Draft resolution
1The Parliamentary Assembly welcomes the smooth conduct
of the 2012 parliamentary and 2013 presidential elections in Georgia,
which, despite a polarised and acrimonious election environment,
were overall 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.
Tabled by Ms Guguli MAGRADZE, Mr Ivan POPESCU, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Gvozden Srećko FLEGO
In the draft resolution, paragraph 1, replace the first sentence with the following sentence:
"The Parliamentary Assembly welcomes the smooth handover of power after the 2012 parliamentary elections, despite a polarised and acrimonious election environment. The Assembly particularly welcomes the 2013 presidential elections in Georgia, which were democratic and in line with European standards."
2The 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 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. The parliament has held ministers accountable, modified
government policies and, on several occasions, used its right of
initiative to introduce new legislation. Moreover, on a number of
occasions, it 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.
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Gvozden Srećko FLEGO, Mr Tadeusz IWIŃSKI
In the draft resolution, paragraph 2, replace the first and second sentences with the following sentences:
"The otherwise smooth handover of power was accompanied by a polarised and antagonistic political climate caused by the oppression of the opposition and the free media during the 2012 electoral campaign and widespread human rights abuses and corruption under the previous government, which led to more than 20,000 citizen complaints being lodged within the first 2 months of the new government. The period of cohabitation between the then President Mikheil Saakashvili and the Georgian Dream coalition government was challenging. The Assembly regrets that tensions sometimes overshadowed the many positive changes that took place in the democratic environment of Georgia, but recognises the efforts made by the Georgian authorities to overcome this polarisation by offering an amnesty to former government officials accused of abuses and by maintaining continuity within the professional civil service. The Assembly also notes the successes of this historic period of cohabitation with numerous bipartisan initiatives approved by the Parliament such as the Resolution on Foreign Policy of March 2013."
Tabled by Ms Marietta de POURBAIX-LUNDIN, Mr Emanuelis ZINGERIS, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA, Mr Valeriu GHILETCHI, Ms Liliana PALIHOVICI, Mr Volodymyr ARIEV, Ms Doris FIALA, Mr Arkadiusz MULARCZYK, Mr Mariusz KAMIŃSKI, Mr Bernd FABRITIUS, Mr Margus HANSON, Mr Antti KAIKKONEN, Mr Pedro AGRAMUNT, Mr Axel FISCHER, Mr Kimmo SASI, Mr Pieter OMTZIGT, Mr Henryk CIOCH
In the draft resolution, paragraph 2, after the second sentence, insert the following sentence:
"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."
Tabled by Ms Marietta de POURBAIX-LUNDIN, Mr Emanuelis ZINGERIS, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA, Mr Valeriu GHILETCHI, Ms Liliana PALIHOVICI, Mr Volodymyr ARIEV, Ms Doris FIALA, Mr Arkadiusz MULARCZYK, Mr Mariusz KAMIŃSKI, Mr Bernd FABRITIUS, Mr Margus HANSON, Mr Pedro AGRAMUNT, Mr Axel FISCHER, Mr Kimmo SASI, Mr Pieter OMTZIGT, Mr Henryk CIOCH
In the draft resolution, paragraph 2, after the second sentence, insert the following sentence:
"It has to be noted that 2 years on, almost the entire leadership of the former ruling party has been arrested or is under prosecution or investigation: former PM and UNM Secretary General, Vano Merabishvili, former Defence Minister, Bacho Akhalaia, and former Tbilisi mayor and UNM campaign mangager, Gigi Ugulava, are in prison (pre-trial detention). The former President, Mikheil Saakashvili, has also been charged and sentenced to pre-trial detention in absentia as well as former Minister of Defence, David Keserashvili, and former Minister of Justice, Zurab Adeishvili."
Tabled by Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA, Mr Bernd FABRITIUS, Mr Valeriu GHILETCHI, Ms Chiora TAKTAKISHVILI
In paragraph 2, delete the fourth sentence.
3The 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.
Tabled by Mr Emanuelis ZINGERIS, Ms Chiora TAKTAKISHVILI, Ms Ana GUŢU, Mr Volodymyr ARIEV, Mr Giorgi KANDELAKI
In the draft resolution, after paragraph 3, insert the following paragraph:
"The Assembly expresses its concern over the reported interference by the former Prime Minister and the founder of the ruling coalition, Bidzina Ivanishvili, in the Georgian Government's decision making. Not holding any office since his resignation in 2013, Mr Ivanishvili stands outside the constitutional framework. Senior ministers, including the Prime Minister, have publicly confirmed that they regularly "consult" Mr Ivanishvili."
