CoE Report Says Freedom of Assembly Violations Topped New Violations in Georgia in 2023

According to the 17th annual report of the CoE Committee of Ministers “Supervision of the Execution of Judgments and Decisions of the ECHR 2023”, published on April 11, most of the new violations in 2023 in Georgia concerned violations of the applicant’s right to freedom of assembly.

The report says that the pending cases included cases of ill-treatment, hate crimes and domestic violence and their ineffective investigation; restriction of the right to liberty and security for purposes not prescribed by the Convention; violations of the freedom of assembly of LGBTI persons; violations of freedom of religion; and violations of the right to a fair trial.

According to the report, in 2023, the Committee of Ministers received 15 new cases against Georgia from the ECHR for monitoring its implementation, five more cases than in the previous year 2022. Of these 15 cases, twelve were repetitive cases and three were leading cases (requiring specific and often far-reaching measures to be taken by states to prevent the recurrence of the same violations). By the end of 2023, a total of 78 cases were pending. Of these 78 cases, 51 were repetitive cases and 27 were leading cases.

The report also states that at the end of 2023, 13 leading cases were pending for more than five years. The report also states that five cases were closed in 2023, four of which were leading cases and one of which was a repetitive case.

Full payment of the “just satisfaction” awarded by the Court was registered in twelve cases in 2023, while confirmation of full payment and/or default interest was awaited in three cases for which the deadline indicated in the Court’s judgment has passed since more than six months.

The report also highlights some high-level cases:

Georgia v. Russia (I) – The case concerns the arrest, detention and expulsion from Russia of a large number of Georgian citizens from September 2006 to January 2007. The Committee of Ministers “strongly reiterated its profoundest concern” that the payment of just satisfaction and accrued default interest has not been made even after the deadline of April 30, 2019, which is already more than four years. The Committee stresses that the delay in fulfilling this obligation “deprived the individual victims of the violations from receiving compensation for the damages they suffered.”

Georgia v Russia (II) – The case concerns various violations of the Convention during the Russian-Georgian war in 2008. According to the report, the Committee of Ministers adopted an interim resolution in December 2023, in which it noted that the deadline for payment of just satisfaction had expired on July 28, 2023, and urged the Russian authorities to pay the default accrued “without any further delay.” The Committee also exhorted again the authorities to investigate the committed crimes to identify the perpetrators and bring them to justice. “The Committee also firmly reiterated its profound concern about the inability of Georgian nationals to return to their homes in South Ossetia and Abkhazia,” says the report. It also insisted Russia to prevent kidnapping, killing, torturing or any other such incidents that impedes the free and safe movement of Georgian nationals. It also called on Russia to ensure the safe return of persons.

Merabishvili v Georgia – The case falls under the Report’s “Article” 18” cases concerning abusing limitations of rights and freedoms.” The report says that the Committee continued the examination of the case. During the last examination in March 2023, the Committee “recalled the gravity of the findings of the Court under Article 18 and the ensuing indications as to the need to reinforce the independence of the prosecution authorities.” The Committee noted the adoption of the draft constitutional amendments concerning the rules for the appointment of the Prosecutor General in the first reading in Parliament and called on the authorities “to accomplish the reform in a timely manner and in line with the Venice Commission’s recommendations.”

Tsintsabadze group v. Georgia – The case is mentioned under “excessive use of force/ill-treatment by security forces and ineffective investigations.” The report says that the Committee re-examined the case, calling on the authorities “to continue updating the Committee on further measures to ensure stronger independence and effectiveness of investigations, including by improving the legislative framework, allocating the necessary resources and building the capacities of the institution.” The report also says that the Committee noted with concern the persistent obstacles to the effective exercise of procedural rights by victims, calling on the authorities “to take concrete and effective steps without further delay to improve the legislation and/or practice on granting victim status and update the Committee on the progress made.” The Committee also “encouraged the authorities to increase the scale and effectiveness of video/audio recording of interaction between law enforcement agents and individuals.”

Identoba and Others v. Georgia – The case falls under “Democracy, pluralism and non-discrimination”, in particular the section on LGBTI rights. The Committee “noted with deep concern” reports by the Council of Europe Commissioner for Human Rights, the Public Defender and civil society, which underlined the seriousness of the situation with regard to LGBTI rights and religious minorities. The Committee “exhorted the authorities to convey an unambiguous zero-tolerance message at the highest level towards any form of discrimination and hate crime and to duly bring to justice organizers and instigators of hate violence without further delay.” It also called on the authorities to give clear priority to enabling the LGBTI community to fully exercise its right to peaceful assembly.

The Committee also regretted that the National Strategy for the Protection of Human Rights for 2022-2030 excludes the LGBTI community. The Committee further urged the authorities to accelerate the work on the implementation plan and to effectively involve all relevant stakeholders in the process to ensure that this document contains comprehensive, inclusive and far-reaching measures to adequately address the needs of the LGBTI population.

Also Read:

• 05/02/2024 – ECHR Received 156 Applications Against Georgia in 2023
• 06/04/2023 – CoE Report Says “Lack of Legislative Reform” in Georgia

This post is also available in: ქართული (Georgian) Русский (Russian)