Following his visit to Georgia from 14 to 15 April 2026, the Council of Europe Commissioner for Human Rights, Michael O'Flaherty, issued the following end-of-visit statement, which should be considered in conjunction with his previous interventions:
The Commissioner's visit to Georgia focused on the continued lack of accountability of state agents for the violent dispersal of protests in 2024 and early 2025, the increasing restrictions on the rights to freedom of expression, peaceful assembly and association and on the human rights of persons in and displaced from the occupied territories of Abkhazia and Tskhinvali region/South Ossetia. He expresses his gratitude to the Georgian authorities for their cooperation and their availability at a high level. He commends the resilience of civil society, human rights defenders and journalists who continue to work within an increasingly restrictive environment.
Accountability and law enforcement
The Commissioner followed up on recommendations issued after his visit of January 2025 concerning the lack of accountability for allegations of unlawful arrests and excessive use of force against protesters and journalists by law enforcement and unidentified masked individuals during public demonstrations in 2024 and early 2025. The Commissioner, while welcoming a legislative proposal, announced by the Minister of Internal Affairs, which would require all law enforcement personnel to wear visible individual identification numbers, remains concerned that no law enforcement officers have been brought to justice for the violent dispersal of protests in 2024 and early 2025. In his meetings, he reiterated his call for an independent and thorough inquiry into the use of water cannons containing chemical substances against protesters. He drew the authorities' attention to the 2020 UN Human Rights Guidance on Less-Lethal Weapons in Law Enforcement and encourages them to integrate these in their guidance to law enforcement officers. "Following up on my communications to the Committee of Ministers of the Council of Europe regarding its supervision of the execution of the judgments of the European Court of Human Rights (the Court), I underline the importance of ensuring that the policing of assemblies aligns with Articles 3, 10 and 11 of the European Convention on Human Rights (the Convention), as well as the recent judgment of the Grand Chamber in Tsaava and Others v. Georgia," the Commissioner added.
Restrictions on democratic freedoms
Regarding increasingly restrictive legislation affecting the rights to freedom of expression, peaceful assembly and association, the Commissioner notes the cumulative impact of these laws and observes that the authorities have since adopted even more restrictive measures. New amendments to the Law on Assemblies and Demonstrations require that prior notification is given to the police if a demonstration is held where vehicles or persons are moving, empower police to change the venue or time of the demonstration if it threatens the unhindered movement of vehicles or persons, and even prohibit protesters from 'blocking' the pavement.
Changes to the Administrative Offences Code extend the 60-day detention periods introduced in February 2025 to other offences, such as wearing masks, blocking roads or erecting temporary structures during demonstrations, even when these offences are committed for the first time. New amendments to the Criminal Code introduce criminal sanctions liability of up to two years' imprisonment for repeated protest-related administrative offences. The Commissioner expresses concern that these amendments significantly limit the right to freedom of peaceful assembly and seem to be incompatible with the principles of necessity and proportionality enshrined in the Convention.
In his meetings with the authorities, the Commissioner raised concerns about the chilling effect of several laws relating to 'foreign influence' on civil society organisations (CSOs), human rights defenders (HRDs) and journalists,' as well as administrative and criminal proceedings against dozens of CSOs for receiving foreign funding and/or for alleged involvement in aggravated sabotage. "In my discussions with the authorities, I pointed out my position regarding the human rights implications of the Transparency of Foreign Influence Law. I also expressed concern about the Foreign Agents Registration Law (GEOFARA), which requires legal and natural persons to register as 'agents of a foreign principal', the Law on Grants, which prohibits CSOs from receiving foreign funding without official permission, and the Law on Broadcasting, which bans foreign funding to media outlets for the production or transmission of programmes. While increasing transparency regarding the funding of CSOs may be a legitimate objective, the wide-ranging restrictions appear inconsistent with the criteria of legality, legitimacy, necessity and proportionality within the meaning of Articles 10(2) and 11(2) of the Convention, as well as with the principle of non-discrimination. I call for repeal of the GEOFARA law and for repeal or substantial revision of other oppressive legislation to ensure compliance with the Convention," said Commissioner O'Flaherty.
"I further recall that CSOs, HRDs and journalists play an essential role in safeguarding human rights and civic space. I therefore call upon the Georgian authorities to ensure that the ongoing administrative and criminal proceedings into dozens of CSOs are in strict compliance with the state's obligation under the Convention."
Human rights of persons in and displaced from occupied territories
The Commissioner's visit provided an opportunity for his first engagement on human rights issues faced by people in and displaced from the occupied territories of Abkhazia and Tskhinvali region/South Ossetia. "I acknowledge the efforts of the Georgian authorities to provide assistance, including free healthcare and education, to persons in and displaced from these territories," Commissioner O'Flaherty stated after meeting with internally displaced persons (IDPs) in the Tserovani settlement. "IDPs continue to face challenges with integration, and I encourage the authorities to maintain sustained attention in such sectors as housing, work and education," he observed. The Commissioner also commended the Georgian authorities' support for the right of IDPs to return to their homes under conditions of safety and dignity, as well as their right to freedom of movement across the occupation lines. He is committed to continuing to focus on these issues in his work.
During his visit, the Commissioner met with the Prime Minister, Irakli Kobakhidze; the Minister of Foreign Affairs, Maka Botchorishvili; the Minister of Internal Affairs, Gela Geladze; the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs, Mikheil Sarjveladze; the State Minister for Reconciliation and Civic Equality, Tea Akhvlediani; the Prosecutor General, Giorgi Gvarakidze; the Auditor General, Giorgi Gabitashvili; and the Public Defender of Georgia, Levan Ioseliani. He also met the UN Resident Coordinator in Georgia, Didier Trebucq, as well as representatives of Georgian civil society organisations. He went to the occupation line in Odzisi and met IDPs in the Tserovani settlement.
Further detailed observations by the Commissioner on the issues set out above are forthcoming.
