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Resolution 2015 (2014) Final version
The functioning of democratic institutions in Georgia
1. The Parliamentary Assembly welcomes
the smooth conduct of the 2012 parliamentary elections and the 2013
presidential elections in Georgia, which, despite a polarised and
acrimonious election environment, were largely democratic and in
line with European standards. These elections mark the first time
in Georgia’s recent history that the political power has changed
hands peacefully and democratically through the ballot box. All
the political forces should be congratulated on this achievement,
which should be an example for the whole region.
2. The otherwise smooth handover of power was accompanied by
a polarised and antagonistic political climate, especially during
the period of cohabitation between the then President Milheil Saakashvili
and the Georgian Dream coalition government. The Assembly regrets
that these tensions sometimes overshadowed the many positive changes
that were taking place in the democratic environment of Georgia.
The United National Movement (UNM) has reported that several thousand
of its activists and supporters were regularly interrogated and
intimidated by various investigative agencies (some up to 30 times).
A number of major opposition figures, including members of parliament,
were violently attacked. It should be noted that two years on, almost
the entire leadership of the former ruling party has been arrested
or is under prosecution or investigation: former Prime Minister
and UNM Secretary General, Vano Merabishvili, former Defence Minister, Bacho
Akhalaia, and former Tbilisi mayor and UNM campaign manager, Gigi
Ugulava, are in prison (pre-trial detention). The judicial authorities
have brought charges against the former President, Mikheil Saakashvili
– and ordered pre-trial detention in absentia – and have done the
same for former Defence Minister, David Keserashvili, and former
Minister of Justice, Zurab Adeishvili. The emergence of a strong
and experienced opposition, combined with a well-organised ruling
coalition, has strengthened the role of the parliament and parliamentarianism
in the political system in Georgia. Moreover, on a number of occasions,
the parliament has managed to find consensus solutions to major
political challenges. In the view of the Assembly, these are important
developments and a major evolution of the political environment
in the country.
3. The Assembly welcomes the comprehensive reforms announced
by the Georgian authorities, including constitutional reform, to
further strengthen the democratic institutions in the country and
to ensure a genuinely independent judiciary and an adversarial justice
system. In the view of the Assembly, it is important that all political
forces are consulted on, and can contribute to, these planned reforms.
4. With regard to the reform of the constitution, the Assembly:
4.1. calls on the parliament to ensure
that the changes to the constitution address all the remaining recommendations
of the European Commission for Democracy through Law (Venice Commission)
on the 2010 constitution, as well as the concerns of the Assembly
regarding the remaining ambiguities in the division of powers and
the systemic vulnerability to inter-institutional conflict;
4.2. urges all political forces to agree on an election system
that can count on a broad consensus and that strengthens the pluralism
of the country’s political institutions. In this respect, the Assembly
invites all stakeholders to consider the proportional-regional election
system, based on open lists, which seems to have the agreement of
most, if not all, political forces in the country;
4.3. urges all the parties concerned to refrain from adopting
amendments with contentious or divisive language or that would undermine
the rights of any minority in the country;
4.4. welcomes the establishment and composition of the State
Commission for Constitutional Reform as a clear sign that the authorities
wish to amend the constitution through a consensual and inclusive process
and calls on all stakeholders to contribute constructively to this
process;
4.5. recommends that the State Commission for Constitutional
Reform closely co-operate with the Venice Commission in the drawing
up of the constitutional amendments and request a formal opinion
by the Venice Commission on the proposed amendments before they
are adopted by parliament.
5. The Assembly recalls its concerns about the administration
of justice and the independence of the judiciary in Georgia. In
that respect, it welcomes the adoption of a comprehensive reform
package that aims to ensure genuine independence of the judiciary
and a truly adversarial justice system. The Assembly welcomes the
first signs that the judiciary is now working more independently.
However, it also notes that the proceedings in sensitive legal cases,
including against former members of government (some of whom are
leading members of the opposition), have revealed continuing vulnerabilities
and deficiencies in the justice system that need to be addressed.
