Day: May 23, 2024
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On May 22, the French National Assembly adopted a resolution on Georgia condemning the illiberal drift of the Georgian government, supporting Georgia’s European destiny, and “strongly urging” the Georgian government to repeal the foreign agents law.
Taking into account the fundamental freedoms of opinion, expression, association and peaceful assembly enshrined in the Georgian Constitution, the restrictive nature of the foreign agents law on democracy, human rights and the rule of law in the country, Georgia’s candidate status and the importance of a free civil society in combating disinformation against the EU, as well as the incompatibility of the foreign agents law with EU values and democratic principles, the resolution:
- Affirms its “unwavering support” for the people of Georgia in their European aspirations and their will to live in a prosperous country that “fights corruption, protects human rights and respects the independence of the media;”
- Condemns the police crackdown on demonstrators protesting against the foreign agents law, the arbitrary detentions, and the campaign of intimidation and harassment against opponents of the government and representatives of civil society, and reaffirms the right of the Georgian people to demonstrate freely.
- Storngly urges the repeal of the Foreign Agents Law, as it jeopardizes the free functioning of civil society organizations and the existence of independent media, and is incompatible with European values and thus with Georgia’s EU accession path;
- Calls on the Georgian government to implement the recommendations of the Urgent Opinion of the Venice Commission on the foreign agents law;
- Believes that the EU should not open accession negotiations with Georgia if the Foreign Agents law is adopted;
- Calls on the Georgian government to adopt reforms that will strengthen the rule of law and the fight against corruption “in order to reduce the dominant role of oligarchs in Georgian public life.”
- Condemns the persecution of journalists and the government’s opponents, including the former President Mikheil Saakashvili;
- Considers that the Foreign Agents law contradicts first, second and the ninth conditions set for Georgia by the European Commission;
- Calls on the Georgian Government to reaffirm Georgia’s European commitment, to adopt the necessary reforms and to strengthen the rule of law, democracy and fundamental freedoms, and to meet all the conditions set for the country after it was granted the EU candidate status;
- Asks the European Commission to present an interim on Georgia’s progress in implementing the nine steps.
Also Read:
- 22/05/2024 – Lithuanian Parliament Adopts Resolution Calling on Georgian Gov’t to Withdraw Agents’ Law
- 22/05/2024 – Ambassador Fischer: “If Agents’ Law Passes, Germany Will Not Vote to Open EU Accession Negotiations with Georgia”
- 19/05/2024 – German, French Leaders Say Georgian Government, Ruling Party “Deviate” from EU Path
On May 23, the President of Georgia Salome Zurabishvili held a meeting with the Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Matteo Mecacci. During the meeting, the President discussed the potential impact of the Foreign Agents Law on Georgia’s democracy and the European integration.
According to her administration, the President stressed the importance of maintaining peaceful and stable pre-election environment. President Zurabishvili once again emphasized the importance of the partners’ support and the continuation of high-level visits, which will be “a great incentive for the Georgian people and a sign that Georgia is on its way to Europe together with our partners and with their support.”
The President’s administration reports that the OSCE/ODIHR is ready to deploy long as well as short term monitoring missions in Georgia. According to the same source the ODIHR Director also expressed readiness to strengthen support to the development of Georgia’s democratic institutions.
At the meeting, the President once again reiterated that she will veto any law that goes against Georgia’s European integration path.
Recently representatives of the Needs Assessment Mission of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) visited Georgia, holding separate meetings with the opposition MPs from the political parties and groups in the Parliament Girchi, Euro-Optimists, For National and Democratic State, Lelo-Partnership for Georgia, Citizens.
Also Read:
On May 23, the European Court of Human Rights ruled in the case of Saakashvili v. Georgia that there is no reason to doubt the fairness of the criminal proceedings against former Georgian President Mikheil Saakashvili.
The case of Saakashvili v. Georgia concerned two separate criminal proceedings against former Georgian President Mikheil Saakashvili. He appealed to the ECHR in 2020 against two guilty verdicts handed down against him by the Tbilisi City Court in 2018. The first proceeding concerned a guilty verdict against him for an attack on former MP Valeri Gelashvili in 2005, and the second also concerned another guilty verdict against him for pardoning in 2008 four former high-ranking officers of the MIA who had been convicted in the Sandro Girgvliani murder case. Both proceedings took place after 2012, when a newly formed government declared that investigating abuses would be a top priority.
In a Chamber judgment in the case, the ECHR unanimously held that there had been no violation of Article 6 §§ 1 and 3 (d) (right to a fair trial/right to the attendance and examination of witnesses) of the European Convention on Human Rights, either in the way the national courts had dealt with the evidence against Mr. Saakashvili, or in the alleged lack of independence or impartiality of the judge who heard the second criminal case against him; and, by 5 votes to 2, that there had been no violation of Article 7 (no punishment without law) of the European Convention. Saakashvili “could reasonably have foreseen”, in the particular circumstances of the case, that using his power of pardon to pervert the course of justice in a murder case would render him criminally liable under Georgian law.
The Court also rejected as inadmissible Saakashvili’s complaints under Article 18 (limitation on use of restrictions on rights) of the Convention. It found that he had not substantiated his allegation that there had been an ulterior motive – hindering his participation in Georgian politics – behind his prosecution.
“The authorities’ honest desire was to bring the applicant to justice for his wrongdoing and that, in the absence of sufficient evidence to the contrary, the allegation of an ulterior motive is unsubstantiated,” the judgement reads.
Under Articles 43 and 44 of the Convention, this Chamber judgment is not final. During the three-month period following its delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day.