4With regard to the reform of the Constitution, the Assembly:
4.1calls 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;
4.2urges all political forces to agree on an election system
that can count on a broad consensus and that strengthens the pluralistic
nature 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;
4.3urges 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;
4.4welcomes the establishment and composition of the State
Commission for Constitutional Reform as a clear sign that the authorities
wish to amend the Constitution in an consensual and inclusive process and
calls on all stakeholders to contribute constructively to this process;
4.5recommends 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.
5The Assembly recalls its concerns about the independence of
the judiciary and administration of justice in Georgia. In that
respect, it welcomes the adoption of a comprehensive reform package
for the judiciary and justice system that aims to ensure genuine
independence of the judiciary and a truly adversarial justice system. The
Assembly welcomes signals that the judiciary is now working more
independently. However, it also notes that the proceedings in sensitive
legal cases, including against former government members, 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:
(If adopted, amendment 26 falls)
Tabled by Ms Guguli MAGRADZE, Mr Ivan POPESCU, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Gvozden Srećko FLEGO
In the draft resolution, replace paragraph 5 with the following paragraph:
"The Assembly reiterates the importance of continued reforms to ensure the independence of the judiciary and the administration of justice in Georgia. In that respect, it welcomes the adoption of a comprehensive reform package for the judiciary and the justice system that aims to ensure genuine independence of the judiciary and a truly adversarial justice system. The Assembly welcomes signals that the judiciary is now working more independently. However, continuing vulnerabilities and deficiencies in the justice system need to be addressed. The Assembly welcomes the continued strong commitment of all relevant authorities to continue reform and to implement adopted reforms. However, 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:"
(Falls if amendment 9 is adopted)
Tabled by Ms Marietta de POURBAIX-LUNDIN, Mr Emanuelis ZINGERIS, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA, Mr Valeriu GHILETCHI, Ms Liliana PALIHOVICI, Mr Volodymyr ARIEV, Ms Doris FIALA, Mr Arkadiusz MULARCZYK, Mr Henryk CIOCH, Mr Mariusz KAMIŃSKI, Mr Bernd FABRITIUS, Mr Margus HANSON, Mr Antti KAIKKONEN, Mr Pedro AGRAMUNT, Mr Axel FISCHER
In the draft resolution, paragraph 5, fourth sentence, after the words "former government members", insert the following words:
"and opposition figures".
Tabled by the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
In amendment 26, replace the words "and opposition figures" with the following words:
"(some of them being leading opposition members)".
5.1suggests
that the parliament considers 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;
5.2calls 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;
Tabled by Ms Guguli MAGRADZE, Mr Ivan POPESCU, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Gvozden Srećko FLEGO, Ms Nataša VUČKOVIĆ
In the draft resolution, delete paragraph 5.2.
5.3urges the parliament to amend the law on administrative
offences with a view to removing the possibility of custodial sentences
for such offences;
5.4while 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. 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;
Tabled by Ms Guguli MAGRADZE, Mr Ivan POPESCU, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Gvozden Srećko FLEGO, Ms Eka BESELIA
In the draft resolution, paragraph 5.4, replace the first sentence with the following sentence:
"while welcoming the recent decrease in its use, the Assembly encourages the authorities to take further measures to limit the use of pre-trial detention in Georgia."
Tabled by Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA, Mr Bernd FABRITIUS, Mr Valeriu GHILETCHI, Ms Chiora TAKTAKISHVILI
In the draft resolution, paragraph 5.4, at the end of the second sentence, insert the following words:
"and it should not be used for political purposes".
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Sir Alan MEALE, Mr David CRAUSBY
In the draft resolution, paragraph 5.4, third sentence, replace the words "It calls" with the following words:
"The Assembly recognises that the Georgian legal code reflects these conditions but calls".
Tabled by Mr Pieter OMTZIGT, Ms Marietta de POURBAIX-LUNDIN, Mr Emanuelis ZINGERIS, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA, Mr Valeriu GHILETCHI, Ms Liliana PALIHOVICI, Mr Volodymyr ARIEV, Ms Doris FIALA, Mr Arkadiusz MULARCZYK, Mr Henryk CIOCH, Mr Mariusz KAMIŃSKI, Mr Bernd FABRITIUS, Mr Margus HANSON, Mr Antti KAIKKONEN, Mr Pedro AGRAMUNT, Mr Axel FISCHER, Mr Kimmo SASI
In the draft resolution, after paragraph 5.4, insert the following paragraph:
"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 ilicit assets;"
Tabled by Ms Marietta de POURBAIX-LUNDIN, Mr Emanuelis ZINGERIS, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA, Mr Valeriu GHILETCHI, Ms Liliana PALIHOVICI, Mr Volodymyr ARIEV, Ms Doris FIALA, Mr Arkadiusz MULARCZYK, Mr Henryk CIOCH, Mr Mariusz KAMIŃSKI, Mr Bernd FABRITIUS, Mr Margus HANSON, Mr Pedro AGRAMUNT, Mr Axel FISCHER, Mr Kimmo SASI
In the draft resolution, after paragraph 5.4, insert the following paragraph:
"urges the Georgian authorities to implement fully the provisions of the Code of Criminal Procedure on witness testimonies and jury trials;"
5.5welcomes the reforms of the law-enforcement sector initiated
by the authorities.
