ADDRESS OF THE SPEAKER, SHALVA PAPUASHVILI TO THE PACE PRESIDENT, TINY KOX

Published in Politics
Monday, 24 October 2022 11:13

The Speaker of the Parliament of Georgia, Shalva Papuashvili, wrote a letter to the President of the Parliamentary Assembly of the Council of Europe, Martinus Tiny Kox, stating that the inclusion of Mikheil Saakashvili in the amendment to the Resolution changes the essence and spirit of the Resolution and undermines the fundamental values of PACE and the credibility of the organisation in upholding human rights, democracy and the rule of law across Europe. "News Day Georgia" offers this statement in full:

To the PACE President, Tiny Kox
Mr. President,
A long-standing partnership of the Parliament of Georgia with the Parliamentary Assembly of the Council of Europe allows me to address you with regards to Resolution 2463 (2022): “Further escalation in the Russian Federation’s aggression against Ukraine, debated under the urgent procedure of the fourth part of the ordinary session. Despite our full solidarity to Ukraine in the face of the Russian aggression, approval of the following amendment has prevented the members of the Georgian Delegation from supporting the Resolution: “the Assembly calls on the Russian authority for the immediate release of Vladimir Kara-Murza. The Assembly also calls for a review of cases of other political prisoners opposed to Putin in the Russian Federation and other countries, and for their release (including Mikheil Saakashvili – a Ukrainian citizen and former President of Georgia)”.

We believe that the inclusion of Mikheil Saakashvili in this amendment (a) changes the essence and spirit of the Resolution, and (b) undermines the fundamental values of PACE and the credibility of organization in upholding human rights, democracy and rules of law across Europe. The European Court of Human Rights issued over 100 judgements during Mr. Saakashvili’s rule, including 13 cases on Article 2 (right to life), 34 cases on Article 3 (prohibition of torture), 15 cases on Article 5 (right to liberty and security), and 44 cases on Article 6 (right to a fair trial). Moreover, the Court underlined in its Alexander Girgvliani murder case (Enukidze and Girgvliani v. Georgia) that Mr. Saakashvili hindered an effective investigation and appropriate punishment.

The Report on Human Rights Development in Georgia in 2004-2012 made by Mr. Thomas Hammamberg, former Council of Europe Commissioner for Human Rights and the EU Special Adviser on Constitutional and Legal Reform and Human Rights in Georgia in 2013 is a testament to systemic violations of the Convention-related rights during Saakashvili’s presidency. It identifies an alarming situation in areas of judiciary, penitentiary, law enforcement, rights of minorities, rights to take part in public affairs, freedom of expression, assembly and association, and social justice. Mr. Saakashvili has been convicted in Georgia in two criminal cases (the one on the above-mentioned Girgvliani case and the other on organizing an attack against opposition MP Valeri Gelashvili).

Three other criminal cases are pending (on the exceeding and abusing of official powers during the breaking up of anti-government protests on November 7, 2007, and the subsequence seizure of Imedi TV, an independent television broadcaster; on embezzlement of funds from the State Protection Service for personal use; and on illegal crossing of the Georgian state border). The ECHR refused to accept Mr. Saakashvili’s case regarding his treatment by Georgia’s penitentiary system. ECHR has found there were no “special circumstances” in the application relating to respect for human rights, which would have required the body to continue the examination of the case.

The decision of the European Court has once again confirmed that the rights and interests of Mikheil Saakashvili were fully protected in the penitentiary system per the standards of the ECHR. Georgia has both a clear track record of protecting human rights, democracy and rule of law since 2012 and closely cooperating with the ECHR in implementing its judgements. Georgian cases to the ECHR dropped 5,5 times in 2013-2021 compared to Mr. Saakashvili’s rule in 2004-2012, owing to the progress in credibility, independence and professionalism of the Georgian courts.