On May 22, the French National Assembly adopted a resolution on Georgia condemning the illiberal drift of the Georgian government, supporting Georgia’s European destiny, and “strongly urging” the Georgian government to repeal the foreign agents law.
Taking into account the fundamental freedoms of opinion, expression, association and peaceful assembly enshrined in the Georgian Constitution, the restrictive nature of the foreign agents law on democracy, human rights and the rule of law in the country, Georgia’s candidate status and the importance of a free civil society in combating disinformation against the EU, as well as the incompatibility of the foreign agents law with EU values and democratic principles, the resolution:
- Affirms its “unwavering support” for the people of Georgia in their European aspirations and their will to live in a prosperous country that “fights corruption, protects human rights and respects the independence of the media;”
- Condemns the police crackdown on demonstrators protesting against the foreign agents law, the arbitrary detentions, and the campaign of intimidation and harassment against opponents of the government and representatives of civil society, and reaffirms the right of the Georgian people to demonstrate freely.
- Storngly urges the repeal of the Foreign Agents Law, as it jeopardizes the free functioning of civil society organizations and the existence of independent media, and is incompatible with European values and thus with Georgia’s EU accession path;
- Calls on the Georgian government to implement the recommendations of the Urgent Opinion of the Venice Commission on the foreign agents law;
- Believes that the EU should not open accession negotiations with Georgia if the Foreign Agents law is adopted;
- Calls on the Georgian government to adopt reforms that will strengthen the rule of law and the fight against corruption “in order to reduce the dominant role of oligarchs in Georgian public life.”
- Condemns the persecution of journalists and the government’s opponents, including the former President Mikheil Saakashvili;
- Considers that the Foreign Agents law contradicts first, second and the ninth conditions set for Georgia by the European Commission;
- Calls on the Georgian Government to reaffirm Georgia’s European commitment, to adopt the necessary reforms and to strengthen the rule of law, democracy and fundamental freedoms, and to meet all the conditions set for the country after it was granted the EU candidate status;
- Asks the European Commission to present an interim on Georgia’s progress in implementing the nine steps.
Also Read:
- 22/05/2024 – Lithuanian Parliament Adopts Resolution Calling on Georgian Gov’t to Withdraw Agents’ Law
- 22/05/2024 – Ambassador Fischer: “If Agents’ Law Passes, Germany Will Not Vote to Open EU Accession Negotiations with Georgia”
- 19/05/2024 – German, French Leaders Say Georgian Government, Ruling Party “Deviate” from EU Path
On May 23, the President of Georgia Salome Zurabishvili held a meeting with the Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Matteo Mecacci. During the meeting, the President discussed the potential impact of the Foreign Agents Law on Georgia’s democracy and the European integration.
According to her administration, the President stressed the importance of maintaining peaceful and stable pre-election environment. President Zurabishvili once again emphasized the importance of the partners’ support and the continuation of high-level visits, which will be “a great incentive for the Georgian people and a sign that Georgia is on its way to Europe together with our partners and with their support.”
The President’s administration reports that the OSCE/ODIHR is ready to deploy long as well as short term monitoring missions in Georgia. According to the same source the ODIHR Director also expressed readiness to strengthen support to the development of Georgia’s democratic institutions.
At the meeting, the President once again reiterated that she will veto any law that goes against Georgia’s European integration path.
Recently representatives of the Needs Assessment Mission of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) visited Georgia, holding separate meetings with the opposition MPs from the political parties and groups in the Parliament Girchi, Euro-Optimists, For National and Democratic State, Lelo-Partnership for Georgia, Citizens.
Also Read:
On May 23, the European Court of Human Rights ruled in the case of Saakashvili v. Georgia that there is no reason to doubt the fairness of the criminal proceedings against former Georgian President Mikheil Saakashvili.
The case of Saakashvili v. Georgia concerned two separate criminal proceedings against former Georgian President Mikheil Saakashvili. He appealed to the ECHR in 2020 against two guilty verdicts handed down against him by the Tbilisi City Court in 2018. The first proceeding concerned a guilty verdict against him for an attack on former MP Valeri Gelashvili in 2005, and the second also concerned another guilty verdict against him for pardoning in 2008 four former high-ranking officers of the MIA who had been convicted in the Sandro Girgvliani murder case. Both proceedings took place after 2012, when a newly formed government declared that investigating abuses would be a top priority.
In a Chamber judgment in the case, the ECHR unanimously held that there had been no violation of Article 6 §§ 1 and 3 (d) (right to a fair trial/right to the attendance and examination of witnesses) of the European Convention on Human Rights, either in the way the national courts had dealt with the evidence against Mr. Saakashvili, or in the alleged lack of independence or impartiality of the judge who heard the second criminal case against him; and, by 5 votes to 2, that there had been no violation of Article 7 (no punishment without law) of the European Convention. Saakashvili “could reasonably have foreseen”, in the particular circumstances of the case, that using his power of pardon to pervert the course of justice in a murder case would render him criminally liable under Georgian law.
The Court also rejected as inadmissible Saakashvili’s complaints under Article 18 (limitation on use of restrictions on rights) of the Convention. It found that he had not substantiated his allegation that there had been an ulterior motive – hindering his participation in Georgian politics – behind his prosecution.
“The authorities’ honest desire was to bring the applicant to justice for his wrongdoing and that, in the absence of sufficient evidence to the contrary, the allegation of an ulterior motive is unsubstantiated,” the judgement reads.
Under Articles 43 and 44 of the Convention, this Chamber judgment is not final. During the three-month period following its delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day.
