matter of life and death. This is not just about imprisonment and freedom – it’s life and death. I very much hope the authorities will engage with the speed necessary in this very sensitive situation. Otherwise, I left Georgia with a sense of the extraordinary pressure being placed on civil society, which is trying to do its essential job. Our societies cannot thrive, they cannot function without a healthy civil society. The people in NGOs and other elements of civil society, including the media, are under dreadful pressure at the moment. I felt it was crucial for me to visit in order to fully understand how bad the situation is and how urgently we need to fix it. I want to assure you that I will stay very closely engaged. The situation of human rights in Georgia is, and will continue to be, a priority issue for me.
Interview by Vazha Tavberidze