Tabled by Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA, Mr Bernd FABRITIUS, Mr Valeriu GHILETCHI, Ms Chiora TAKTAKISHVILI
In the draft resolution, delete paragraph 5.5.
6The 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.
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Tadeusz IWIŃSKI, Ms Gülsün BİLGEHAN
In the draft resolution, paragraph 6, delete the last sentence.
7The 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 minority 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.
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Gvozden Srećko FLEGO, Ms Nataša VUČKOVIĆ
In the draft resolution, paragraph 7, replace the first and second sentences with the following sentences:
"The Assembly welcomes the government's efforts in 2013 to depoliticise the appointment process of the public broadcaster. The Assembly however expresses its concern over recent difficulties experienced by the parliament in appointing an independent and impartial board of trustees to oversee its work, and urges both the majority and the opposition in parliament to avoid any politicisation of the composition and work of the board of trustees and ultimately the public broadcaster itself."
8With regard to the recently adopted organic law on local self-government,
the Assembly:
8.1welcomes 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;
8.2expresses its concern about the provisions that allow
for the impeachment by the 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;
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Sir Alan MEALE, Mr David CRAUSBY
In the draft resolution, delete paragraph 8.2.
8.3takes 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.
9The 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.
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Tadeusz IWIŃSKI, Ms Eka BESELIA
In the draft resolution, replace paragraph 9 with the following paragraph:
"The Assembly takes note of the numerous changes in local governments in Georgia as a result of local councilors and city officials resigning or switching sides following the change of power at the 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 welcomes the explicit commitment of the government to ensure continuity in the civil service and to discourage changes in party allegiance. The Assembly also takes note of the decline in changes of party membership. The Assembly takes into consideration the fact that a number of changes have taken place as a 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 disruption 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. The Assembly welcomes the explicit condemnation of the Prime Minister and other members of the government of such actions as well as the investigations and legal proceedings against party members from the ruling and opposition parties who may have broken the law."
10The 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:
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Sir Alan MEALE, Mr David CRAUSBY
In the draft resolution, replace paragraph 10 with the following paragraph:
"The Assembly takes note of a number of allegations of possible criminal conduct by former government officials during their tenure. At the same time, it notes allegations made by the opposition that the arrests and prosecution of a number of former government officials are politically motivated and amount to selective and revanchist justice. However, it also notes that investigations and trials are taking place with extensive international (including EU, OSCE, ODIHR), media and civil society oversight. The Assembly:"
10.1underscores that there can be no impunity for ordinary
crimes, including – and especially – those committed by government
officials and politicians, whether current or past;
10.2calls 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;
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Tadeusz IWIŃSKI, Ms Eka BESELIA
In the draft resolution, replace paragraph 10.2 with the following paragraph:
"recognises the importance of ensuring that no-one is above the law, but urges Georgia to continue to pay careful attention to due process and 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. The Assembly welcomes the commitment of the Prime Minister and members of the government to ensure that the trials are free and fair, including by ensuring transparency. The Assembly also recognises efforts by the Office of the Chief Prosecutor of Georgia to follow and implement recommendations from the EU Special Advisor Hammerberg and the US Justice Department prosecutors stationed in the country, on how to best meet international standards throughout the investigations and the prosecutions;".
Tabled by the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
In the draft resolution, after paragraph 10.2, insert the following paragraph:
"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, including requests for pre-trial detention, against him are not influenced by political motivations."
Tabled by Mr Irakli CHIKOVANI, Ms Guguli MAGRADZE, Ms Eka BESELIA, Mr Joseph DEBONO GRECH, Mr Tedo JAPARIDZE, Mr Levan BERDZENISHVILI
In amendment 4, replace the words "President Saakashvili" with the following words:
"government officials";
delete the words "given the charged political climate in the country";
and at the end of the sentence, replace the word "him" with the following word:
"them".
10.3urges 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;
10.4considers 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;
10.5taking into account the considerable tensions 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.
Tabled by the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
In the draft resolution, after paragraph 10.5, insert the following paragraph:
"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."
11The 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.
Tabled by the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
In the draft resolution, before paragraph 11, insert the following paragraph:
"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 persistent allegations of pressure on, and intimidation of, opposition candidates to withdraw their candidatures, which created a charged and contentious campaign environment. It calls upon the authorities to fully, and transparently, investigate the reports of pressure on, and intimidation of, candidates to resign and, if violations are found, to prosecute perpetrators in line with the Georgian legislation.”
