Related items

• THE PARLIAMENT HEARD THE ACTIVITY REPORT FOR 2022 OF THE PARLIAMENTARY DELEGATION TO PACE

  At the plenary session, MPs heard the Activity Report for 2022 of the Parliamentary Delegation to PACE, introduced by the Head of the Delegation, Irakli Chikovani.

  “One of the acute issues for the PACE and for us was the devastation in Ukraine entailed by the Russian aggression and the decision made on the exclusion of Russia from the Coe and the preparation for a new Summit that is scheduled in May 2023 and that shall be dedicated to the planning of the further steps of the organization”, - he stated.

  According to him, the Georgian Delegation was one of the main Delegations that approved the exclusion of Russia at the emergency session convened by the CoE. As noted, sundry resolutions have been adopted in 2022 related to the situation in Ukraine, where the Georgian Delegation in full composition, including the Majority and the Opposition MPs, unanimously approved the documents except one resolution providing the record about the third President of Georgia.

  “This Resolution was connected neither to Georgia nor the situation in Georgia or the democratic reforms; it was an attempt, which by the way was quite successfully conducted by the EPP members and the rapporteur of the Resolution”, - he noted and added that the Resolution on Georgia initiated by the Monitoring Committee and adopted by the PACE reflects the immense progress achieved by Georgia in the democracy, rule of law and human rights protection directions.

  “This progress is clearly underlined and which is unambiguously confirmed by the CoE as a whole, though it also provides the challenges in Georgia being addressed by the Government”, - the reporter ended his speech.

• Lasha Darsalia has held a meeting with members of the Council of Europe delegation

  On 14 February 2023, the First Deputy Minister of Foreign Affairs, Lasha Darsalia, held a meeting with the members of the Council of Europe delegation, who arrived in Georgia to prepare the 27th consolidated report of the Secretary General of the Council of Europe - "Conflict in Georgia".
  The Georgian side provided the CoE delegation with information about the serious security, humanitarian and human rights situation in the Abkhazia and Tskhinvali regions occupied by Russia.
  Discussions focused on Russia’s provocative and illegal actions in the occupied regions and across the occupation line, which further aggravate the situation on the ground.
  The Georgian side drew special attention to the recent facts of human rights violations. While on the subject of the Geneva International Discussions, the sides noted the importance of this format in terms of achieving progress on the main issues of the agenda, such as the fulfillment of international obligations assumed by Russia under the Ceasefire  Agreement of 12 August 2008, as well as the safe and dignified return of internally displaced persons and refugees.
  The sides also emphasized the importance of resuming Incident Prevention and Response Mechanism (IPRM) meetings in Gali without any preconditions and the importance of smooth and regular functioning of Ergneti IPRM.
  Lasha Darsalia highlighted the importance of maintaining the issues related to the occupied regions high on the international agenda, and emphasized in this context the significance of the consolidated reports of the Secretary General.
  Within the framework of the visit, the Council of Europe delegation will hold meetings with the Minister of State for Reconciliation and Civil Equality; First Deputy Minister of IDPs from Occupied Territories, Labour, Health and Social Protection; with the State Security Service and the Office of the Public Defender of Georgia. The Council of Europe delegation will also visit the occupation line.

  MFA of Georgia

• Two Georgia v. Russia interstate cases: Committee of Ministers says Russia must execute the European Court’s judgments, despite its exclusion from the Council of Europe

  Strasbourg, 09.12.2022 – The Council of Europe’s Committee of Ministers has deeply deplored again the absence of response of the Russian authorities to its earlier appeals to implement the Georgia v. Russia (I) judgment from the European Court of Human Rights concerning the arrest, detention and collective expulsion of Georgian nationals in 2006-2007, and strongly exhorted the Russian authorities to pay the long-overdue just satisfaction. The Committee has also urged the Russian authorities to start executing the judgment in the case Georgia v. Russia (II) related to the armed conflict in Georgia in 2008.

  In the Interim Resolution (*) published today on the Georgia v. Russia (I) case the Committee of Ministers recalled that, despite ceasing to be a member of the Council of Europe on 16 March 2022, the Russian Federation is still required to implement judgments of the European Court, and the Committee of Ministers continues to supervise their execution.

  According to the European Court’s judgment of January 2019, Russia inter alia had to pay to the Georgian government 10 million euros in respect of non-pecuniary damage suffered by a group of at least 1,500 Georgian nationals. The Committee deeply deplored the continued absence of the information from the Russian authorities and reiterated again its most profound concern that the payment of the just satisfaction and default interest accrued has not been made despite the passage of over three years since the deadline for payment expired on 30 April 2019.

  The Secretariat of the Committee of Ministers will create and publish a register of just satisfaction owing in all inter-state cases against the Russian Federation and will keep it regularly updated as regards the default interest accrued so that both the issue and the sums due can remain under close public scrutiny.

  The Committee of Ministers has also adopted the Interim Resolution on the second interstate case, Georgia v. Russia (II). The European Court’s judgment on this case has become final in October 2021 and concerned various violations in the context of the armed conflict between Georgia and the Russian Federation in August 2008.

  The Committee has urged again the Russian authorities to submit to the Committee of Ministers a plan on the execution of this judgment and to investigate the serious crimes committed during the active phase of hostilities as well as during the period of occupation. It has firmly reiterated again its profound concern about the inability of Georgian nationals to return to their homes in South Ossetia and Abkhazia and its insistence that the Russian Federation, which has effective control over these regions, ensure without delay safe return of persons wishing to return to their homes. The question of just satisfaction in this case remains pending at the Court.

  The Committee of Ministers will restart the examination of the execution of both cases in March 2023.  

  -------
  (*) An Interim Resolution is a form of decision adopted by the Committee of Ministers aimed at overcoming more complex situations requiring special attention.

• Georgian President visits France

  Georgian President Salome Zourabichvili is visiting France to attend high-ranking meetings in Strasbourg and Paris.

  The president will participate in the World Forum for Democracy 2022 and the Paris Peace Forum.

  According to the President’s press office, Zourabichvili will meet with Secretary General of the Council of Europe, Marija Pejčinović Burić, and PACE President Tiny Kox.

  On the sidelines of the World Forum for Democracy, Zurabishvili will also meet the Prime Minister of Iceland, Katrín Jakobsdóttir.

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

  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