Georgia: Statement by the High Representative on the adoption of the “foreign influence” law
On Tuesday, the Georgian Parliament adopted the new law on “transparency of foreign influence” in a first reading. This is a very bad development for Georgia and its people.
The law in its current form risks having a chilling effect on civil society and media organisations, with negative consequences for the many Georgians benefiting from their work. This law is incompatible with EU values and standards. It goes against Georgia’s stated objective of joining the European Union, as supported by a large majority of Georgian citizens. Its final adoption may have serious repercussions on our relations.
The European Union urges Georgia to uphold its commitment to the promotion of democracy, the rule of law and human rights, and recalls the right of people to a peaceful protest.
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Azerbaijan launches localised anti-terrorist operation in Karabakh
Baku/19.09.23/Turan: The Azerbaijani armed forces launched an anti-terrorist operation in Karabakh on 19 September, the Defence Ministry said at noon.
Systematic shelling, mining of territories, strengthening of combat positions, growth in the number of trenches and dugouts by the Armenian armed forces in Karabakh has caused increased tensions, the Defence Ministry said in a statement.
There is observed strengthening of combat positions with personnel, armoured vehicles, artillery and other firepower, bringing units to a high level of combat readiness, creation of additional mobilisation units, expansion of reconnaissance activities, penetration deep into the positions of the Azerbaijani armed forces to repeatedly mine cleared territories and civilian roads for sabotage and terrorist purposes, the statement said.
On 19 September in Karabakh, 6 people, including four policemen, were killed as a result of mines planted by Armenian saboteurs.
Local anti-terrorist measures have been launched in the region "in order to ensure the provisions of the Trilateral Statement of November 2020, the suppression of large-scale provocations in the Karabakh Economic region, the disarmament and withdrawal of the armed forces of Armenia from our territories, the neutralization of their military infrastructure, ensuring the safety of civilians who have returned to the territories liberated from occupation and civil servants involved in the construction and restoration work and our military, as well as the restoration of the constitutional order of the Republic of Azerbaijan".
Within the framework of the measures mentioned above, positions of the Armenian armed forces formations, their long-term firing points, as well as military means and military facilities are put out of action using high-precision weapons in the front line and in depth.
We reiterate that the civilian population and civilian infrastructure are not targets, only legitimate military targets are taken out of action.
The command of the peacekeeping contingent of the Russian Federation and the leadership of the Turkish-Russian Monitoring Centre have been informed about the activities," the statement said.
Within the framework of the measures, positions of the Armenian armed forces formations, their long-term firing points, as well as military means and military facilities are put out of action using high-precision weapons in the front line and in depth.
We reiterate that the civilian population and civilian infrastructure are not targets, only legitimate military targets are taken out of action.
The command of the peacekeeping contingent of the Russian Federation and the leadership of the Turkish-Russian Monitoring Centre have been informed about the activities," the statement said.
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Georgian draft law on de-oligarchisation: Supporting the goal of limiting excessive influence of oligarchs, Venice Commission calls for systemic reforms
Strasbourg, 14.03.2023 – In its interim opinion on the draft law of Georgia on de-oligarchisation published today, the Council of Europe’s body of constitutional experts, the Venice Commission, called on the Georgian authorities to adopt systemic reforms rather than targeting specific individuals, in order to achieve “de-oligarchisation”.
“Oligarchisation” is the result of a combination of non-transparent exercise of political power without a political mandate, influence on parliaments, governments, political parties, judiciary and law enforcement bodies; ownership or influence on the media; decisive, if not monopolistic, influence on a number of areas, such as energy, mining, oil and gas, metallurgy, real estate. Eliminating such excessive influence of vested interests in economic, political and public life is a novel and very complex issue.
The Venice Commission noted that while Ukraine was the first country to adopt specific de-oligarchisation legislation, the commitment to eliminate the excessive influence of vested interests in economic, political and public life was also the object of a specific European Commission recommendation to Georgia and the Republic of Moldova. Georgia has since prepared a draft law which is very closely modelled on Ukrainian Law. Each country, however, presents specificities.