Tabled by Mr Irakli CHIKOVANI, Ms Guguli MAGRADZE, Ms Eka BESELIA, Mr Joseph DEBONO GRECH, Mr Tedo JAPARIDZE, Mr Levan BERDZENISHVILI
In amendment 3, second sentence, delete the words "persistent" and "opposition".
12 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.
13The 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.
14The increase of intolerant discourse and discriminatory acts
against minorities, especially sexual and religious minorities,
in Georgian society is of concern. 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 deteriorate the situation of minorities.
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Tadeusz IWIŃSKI, Ms Eka BESELIA
In the draft resolution, paragraph 14, first sentence, delete the words "The increase of".
Tabled by Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA, Mr Bernd FABRITIUS, Ms Chiora TAKTAKISHVILI, Ms Ana GUŢU, Mr Volodymyr ARIEV
In the draft resolution, paragraph 14, after the first sentence, insert the following sentence:
"The Assembly is concerned by the lack of effective investigation and prosecution of hate crimes against minorities."
Tabled by Mr Şaban DİŞLİ, Mr Reha DENEMEÇ, Mr Ömer SELVİ, Mr Yıldırım Tuğrul TÜRKEŞ, Ms Tülin ERKAL KARA, Mr Samad SEYIDOV
In the draft resolution, at the end of paragraph 14, insert the following sentence:
"In that regard, the demands of the Muslim community in the country for the construction of new mosques should be met."
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Tadeusz IWIŃSKI, Ms Eka BESELIA
In the draft resolution, at the end of paragraph 14, add the following sentences:
"The Assembly welcomes the strong stand of the Georgian government against discrimination and takes note that investigations are ongoing into several incidents of violence committed on the basis of ethnic, sexual or religious intolerance. The Assembly also welcomes the adoption by the Georgian Parliament in May of the new Human Rights Strategy and Action Plan."
Tabled by the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
In amendment 20, delete the first sentence and in the second sentence, delete the word "also".
15With 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 takes note of the recent initiatives taken
by the Georgian authorities in this respect.
Tabled by Mr Şaban DİŞLİ, Mr Reha DENEMEÇ, Mr Ömer SELVİ, Mr Yıldırım Tuğrul TÜRKEŞ, Ms Tülin ERKAL KARA, Mr Samad SEYIDOV
In the draft resolution, paragraph 15, replace the words "Meskhetian population" with the following words:
"Meskhetian Turks".
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Tadeusz IWIŃSKI, Ms Gülsün BİLGEHAN
In the draft resolution, paragraph 15, second sentence, after the words "repatriate status", insert the following words:
"due to the lack of applications for citizenship".
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Gülsün BİLGEHAN, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Tadeusz IWIŃSKI
In the draft resolution, paragraph 15, replace the last sentence with the following sentence:
"The Assembly welcomes the adoption by the government of Georgia of the State Strategy on Repatriation."
Tabled by the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
In amendment 22, replace the words "The Assembly welcomes the adoption by the government of Georgia of the State Strategy on Repatriation" with the following words:
"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"."
16The 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.
17The Assembly expresses its concern about the systemic 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.
Tabled by Ms Guguli MAGRADZE, Mr Arcadio DÍAZ TEJERA, Ms Ingrid ANTIČEVIĆ MARINOVIĆ, Mr Tadeusz IWIŃSKI, Ms Eka BESELIA
In the draft resolution, replace paragraph 17 with the following paragraph:
"The Assembly expresses its concern about cases of illegal surveillance of citizens by the Georgian law-enforcement agencies which violate the country's obligations under the European Convention on Human Rights and notes steps taken by the authorities such as destroying illegal surveillance videos acquired by domestic intelligence during the previous government. While welcoming these 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. The Assembly welcomes the adoption by parliament in late July of legislative amendments to the Criminal Law Proceedings Code which will introduce stricter regulation for the use of secret surveillance."
18The Assembly takes note of the report “Georgia in transition”
by 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, Thomas Hammarberg, and supports its conclusions
and recommendations.
Tabled by the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
At the end of paragraph 18, add the following words:
"as well as those contained in his follow-up report."
19Georgia has made marked progress in its democratic development
over recent years. 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.
Tabled by Ms Marietta de POURBAIX-LUNDIN, Mr Emanuelis ZINGERIS, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA, Mr Valeriu GHILETCHI, Ms Liliana PALIHOVICI, Mr Volodymyr ARIEV, Ms Doris FIALA, Mr Arkadiusz MULARCZYK, Mr Henryk CIOCH, Mr Mariusz KAMIŃSKI, Mr Bernd FABRITIUS, Mr Margus HANSON, Mr Pedro AGRAMUNT, Mr Axel FISCHER, Mr Kimmo SASI
In the draft resolution, paragraph 19, at the end of the first sentence, insert the following words:
", 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 eventual use of the justice system for political purposes".