“This week, the delegation led by Rolande Price, Regional Director for the South Caucasus of the World Bank, and Sameh Vahban, Director of the Planetary Department for Europe and Central Asia, made a successful business trip to Azerbaijan to discuss our country program.”
Day: September 20, 2024
At its meeting on September 17-19, the Committee of Ministers of the Council of Europe discussed the implementation of ECHR judgments by member states, including Georgia. The Committee published the European Court of Human Rights latest case-by-case decisions, including Georgian cases related to violence against LGBTI persons and gender recognition, as well as on two interstate cases of Georgia v. Russia.
Identoba and Others group v. Georgia
The case of Identoba and others v. Georgia concerns the failure of State authorities to protect against homophobic or religiously motivated attacks, and in some cases official connivance and acquiescence in such acts, as well as police abuse with homophobic/transphobic bias and the absence of effective investigations into such cases.
The Committee of Ministers urged the Georgian authorities to promptly complete all reopen investigations, establish responsibility and grant victim status to all applicants without delay. They underlined the importance of taking into account the findings of the Court, examining the motives of bias and addressing the risks of loss of evidence. They also called for the expediting of the criminal trial in the Mikeladze and others case and requested detailed updates on each investigation.
In addition, in regards the case of Georgian Muslim Relations and Others, the Committee “invited the authorities to provide also the information whether the first applicant has been enabled to use the boarding school building without any impediment and whether the domestic court decision to connect the school building to the sewerage system has been enforced.”
The Committee of Ministers expressed deep concern about Georgia’s draft constitutional law and the legislative package on “Protection of Family Values and Minors”, which restrict freedom of expression and assembly on LGBTI issues. They warned that the adoption of such legislation could undermine Georgia’s compliance with ECHR judgments. The Committee urged the Georgian authorities not to adopt this legislative package and to avoid any further steps that could violate the country’s obligations under the Convention and related jurisprudence.
Recalling the State’s responsibility to uphold equality, pluralism, tolerance and open-mindedness, the Committee deplored that more than 12 years after the events in the case of Identoba and others, LGBTI persons in Georgia still face large-scale hate violence and are unable to fully exercise their right to freedom of assembly.
The Committee urged the Georgian authorities to demonstrate a firm commitment to combating hate-motivated violence and impunity by “conveying an unambiguous zero-tolerance message at the highest level towards any form of discrimination and hate crime, duly and urgently bringing to justice organizers and instigators of hate violence and taking heightened protection and prevention measures to ensure that the rights to the freedom of assembly and religion are effectively enjoyed by LGBTI people and religious minorities.”
The Committee also regretted the lack of statistical data on allegations of hate crimes and detailed information on the proposed specialized system to investigate such crimes. It urged the Georgian authorities to provide this information in order to assess the effectiveness of current and planned measures. The Committee will return to this issue in March 2025, and if no substantial progress is reported by then, an interim resolution may be considered.
A.D. and Others v. Georgia
The case of A.D. and Others v. Georgia highlights the lack of prompt and transparent procedures for legal gender recognition. The Committee of Ministers regretted that the Georgian authorities have not yet addressed the applicants’ individual situations, in violation of their obligations under the European Court’s judgment. They urged the authorities to take immediate steps to register the applicants’ changes of gender marker in their official documents, in order to end their continued uncertainty.
The Committee of Ministers once again expressed deep concern about the anti-LGBTI legislative package, which introduces a complete ban on legal gender recognition in Georgia. They emphasized that the adoption of such legislation could jeopardize Georgia’s compliance with its obligations under the judgments of the ECHR. The Committee strongly urged the authorities not to proceed with this legislation and called for the establishment of a clear legal framework that would facilitate prompt, transparent and accessible procedures for changing gender markers in accordance with the Convention and relevant jurisprudence.
The Committee also stressed the importance of national authorities applying the Convention’s standards in practice and encouraged capacity-building efforts inspired by measures taken by other Member States. It invited the Georgian authorities to make use of the Council of Europe’s resources and expertise in developing the necessary legislative framework, while ensuring the active involvement of civil society. The Committee requested an updated action plan addressing these issues by April 20, 2025 and plans to revisit the case during the meeting scheduled for September 2025.