The Venice Commission supported the goal of eliminating or at least limiting the influence of oligarchs in political, economic and public life. It highlighted, however, that the choice of the means to achieve such a legitimate goal is of decisive importance if the system is to be effective while respecting democracy, the rule of law and fundamental rights. Any such measures should be commensurate to the goal pursued of achieving a level playing field for all actors in society.
The Commission stressed that de-oligarchisation should be ensured through a systemic approach, which has a preventative effect and targets numerous fields, such as legislation relating to media, anti-monopoly, political parties, elections, taxation, anti-corruption and anti-money laundering, etc.
The Georgian draft law instead focuses on a so-called “personal” (punitive) approach, seeking to identify so-called “oligarchs” through specific criteria, such as wealth and media ownership, to publicly label them as “oligarchs” and to subject them to series of blanket limitations that include exclusion from the financing of political parties or activities, exclusion from privatisations of public property, etc. This approach, in the opinion of the Venice Commission, carries high risks of human rights violations and arbitrary application, potentially harming political pluralism. At the very least, the Commission recommended transferring the power to designate a person as an “oligarch” to another body than the Government, removing the broad discretion of the Government in interpreting and applying these criteria and providing strong guarantees for human rights, due process and effective remedies.
The Venice Commission has prepared the current opinion as an interim one, with a view of pursuing its analysis of possible solutions to this matter and taking into account further legislative developments when they are available.
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STATEMENT OF THE MINISTRY OF INTERNAL AFFAIRS
The Ministry of Internal Affairs, on the basis of Article 17418 under the Code of Administrative Offenses, launched administrative proceedings, which implies Desecration of official symbols of the European Union, the North Atlantic Treaty Organization or other international organizations or desecration of the flag or coat of arms of other states.
The law enforcement officers will identify and fine the violators.The Ministry of Internal Affairs calls on rally participants gathered near the Parliament, not to go beyond the limits defined by the law on freedom of assembly and expression, observe the norms of public order and follow the lawful requests of police.Each act of violation will be immediately foiled by police and strict legal response will be followed. -
Georgia: EU welcomes withdrawal of draft legislation on “foreign influence”
The EU Delegation to Georgia has welcomed today’s announcement by the Georgian ruling party ‘Georgian Dream” that it would withdraw the draft legislation on the “Transparency of foreign influence”.
“We encourage all political leaders in Georgia to resume pro-EU reforms, in an inclusive and constructive way and in line with the 12 priorities for Georgia to achieve candidate status,” the Delegation said on Twitter.
On 7 March, the bill passed its first reading in the Georgian parliament, despite widespread protests.
The EU said the law was incompatible with EU values and standards and goes against Georgia’s stated objective of joining the European Union, adding that this is “a very bad development for Georgia and its people”.