Moreover, it regrets that the Georgian Parliament could not find
the consensus necessary to elect all of its six members in the High
Council of Justice. Further reforms of the judiciary, including of
the prosecution services, are therefore necessary. In this respect,
the Assembly:
5.1. suggests that
the parliament consider a further amendment to the organic law of
Georgia on the courts of general jurisdiction that would require
at least two rounds of voting, with sufficient time for negotiations
in between, before lowering the threshold from a two-thirds majority
to a simple majority to elect the parliament’s appointees to the
High Council of Justice. In the view of the Assembly, this will facilitate
and encourage agreement between the ruling majority and the opposition
on the members of the High Council of Justice elected by the parliament;
5.2. calls on the parliament to contemplate considerably lowering
the three-year probation period for judges to be appointed to a
life term of office, in order to bring it into line with European
standards;
5.3. urges the parliament to amend the law on administrative
offences with a view to removing the possibility of custodial sentences
for such offences;
5.4. while welcoming the recent decrease in its use, expresses
its concern about the continued widespread use of pre-trial detention
in Georgia. The Assembly emphasises that detention on remand should
only be used as a measure of last resort, when there is a clear
risk of absconding, interference with the course of justice, or
a serious risk that the person will commit a serious offence or
pose a threat to public order, and that it should not be used for
political purposes. It calls on the authorities to adopt clear guidelines
for the prosecution and courts for the use of detention on remand,
in order to ensure full adherence with the requirements of Article
5 of the European Convention on Human Rights (ETS No. 5) and Committee
of Ministers Recommendation Rec(2006)13 on the use of remand in
custody, the conditions in which it takes place and the provision
of safeguards against abuse;
5.5. expresses concern over the widespread application of asset
freezing to family members of opposition figures and former government
officials in criminal cases not involving allegations concerning illicit
assets;
5.6. urges the Georgian authorities to implement fully the
provisions of the Code of Criminal Procedure on witness testimonies
and jury trials.
6. The Assembly notes that the media reforms initiated by the
authorities are considered by the Representative for the Freedom
of the Media of the Organization for Security and Co-operation in
Europe (OSCE) to be an improvement over previous legislation and
in line with international standards. The Assembly welcomes the
fact that these reforms address several of its previous recommendations.
It regrets that these reforms were unnecessarily politicised in
the tense pre-electoral political environment.
7. The Assembly expresses its concern about the apparent politicisation
of the public broadcaster and the recent difficulties experienced
by the parliament in appointing an independent and impartial board
of trustees to oversee its work. It considers this to be a signal
that both the majority and the opposition in parliament are attempting
to politicise the composition and work of the board of trustees
and ultimately the public broadcaster itself. Further amendments
to the Law on Broadcasting need to be adopted, obliging the parliament
to appoint a board of trustees on the basis of the candidates proposed
by the independent and impartial public selection committee that
is foreseen in the law. In this context, the Assembly urges the
Georgian Parliament to adopt the transitional measures necessary
to implement the Constitutional Court decision with regard to the
dismissal of the previous board of trustees.
8. With regard to the recently adopted organic law on local self-government,
the Assembly:
8.1. welcomes the
fact that all gamgebeli and mayors of self-governing cities are
now directly elected. In this respect, it suggests also considering
the election of regional governors;
8.2. expresses its concern about the provisions that allow
for the impeachment by local councils of mayors and gamgebeli on
any grounds. The Assembly considers that the impeachment of directly elected
local officials, as well as the grounds on which this can be initiated,
should be clearly prescribed and circumscribed by law;
8.3. takes note that this law, which affects the election procedure
in local elections, was adopted only a few months before local elections
were due to take place.
9. The Assembly takes note of the numerous changes in local governments
in Georgia as a result of local councillors and city officials resigning
or switching sides following the change of power at national level.
While resignations and switching between parties is part of the
democratic process, it is unacceptable if it is the result of duress.
The Assembly is therefore seriously concerned by credible reports
that a number of these changes were the result of undue pressure
on local United National Movement (UNM) activists by supporters
of the ruling coalition. The Assembly is also concerned by reports
of violent disturbances of the campaign activities of the UNM, allegedly
by Georgian Dream supporters, as well as reports that a considerable
number of opposition candidates in the local elections, mainly from
the UNM, withdrew their candidatures, allegedly under pressure from
the authorities. There can be no place for such actions in a democratic
society. The authorities should take prompt and effective measures
to immediately halt such action and remedy the situation where necessary.
The leaders of the ruling majority should give a clear and unambiguous
signal to their supporters that any undue pressure on local officials,
and disturbances of the political activities of the opposition,
will not be tolerated.
10. The Assembly takes note of the large number of allegations
of possible criminal conduct by former government officials during
their tenure. At the same time, it is seriously concerned about
allegations that the arrests and prosecution of a number of former
government officials are politically motivated and amount to selective
and revanchist justice. The Assembly:
10.1. underscores that there can be no impunity for ordinary
crimes, including – and especially – those committed by government
officials and politicians, whether current or past;
10.2. calls on the Georgian authorities to ensure that the investigation
and prosecution of former government officials are conducted impartially,
transparently and in full respect of the principles of a fair trial,
as enshrined in the European Convention on Human Rights. It emphasises
that not only should selective or politically motivated justice
not take place, it should also be seen to be not taking place;
10.3. takes note of the charges filed against former President
Saakashvili and, while emphasising that no one is above the law,
urges the authorities to ensure that, given the charged political
climate in the country, the legal proceedings against him, including
requests for pre-trial detention, are not influenced by political
motivation;
10.4. urges the authorities to investigate fully and in a transparent
manner any allegations of improper conduct by law-enforcement agencies
or the prosecution in relation to these cases;
10.5. considers that the introduction of jury trials for former
government officials accused of having committed ordinary crimes
is an important and positive step to help guarantee the impartiality
of their trials;
10.6. taking into account the considerable tension in the political
environment created by these prosecutions, welcomes the suggestion
by the authorities of a possible amnesty for all but serious crimes committed
by former government officials;
10.7. expresses its concern about the length of the pre-trial
detention of former Defence Minister Bacho Akhalaia and asks the
authorities to use all legal means available to replace his detention
on remand with some other non-custodial precautionary measure.