Georgia v. Russia (I)
In the case of Georgia v. Russia (I), the Committee of Ministers emphasized that despite the Russian Federation’s departure from the Convention on September 16, 2022, it remains bound by its obligations, including the implementation of European Court judgments as per Article 58. The Committee continues to supervise the execution of relevant judgments, noting that the European Court had ordered Russia to pay EUR 10 million to the Georgian government for non-pecuniary damages suffered by at least 1,500 Georgian nationals. Furthermore, the Georgian government is required to establish an effective mechanism for distributing these funds to the individual victims.
In June 2023, the Chair of the Committee publicly urged Russia to comply with its international obligations and pay the ordered compensation. However, the Committee expressed deep disappointment over the Russian authorities’ lack of response to interim resolutions and decisions, despite efforts from the CoE Secretary General to communicate these obligations. The Committee reiterated its profound concern regarding the non-payment of just satisfaction and default interest, which has accrued over five years since the payment deadline of April 30, 2019. As of September 17, 2024, the total amount owed by Russia reached EUR 12,503,972.60.
The Committee strongly insisted on Russia’s unconditional obligation under Article 46 of the Convention to fulfill the payment and expressed that delays deprive individual victims of necessary compensation. They urged the Russian authorities to pay the owed sums without further delay and invited member States to consider all means to ensure compliance. The Committee decided to revisit this case during the meeting scheduled for September 2025.
Georgia v. Russia (II)
In the case of Georgia v. Russia (II), the Committee of Ministers recalled the European Court’s findings that Russia exercised jurisdiction over Abkhazia and Tskhinvali region during the occupation phase following the August 2008 armed conflict. The Court identified several administrative practices violating various Convention articles, including the targeted killing of civilians based on ethnicity, the destruction of homes in Georgian villages, inhumane detention conditions for Georgian civilians, arbitrary detentions, acts of torture against Georgian prisoners of war, and the inability of Georgian nationals to return to their homes in these regions.
The Court also highlighted procedural violations, noting Russia’s failure to conduct adequate investigations into events both during and after the hostilities, as well as its failure to comply with Article 38 regarding the provision of necessary facilities for the Court’s fact-finding mission. These findings underscore the serious human rights violations that occurred during the conflict and the continuing need for accountability and justice for those affected.
The Committee of Ministers noted that, in its judgment on just satisfaction of April 28, 2023, the European Court ordered the Russian Federation to pay the Government of Georgia more than EUR 129 million for non-pecuniary damage related to various violations of the Convention, to be distributed to individual victims under the supervision of the Committee within 18 months. However, no payment had been made by the deadline of July 28, 2023, prompting the Committee to reiterate Russia’s unconditional obligation under Article 46 to make this payment. The decision emphasized that interest on arrears continues to accrue, bringing the total amount owed to EUR 141,183,849.33 as of September 17, 2024, and urged the Russian authorities to make the payment, together with accrued interest, without further delay.
The Committee of Ministers expressed firm disapproval of the persistent lack of information from the Russian Federation regarding concrete measures taken to execute the European Court’s judgment, despite previous communications urging compliance. It also stressed the need for urgent action to address and eliminate the root causes of the grave violations identified, urging the Russian authorities to conduct thorough, independent, and effective investigations into serious crimes committed during the armed conflict and the subsequent occupation to hold perpetrators accountable.
Additionally, the Committee reiterated its deep concern about the inability of Georgian nationals to return to their homes in Tskhinvali region and Abkhazia. It stated that Russia, as the controlling power in these regions, must take immediate measures to prevent violence and ensure the safe movement and return of Georgian nationals. The Committee called for information on steps taken to prevent future violations of Article 38 and decided to revisit the case at their meeting in September 2025.
Under Article 46 of the European Convention on Human Rights, judgments from the European Court of Human Rights are binding on the states concerned. The Committee of Ministers oversees the execution of judgments on the basis of information provided by the national authorities concerned, civil society organizations, National Human Rights Institutions (NHRIs) and other interested parties.