This progress has been duly reflected in the Resolution 2438 “The honoring of obligations and commitments by Georgia” adopted by the Assembly during the second part of the 2022 ordinary session. Having this in mind, we believe there is no evidence of political motivations in the charges against Mr. Saakashvili other than politically-driven speculations. Therefore, the adoption of language as in amendment 4 represents an unsubstantiated challenge for the Georgian legal system, invites unjustified suspicion against our country in international fora and undermines Georgia’s reform progress in human rights and the rule of law since 2012.

More importantly, the unfounded provisions on Mr. Saakshvili jeopardize the credibility of PACE within the wider Georgian public and erode our efforts to solidify support for the ambitious reform agenda aligned with recommendations of the relevant PACE resolutions.

We remain hopeful that PACE members will in future be guided only by the best interests of the organization and its fundamental values. We stand ready to provide detailed insight on any issue of your interest about Georgia. Please, accept, Mr. President, the assurances of my highest consideration and esteem.

Sincerely,

Shalva Papuashvili
The Chairman of the Parliament of Georgia

Read 106 times

Related items

  • The Chair of the Legal Issues Committee parliament of Georgia held a meeting with the EU Ambassador

    The Chair of the Legal Issues Committee parliament of Georgia Anri Okhanashvili held a meeting with the EU Ambassador Pawel Herczynski.

    As A. Okhanashvili noted after the meeting, he informed the Ambassador about the compliance with the EU recommendations and the plans of the Committee.
    We enjoy close collaboration and communication with the EU Ambassador and his visit to the Parliament underlines his commitment to further keeping close cooperation with us. It is truly a positive decision of the Ambassador to meet the Chairs of all Committees”, - he noted.

  • 2023 Winter session: the legal and human rights aspects of Russia's aggression against Ukraine

    An urgent debate* on the legal and human rights aspects of the Russian Federation's aggression against Ukraine, with the participation of Oleksandra Matviichuk, Head of the Center for Civil Liberties, 2022 Nobel Peace Prize laureate, will be among the highlights of the Winter plenary session of the Parliamentary Assembly of the Council of Europe (PACE), to be held in Strasbourg from 23 to 27 January 2023.

    #OnTheRoadToReykjavik, a report on the fourth Summit of Heads of State and Government of the Council of Europe, to be held in the Icelandic capital on 16 and 17 May, will present PACE's proposals.

    There will also be addresses by the Prime Minister of Iceland Katrin Jakobsdóttir and German Foreign Minister Annalena Baerbock. The Secretary General of the Council of Europe Marija Pejčinović Burić will present her communication to PACE members. The Assembly will also elect its President and Vice-Presidents.

    Combating violence against women will also be a focus of the session, with a first debate on conflict-related sexual violence, and a second joint debate on the Istanbul Convention, on the role and responsibility of men and boys in stopping gender-based violence against women and girls, and on finding solutions for marital captivity.

    Other topics on the agenda include the environmental impact of armed conflict, Daesh foreign fighters and their families returning from Syria and elsewhere, and the ethical, cultural and educational challenges of contact tracing applications.

    * The Assembly will decide its final agenda at the opening of the session.

    2023 Winter Session special page

  • SHALVA PAPUASHVILI: GEORGIA SHALL LOOK ON THE BRIGHT SIDE OF FREEDOM

    "Your Excellencies, I would like to express my gratitude to you for your efforts, for standing in for Georgia throughout the world and defending our country's interests. Think upon the Parliament as your ally” - the Speaker of the Parliament of Georgia, H.E. Shalva Papuashvili stated at the opening of the Ambassadors Conference 2022.
    The Speaker gave a welcome speech to the attendees of the annual convention of Georgia's diplomatic missions overseas. The Speaker focused on the security environment, regional and global concerns, and Georgia's foreign policy priorities. He claimed that 2022 was a challenging year for international relations and that it was in this challenging environment that Georgia had to focus on preserving its borders, growing its alliances, and fostering regional stability, security, and prosperity.

    The Speaker focused on the process of European and Euro-Atlantic integration of Georgia and the efforts made by the state on this path. Shalva Papuashvili thanked the Ministry of Foreign Affairs and the heads of Georgian diplomatic missions abroad for their work.