11. The Assembly welcomes the peaceful and calm conduct of the
local elections on 15 June and 12 July 2014, which took place in
an improved electoral environment. However, it expresses its concern
about isolated violent incidents during the campaign period and
about the allegations of pressure on, and intimidation of candidates
to withdraw their candidatures, which created a charged and contentious
campaign environment. It calls on the authorities to carry out a
full and transparent investigation into the reports of pressure
on, and intimidation of candidates to withdraw and, if violations
are found, to prosecute perpetrators in line with Georgian legislation.
12. The Assembly underscores the importance of an independent
and impartial civil service. The alleged practice of hiring and
dismissing civil servants on the basis of party affiliation by both
previous and current governments runs counter to this principle
and should be stopped.
13. The Assembly takes note of the large number of complaints
filed by ordinary citizens with the prosecutor general for alleged
miscarriages of justice and abuses of the justice system under the
previous authorities, including forced plea bargaining, violations
of property rights and ill treatment while in prison. These allegations need
to be properly investigated and, if need be, addressed. However,
the Assembly wishes to underscore that any mechanism established
to address these allegations should be a judicial procedure that
fully respects the separation of powers, the independence of the
judiciary and the obligations of Georgia under the European Convention
on Human Rights.
14. The Assembly welcomes the law on the elimination of all forms
of discrimination that was adopted on 2 May 2014 and which significantly
enhances the legal framework for the protection of persons from discrimination.
It takes note of concerns by civil society that the draft law would
lack effective mechanisms to implement its provisions. The Assembly
therefore suggests that the authorities conduct a comprehensive evaluation
of the results of this law one year after its adoption, with a view
to improving the effectiveness of the implementation mechanisms
contained in it, if need be.
15. The increase of intolerant discourse and discriminatory acts
against minorities, especially sexual and religious minorities,
in Georgian society is of concern. The Assembly is concerned by
the lack of effective investigation and prosecution of hate crimes
against minorities. The authorities need to make clear that such behaviour
will not be tolerated and that any perpetrators of violent or discriminatory
acts will be prosecuted. There can be no impunity for such acts,
irrespective of who committed them. All stakeholders, and especially representatives
of political parties and institutions that hold high moral credibility
in Georgian society, should refrain from divisive language and acts
that could incite intolerance or adversely affect the situation
of minorities. The Assembly welcomes the adoption by the Georgian
Parliament in May of the new Human Rights Strategy and Action Plan.
16. With regard to the repatriation of the deported Meskhetian
population, the Assembly considers that the repatriation programme
has mostly focused on providing a legal repatriate status to the
eligible applicants and not on facilitating the actual repatriation
itself. In addition, the Assembly takes note of the long delays
in the granting of citizenship to those who have received repatriate
status. The Assembly therefore reiterates the need for a comprehensive
repatriation strategy and in that context welcomes the adoption
by the Georgian Government of a “State Strategy on Repatriation”.
17. The Assembly calls on the Georgian authorities to sign and
ratify, without further delay, the European Charter for Regional
or Minority Languages (ETS No. 148), which is an accession commitment
of Georgia to the Council of Europe. Noting the misconceptions that
exist in Georgian society regarding the charter, the Assembly recommends
that the Georgian authorities organise an awareness campaign, with
the involvement of civil society and the media, targeted at the
different stakeholders in this process, with a view to clarifying
the provisions of the charter and its requirements.
18. The Assembly expresses its concern about the systematic illegal
surveillance of citizens by the Georgian law-enforcement agencies,
which violates the country’s obligations under the European Convention
on Human Rights. While welcoming recent measures to address this
issue, the Assembly considers that comprehensive legislation is
urgently needed to regulate data collection and surveillance by
law-enforcement agencies.
19. The Assembly takes note of the report “Georgia in transition”
by Thomas Hammarberg, the European Union’s Special Adviser for Legal
and Constitutional Reform and Human Rights in Georgia and former
Council of Europe Commissioner for Human Rights, and supports its
conclusions and recommendations, as well as those contained in his
follow-up report.
20. Georgia has made marked progress in its democratic development
over recent years, although it has been overshadowed by the arrest
and prosecution of almost the entire leadership of the former government party
and former high officials, which raises questions about the possible
use of the justice system for political purposes. It is now important
for it to overcome the antagonism, polarisation and sense of revenge
that are still present in the political environment and for political
stakeholders to contribute constructively to the further democratic
consolidation of the country. The Assembly stands ready to assist
the Georgian authorities and Parliament in this work.