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European Union Ambassador to Georgia Paweł Herczyński, after meeting with the local election monitoring organization ISFED today, September 20, spoke to the media about the importance of the upcoming parliamentary election and its role in determining Georgia’s EU prospects.
Reiterating the need for “free, fair, competitive, transparent and inclusive elections,” Amb. Herczyński called on all political parties – especially the Government – to ensure a peaceful campaign. “Of course, the Government has an additional responsibility to ensure that the elections are conducted in accordance with the best international standards,” Amb. Herczyński stressed.
The Ambassador emphasized the EU’s support for civil society organizations, particularly those monitoring the elections. He described their role as “key” to ensuring the highest electoral standards.
Herczyński expressed optimism about post-election reforms, saying that the EU hopes that after the elections “we will have a new government and whoever will win the elections…this new government will restart reforms needed for Georgia to advance on the EU path.”
On Temporary Suspension of Visa Free Regime
Asked to comment on the EU External Action Service Spokesperson earlier statement on the possible suspension of visa-free travel for Georgian citizens, an issue that has re-appeared weeks later in the ongoing discourse, the Ambassador said: “In case things deteriorate, of course, we are in a position to use different elements of our toolbox and the temporary suspension of the visa free regime is one of them.” He also reiterated that the EU has “all options on the table” to act accordingly to the country’s developments.
On Setback on Reforms
The Ambassador lamented Georgia’s backsliding on reforms: “We are clearly concerned that instead of introducing reforms that would bring Georgia closer to the European Union, unfortunately, in the recent months, we had several developments that are increasing the distance between Georgia and the European Union,” he said.
On “Non-Negotiable” Principles for EU Membership
Hoping that the elections will lead to a “celebration of democracy,” the Ambassador called for a high voter turnout. “We would strongly encourage everyone to vote. This is a constitutional right, but this is also a civic duty to take part in elections.” He added: “It is for Georgians to decide in what country they want to live.” But if Georgia wants to return to the EU path, Amb. Herczyński stressed “the basic principles” are “non-negotiable” and the government must respect them. Among them, the Ambassador mentioned the rule of law, respect for human rights, stressing in particular the rights of minorities.
On Belarus-Like Scenario
The Ambassador stressed many times the importance of free and fair elections, which he said the EU will respect, but in case this will not be the case, so if the elections are not free and fair, he said the EU will have to apply other measures that the Union had previously applied to other countries, including Belarus. “The elections in Belarus were stolen and this is why we have introduced a wide range of different measures,” he said, adding this is the “worst-case scenario” and that the EU still hopes that elections will be free and fair and that the EU is ready to work with any government that will be elected after the elections.
On Opening EU Accession Talks “Highly Unlikely”
Asked about Georgia’s prospects about opening the EU accession talks, the Ambassador said that the chance of the European Commission to issue a positive recommendation on opening the accession talks with Georgia is “highly unlikely.” He said: “We have wasted so much time, practically the whole year. Instead of necessary reforms, we had unfortunate events.”
He also noted that the gap between Georgia on the one hand and Ukraine and Moldova on the other hand got bigger “instead of getting smaller.” But he added that “this can be reversed” only if after the elections the government will restart “hard work” to bring Georgia back on the EU path. “As the European Union we stand ready to help, to support, to assist any government that will be created after the elections,” he said.
On Ivanishvili “Apology” Statement
The EU Ambassador declined to comment about Bidzina Ivanishvili’s statement that Georgia should apology to Ossetians for the August war. He stressed the EU’s support for Georgia’s sovereignty and territorial integrity and added that it is Russia, which stands behind chaos and destruction, which according to him is visible not only in Georgia, but also in Ukraine and other places worldwide.
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Georgian leader’s ‘apology’ for 2008 war could be a win for Russia, experts say. Georgian PM Bidzina Ivanishvili after a bilateral meeting in the EU Commission headquarter in Brussels, Belgium on Nov. 12, 2012. by Nate Ostiller @NateOstiller https://t.co/6eua0aUtOl
— Notes from Georgia/South Caucasus (Hälbig, Ralph) (@SouthCaucasus) September 20, 2024