38 OSCE participating states have invoked the OSCE Vienna Mechanism expressing deep concern over human rights developments in Georgia since the November 28 announcement on withdrawal from the EU membership process, and inviting Georgia to engage in a constructive dialogue. The letter addressed to the Ambassador of Georgia Alexander Maisuradze on December 20 invited Georgia to provide concrete and substantive responses to a number of concerns, in line with its human dimension commitments.
Noting that there has been a “significant wave of peaceful protests in Georgia” the OSCE member states note that hundreds of people have been detained and ill-treated by the police, with dozens of cases of” interference and violence against journalists and media actors.”
These reported acts of harassment, physical or psychological abuse, the signatories say, may constitute human rights violations and abuses. They quote the Public Defender of Georgia who has denounced the disproportionate use of force against demonstrators “and suspects that unlawful violence against citizens is used as a form of punishment that may amount to acts of torture.”
“In addition, numerous NGOs have documented alleged human rights violations related to the ongoing protests, including against opposition politicians, civil society representatives, and journalists,” the letter says adding that “to date, despite documented cases of brutality, there have been no consequences for the law enforcement officers perpetrating these violations.”
The OSCE members further express “grave concerns for the reported human rights violations committed by law enforcement representatives and for the use of violence by unidentified groups against peaceful protestors, journalists and bystanders, which has remained unaddressed by law enforcement representatives.”
They also note that “the repeated failure to ensure accountability for perpetrators and to address incidents of undue violence, including those involving law enforcement officials, raises significant concerns” adding that in recent years “Georgian authorities have not taken sufficient measures to guarantee access to justice for victims or to thoroughly investigate and address such incidents.” The letter stresses: “This persistent pattern highlights a need for more robust mechanisms to prevent impunity and ensure justice.”
Underlining that “in the 1991 Moscow Document, OSCE participating States agreed that commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned” and noting “Georgia’s unsatisfactory response to international calls to respect the right to freedom of peaceful assembly, association, and freedom of expression for the people in Georgia, and to release arbitrarily detained demonstrators” the OSCE members say they are invoking the Vienna (Human Dimension) Mechanism, along with the commitments and responsibilities of Georgia under that Mechanism.
The signatories list their concerns, such as freedom of peaceful assembly, arbitrary arrests and detentions, targeting of political opposition, targeting of journalists, and mistreatment that may constitute torture.
Taking into account the relevant obligations of Georgia under international law and OSCE commitments, the signatories request concrete and substantial responses in writing within ten days, in accordance with the Vienna (Human Dimension) Mechanism. Among other issues, detailed answers are requested to the following:
- What steps been taken by the Georgian authorities to investigate allegations that the right to freedom of peaceful assembly is being violated, that individuals are being arbitrarily detained or arrested, including individuals not participating in the protests, and that police have been acting without clear identification as required by Georgian law?
- What steps been taken to investigate all allegations of torture and cruel, inhumane or degrading treatment or punishment?
- What steps been taken to investigate allegations of violence against peaceful protestors, journalists, media actors and bystanders by unidentified groups as well as allegations of deliberate inaction by law enforcement officials in response to these occurrences?
- What steps been taken to ensure the ability of civil society, journalists and media actors to freely document and report, without reprisal or risk to their personal health and safety, on the ongoing protests in Georgia?
- What steps been taken to ensure that opposition parties and politicians can continue their political activities without threats or violence? What measures are in place to safeguard political plurality and democratic principles?
The letter is signed by: Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxemburg, Montenegro, The Netherlands, North Macedonia, Norway, Poland, Portugal, Moldova, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, the United States of America and Ukraine.
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