Council of Europe Secretary General Alain Berset has concluded his three-day visit to Georgia today. He made the following statement at a press conference in Tbilisi today, focusing on fundamental freedoms, democracy and recently adopted legislation (see also the video of the press conference here).
"Dear media representatives, good afternoon,
Today, let me focus on three important issues: first, fundamental freedoms; second, democracy; and third, recently adopted laws.
First, fundamental freedoms. During my meetings with the authorities, I made clear that fundamental freedoms - notably freedom of expression, media freedom, and freedom of assembly as enshrined on the European Convention of Human Rights and interpreted by the European Court of Human Rights - must be fully protected. Violence from all sides is not acceptable, notably against demonstrators and journalists. The number of alerts sent to our Platform to promote the protection of journalism and safety of journalists has significantly increased and shows, in some cases brutal attacks against media professionals.
I call upon the Georgian authorities to, first, refrain from disproportionate use of force; second, rapidly carry out independent, transparent and effective investigations and ensure that those responsible are held to account; and third, release all those subject to administrative detention. I welcome assurances I have received in those respects.
On 18 to 29 November this year, the Council of Europe Committee for the Prevention of Torture (CPT) visited Georgia. During the visit, the delegation examined the treatment and safeguards afforded to persons in police custody, including those detained during the ongoing public demonstrations in Tbilisi. Early next week, the CPT will share its preliminary findings with the authorities. I expect the government to act upon them as soon as possible. A follow up visit by the CPT may be carried out in the coming weeks.
The second point I would like to raise is about democracy. Polarisation is undermining democratic debate in Georgia. All political forces, majority and oppositions alike, must assume their responsibilities to break this deadlock through dialogue and respect for democratic principles. Democracy cannot function in a climate of generalised mistrust and permanent confrontation.
We at the Council of Europe are available to facilitate this political dialogue, notably through confidence-building measures and parliamentary cooperation. Ultimately, however, it is for the Georgian people and political leadership to do their part to create the conditions for a fully functional democracy, with a healthy debate between political majority and minorities, as well as with civil society.
My third and last point concerns recently adopted legislation. I expressed my concern about legislation that restricts the rights of civil society and individuals. Such legislation must be changed to comply fully with the European standards, as defined by the European Convention on Human Rights (ECHR) and recalled by the Venice Commission.
I welcome the government assurances to amend the legislation on so-called "foreign influence". We will now set up a working group with Georgia and Council of Europe experts, notably the Venice Commission, to identify the changes that will be made to this legislation.
I expressed the hope that similar cooperative processes could be set up in other areas, such as equality and non-discrimination, civil society, electoral and justice reforms, as well as prison and probation. I am also concerned by the incompatibility of the package of laws on the "protection of family values and minors" with our standards and case-law of the Strasbourg Court.
Dear media representatives, good afternoon,
Thank you for joining me at today's press conference which concludes my official visit to Georgia. I am joined on the stage by the Council of Europe's Director General of Democracy and Human Dignity, Marja Ruotanen, and the Director General of Human Rights and Rule of Law, Gianluca Esposito: they will be able to answer any technical question you may have.
This is a critical time for Georgia: the country is filled with political tension, polarised public debate and high-level of violence. I am here first and foremost to show my support to Georgia and Georgian people. They deserve to live in a stable and democratic country.
As you know, Georgia is a full and valued member of the Council of Europe since over 25 years. As Secretary General, it is not for me to legitimise the elections. This is the competence of state institutions. In addition, I refer you to the reports of the election observation missions.
With all that is happening in Georgia, it would be irresponsible for me as Secretary General not to be here. Not to be here by the side of one of our member States - to stand with its people. The main objective of my visit is to remind everyone that the current political crisis can only be resolved by standing by the fundamental principles of democracy, human rights and the rule of law.
I would like to thank all those whom I met this week. I had frank, open, constructive discussions with everyone who agreed to meet me: civil society, the Public Defender, government and oppositions, as well as representatives of the international community in Tbilisi. This was one of the key conditions for my visit: to see everyone. Dialogue is the cornerstone of any functioning democracy.
Ahead of my visit, I welcomed the release of Nika Gvaramia and Aleko Elisashvili without prejudice to pending judicial proceedings. And I met Mr Elisashvili yesterday afternoon.