    "The relationship between Georgia and the EU in 2022 will go down in history. The European perspective that is acknowledged by the European Union has securely sealed for the future Georgia's long-cherished sovereignty and independence, which is the legacy of our ancestors and generations. The state was well-prepared to take on this challenge. The entire nation got engaged after the application for EU membership was submitted. We were able to independently complete the membership application in the least amount of time possible because state agencies and civil employees operated at the highest level. We carry out the EU's proposals with the same level of accountability. We made a significant effort, analyzing the legislative frameworks and practices of Georgia and other nations, initiating, debating, and adopting essential amendments with the help of the Georgian Parliament, state institutions, and civil society. In 2022, the Georgian Parliament passed 30% of the laws necessary to implement the EU's recommendations. We will conclude a number of documents at the spring session, including the draft laws that were given to the Venice Commission and the OSCE Office for Democratic Institutions and Human Rights for review. We anticipate that the European Union will recognize this work in a proper manner", - Shalva Papuashvili remarked.

  • MONEYVAL report on Georgia: improvements in the Financial Monitoring Service powers to disseminate information to law enforcement authorities, but other deficiencies remain

    Georgia has improved its measures to combat money laundering and terrorist financing; it has demonstrated good progress and has been upgraded from “partially compliant” to “largely compliant” with the FATF (Financial Action Task Force) Recommendation 29, related to Financial Intelligence Units, concludes the Council of Europe’s anti-money laundering body MONEYVAL in a follow-up report released today.

    By enhancing the powers of the Financial Monitoring Service (Financial Intelligence Unit of Georgia) to disseminate information and results of analyses upon request and without a court order to all law enforcement authorities, Georgia has addressed a significant shortcoming earlier identified. Only minor shortcomings remain regarding a lack of explicit reference to require the Financial Monitoring Service to conduct operational and strategic analysis and the scope of the money laundering definition.

    The report also examines a range of legislative, regulatory, and institutional measures, such as introducing a central electronic reporting for online casinos, requiring a clean criminal record for beneficial owners of casinos, making sanctions for AML/CFT (Anti-Money Laundering and Countering the Financing of Terrorism) breaches applicable to casinos, as well introducing a broad regulatory framework for the investment fund sector. However, these measures were not sufficient to upgrade the ratings of Recommendations 22, 28 or 35, as moderate deficiencies in relation to the scope of covered designated non-financial businesses and professions and the sanctioning regimes remain.

    Overall, Georgia has achieved full compliance with six of the 40 FATF recommendations constituting the international AML/CFT standard and retains minor deficiencies in the implementation of 22 recommendations where it has been found “largely compliant”. Eleven recommendations remain “partially compliant” and one of them has a “non-compliant” rating (the recommendation requiring that countries review their laws and regulations to ensure that non-profit organisations cannot be abused for the financing of terrorism).

    Consequently, Georgia is expected to report back to MONEYVAL on further progress to strengthen its implementation of AML/CFT measures in one year’s time.

  • First report on implementation of Istanbul Convention by Georgia welcomes steps on legislation, calls for more services for victims and dissuasive sanctions for perpetrators

    Strasbourg, 22.11.2022 – The Council of Europe’s monitoring body GREVIO in its first report on Georgia released today welcomed the many steps taken by the Georgian authorities to align its laws, policies and institutional framework with the standards of the Istanbul Convention. However, further legal amendments are needed, more domestic violence shelters and sexual violence crisis referral centres should be established across the country, bureaucratic obstacles related to obtaining victim status should be addressed, and steps must be urgently taken to increase women’s equal status in the Georgian society where patriarchal attitudes still prevail. The comments of the Georgian government were equally published.