Find out more
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STATEMENT OF THE MINISTRY OF INTERNAL AFFAIRS
Briefing of the Director of the Central Criminal Police Department – Teimuraz Kupatadze
As is known to the public, on March 7 and 8, protest rally was held near the Legislative Body of Georgia and on Rustaveli Avenue, which went beyond the norms established by the law on freedom of expression and peaceful assembly and turned into violent actions.First of all, I would like to emphasize that it is categorically not allowed to verbally assault, attack or carry out violent actions against police officers.Within these two days, as a result of the violent actions of the rally participants, 58 employees of the Ministry of Internal Affairs were injured, among them 5 are still in various medical facilities.Everyone witnessed clearly how they threw burning objects, pyrotechnics or the so-called “Molotov cocktails” to my colleagues, as a result of which several of them received severe burns.Herewith, it was clearly visible in media live coverages how rally participants threw various blunt objects, stones, wooden or iron objects at the police, as a result of which many policemen received severe injuries.The Ministry of Internal Affairs studies each case of violence against police officers, and the identified criminals will be brought to justice with the full severity of the law.We would like to provide the public with summarized information on the recent events in the area surrounding the Parliament and on Rustaveli Avenue.On March 7 of the current year, after announcing that manifestation was planned to take place, the representatives of the relevant units of the Ministry of Internal Affairs, in order to protect public order, were stationed near the legislative body and ensured the peaceful conduct of manifestation.However, at the end of the day, the participants of the rally tried to block the entrances to the Parliament.In order to restore public order, based on the necessity, police consistently applied proportional force and special means of coercion provided by the Law of Georgia "On Police" after the warning announcements.Despite numerous calls from the Ministry of Internal Affairs to continue manifestation within the framework of the law, protesters continued their violent actions on Chichinadze and Chitadze streets.In order to ease the tension and de-escalate the situation, the police forces opened the road for the rally participants, cleared the streets surrounding the Parliament and called on them to continue manifestation peacefully.Nevertheless, the rally participants threw various objects - stones, so-called “Molotov Cocktails”, inflammables, blunt objects - at the direction of the police officers, and physically attacked and resisted them. They also damaged vehicles on purpose belonging to the Ministry and special police gear.Later on, the crowd began an organized attack on the parliament building, throwing so-called Molotov cocktails and pyrotechnics.We all saw that the protesters set fire to the building of the legislative body, threw stones, broke the windows and damaged the protective barriers.Deliberate, mass violation of public order continued for several hours. In order to restore the public order, the police applied the proportional force and special means several times.During the manifestation, the law enforcement officers arrested 66 people in accordance with Articles 166 and 173 of the Code of Administrative Offenses, on the facts of petty hooliganism and disobedience to the legal demands of the police.The rally continued on the second day near the legislative body.In order to de-escalate the situation, employees of various police units were stationed in the inner territory of the Parliament.Throughout the day, the police protected the public order in the area surrounding the legislative body.Within the framework of the mandate defined by the Law of Georgia "On the Police", with the purpose to ensure safety, the police carried out superficial inspection of citizens near the place where manifestation was held, as a result of which 10 people were arrested. They brought illegal items at the rally, intended for violent actions, including stun gun, batons, stones, and various types of pyrotechnics.The participants of the rally gathered in front of the Parliament had the opportunity to hold a protest in a peaceful and safe environment.Nevertheless, calls for violent actions were periodically heard from individuals.After one of the speakers called on the gathered people to picket the legislative body, the protesters began to block the entrances leading to the parliament and picket the building.The gathered people damaged the protective barriers located near the parliament building, entrance doors, smashed the building's windows, damaged the iron grilles, threw stones, various objects and pyrotechnics at the parliament building and yard.Therefore, the police forces of the Ministry of Internal Affairs, in order to maintain public order, prevent violent and aggressive actions from the side of law-breakers, applied appropriate coercive measures and special means provided by the Law of Georgia "On Police".Despite numerous attempts by the police to defuse the tense situation, the people gathered on Rustaveli Avenue started attacks in the direction of the police officers, throwing Molotov cocktails, stones, wooden poles and other objects.The rally participants damaged, overturned and set fire to vehicles belonging to the Ministry of Internal Affairs. They damaged the bus of the Special Tasks Department with stones, painted and damaged the fire truck as well. Material property belonging to Tbilisi City Hall was damaged as well.Throughout the night, the participants of manifestation violated the public order and the rule of law, resisted police officers, damaged the infrastructure and set fire to various things on the central avenue and its surrounding locations.On March 7-8 of the current year, due to the facts of law violations that occurred during the protest rally in the vicinity of the Parliament, the law enforcement officers arrested one individual under Article 353(1) while 133 people were taken under arrest in total in accordance with Articles 166 and 173 envisioned by the Code of Administrative Offences.Some of the detainees were brought before the court yesterday. The rest of the arrestees were released, as the term of stay in the temporary detention center was expired and will appear at the court later.the Ministry of Internal Affairs continues investigation in order to determine, identify and arrest all those who attacked policemen and other violent actions during the protest.Violent incidents are being investigated under Articles 353 (1) and 187 of the Criminal Code of Georgia.
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