Today, let me focus on three important issues: first, fundamental freedoms; second, democracy; and third, recently adopted laws.
First, fundamental freedoms. During my meetings with the authorities, I made clear that fundamental freedoms - notably freedom of expression, media freedom, and freedom of assembly as enshrined on the European Convention of Human Rights and interpreted by the European Court of Human Rights - must be fully protected. Violence from all sides is not acceptable, notably against demonstrators and journalists. The number of alerts sent to our Platform to promote the protection of journalism and safety of journalists has significantly increased and shows, in some cases brutal attacks against media professionals.
I call upon the Georgian authorities to, first, refrain from disproportionate use of force; second, rapidly carry out independent, transparent and effective investigations and ensure that those responsible are held to account; and third, release all those subject to administrative detention. I welcome assurances I have received in those respects.
On 18 to 29 November this year, the Council of Europe Committee for the Prevention of Torture (CPT) visited Georgia. During the visit, the delegation examined the treatment and safeguards afforded to persons in police custody, including those detained during the ongoing public demonstrations in Tbilisi. Early next week, the CPT will share its preliminary findings with the authorities. I expect the government to act upon them as soon as possible. A follow up visit by the CPT may be carried out in the coming weeks.
The second point I would like to raise is about democracy. Polarisation is undermining democratic debate in Georgia. All political forces, majority and oppositions alike, must assume their responsibilities to break this deadlock through dialogue and respect for democratic principles. Democracy cannot function in a climate of generalised mistrust and permanent confrontation.
We at the Council of Europe are available to facilitate this political dialogue, notably through confidence-building measures and parliamentary cooperation. Ultimately, however, it is for the Georgian people and political leadership to do their part to create the conditions for a fully functional democracy, with a healthy debate between political majority and minorities, as well as with civil society.
My third and last point concerns recently adopted legislation. I expressed my concern about legislation that restricts the rights of civil society and individuals. Such legislation must be changed to comply fully with the European standards, as defined by the European Convention on Human Rights (ECHR) and recalled by the Venice Commission.
I welcome the government assurances to amend the legislation on so-called "foreign influence". We will now set up a working group with Georgia and Council of Europe experts, notably the Venice Commission, to identify the changes that will be made to this legislation.
I expressed the hope that similar cooperative processes could be set up in other areas, such as equality and non-discrimination, civil society, electoral and justice reforms, as well as prison and probation. I am also concerned by the incompatibility of the package of laws on the "protection of family values and minors" with our standards and case-law of the Strasbourg Court.
In this regard, the Council of Europe has a very effective instrument: our 2024-2027 Action Plan for Georgia, prepared by the Council of Europe and the Georgian authorities, and adopted by the Committee of Ministers last October. This plan is a key tool for supporting reforms and Georgia's European aspirations.
We will continue to work with the Georgian people and authorities, civil society, as well as our national and international partners to adjust this plan to the realities on the ground. I call upon our donors to step up, not reduce, their support for this work.
Dear media representatives, let me sum up what will happen next.
First, upon my return to Strasbourg, I will inform all our member States, and our EU and other partners, about the results of this visit. I will also share information with our Human Rights Commissioner who intends to carry out a visit to Georgia soon. And, finally, I will inform the Parliamentary Assembly rapporteurs, who plan on visiting Georgia in January, as well as our Congress of Local and Regional Authorities.
Second, early next week, the CPT preliminary findings will be shared with the authorities. Action needs to be taken by the authorities as soon as possible on these preliminary findings. A follow-up visit by the CPT may be carried out in the coming weeks.
Third, we will set up a joint working group with Georgian counterparts to amend the so-called "foreign influence" law.
Fourth, we will adjust our Action Plan to focus on key priority areas, notably equality and non-discrimination, civil society, electoral and justice reforms, and prison and probation.
Dear media representatives,
I spent the last three days in Georgia, in Tbilisi. I had the opportunity to meet everyone who agreed to meet with me, in a constructive environment and without any hinderance. I wish to thank all those who contributed to the organization of my visit.
Georgia's place is and remains in Europe. Georgia is a member of the Council of Europe. We will continue to accompany it on its democratic and European path.
Thank you for your attention. I am ready to answer any questions you may have."
Video of press conference (in English)
Video of press conference (in Georgian)