    The adoption of the National Action Plan on Combating Violence against Women and Domestic Violence and Protection of Victims 2018-2020, accompanied by policies, constituted a very important step in aligning Georgia’s obligations with its commitments under the convention. Besides, the Law on Domestic Violence has been amended to address all forms of violence and contains such welcome elements as the provision of special leave for victims of violence for the duration of their stay at a shelter/crisis centre, as well as the formal assignment of victim status to those witnessing domestic violence, notably children. The offence of domestic violence as well as new crimes such as forced marriage, female genital mutilation, stalking and forced sterilisation have been introduced into the Criminal Code. Significant changes were made to legislation in 2019 in terms of prohibiting sexual harassment, and much effort has been made to raise awareness of the different forms of violence against women. However, the definition of rape and the other offences of sexual violence in the Georgian Criminal Code still needs to be amended, in order to fully incorporate the notion of the lack of freely given consent, as required by the Istanbul Convention.

    Victims have no access to fully established rape crisis and/or sexual violence referral centres that would be adequately geographically distributed all over Georgia. Besides, there are still very few services for women and girls at risk of or subjected to forced marriage, and administrative requirements such as obtaining formal victim status place barriers on women’s access to domestic violence shelters. GREVIO also urges the authorities to improve the access to support services and protection mechanisms to women exposed to the risk of intersectional discrimination, such as those from national and/or ethnic minorities, living in rural areas, women with disabilities and refugees, lesbian, bisexual or transgender women and older women. Children who witness violence often remain invisible to the system. Besides, financial resources allocated to state and NGO actors should be augmented, and the involvement of the latter in anti-violence law and policy development increased. 

    The criminal justice mechanisms for combating sexual violence face serious shortcomings: investigations and prosecutions lack in promptness, effectiveness, and sensitivity. The report calls for immediate measures to guarantee a quick and adequate response, in particular in cases of rape and sexual violence. The factors that contribute to the very high threshold for proving rape in court should be identified and addressed, and re-traumatisation of victims avoided all along the way. Urgent action should also be taken to ensure that criminal penalties imposed are dissuasive and commensurate with the gravity of the offence, and that courts take into account all incidents of domestic violence when deciding on custody or visitation rights.

    Besides, GREVIO urges the authorities to review the process of issuance of emergency barring orders by the police, to identify and address reasons for the high proportion of orders annulled by the courts (around 60% in 2018-2021), as well as to monitor compliance with such orders. Similarly, the causes of the high number of violations of restraining and protection orders should be identified, and adequate sanctions applied in cases of breaches of such orders. GREVIO notes with great concern that while in 2018 the number of investigations initiated for violations of restraining orders was 60 and in 2019 the number went up to 516, no information has been provided concerning the sanctions imposed.

    In its report, GREVIO also urges the Georgian authorities to ensure that women victims of violence who are in need of protection, regardless of their status or residence, shall not be returned under any circumstances to any country where their life would be at risk or where they might be subjected to torture or inhuman or degrading treatment or punishment.

    Finally, GREVIO points out that patriarchal attitudes, and stereotypes about gender roles and acceptable behaviour are still prevalent in Georgian society. Persistent gender stereotypes and their peddling by the media should be addressed, and efforts to increase women’s equal status in society, public discourse and the media must be urgently undertaken.

    GREVIO and Georgia

Business News

Silk Road Tbilisi Forum 2015 has started

Silk Road Tbilisi Forum 2015 has started

Silk Road Tbilisi 2015 forum started today. Following the success of the inaugural Routes Silk Road...

Agreement between SES and GEE

Agreement between SES and GEE

A new multi-year agreement was signed between worldwide satellite operator SES and Global Eagle Ente...

Visa free regime to impose for 15 February

Visa free regime to impose for 15 February

The visa regime imposed by Georgia to Iran has been cancelled for 15 February,” -the Deputy Ambassad...

USA to allocate 63 million US dollars for Georgia

USA to allocate 63 million US dollars for Georgia

U.S. Department of State to allocate 63 million US dollars for Georgia. According to the budgetary d...

MOST READ

« January 2023 »
Mon Tue Wed Thu Fri Sat Sun
            1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31          

About

The News Agency,
NEWSDAY.GE is
a part of STARVISION
Media Group.
It made its first
appearance on the Internet..More

 

Contact

NEWSDAY Ltd.
Lechkhumi street.43

Georgia,Tbilisi

Phone: (+995 32) 257 91 11
E-mail: avtandil@yahoo.com

 

 

 

Social Media