Overview

This Memorandum by the Council of Europe Commissioner for Human Rights, which was published 15 months after his first Memorandum, assesses two interrelated developments in Georgia: (1) the continuing lack of accountability for alleged abuses committed by law enforcement during protests in 2024 and early 2025, and (2) the progressive restriction of democratic freedoms, particularly the rights to freedom of peaceful assembly, association, and expression.

The Commissioner concludes that only limited progress has been made in ensuring accountability for police violence, while legislative and administrative measures adopted since 2023—and intensified during 2025 and 2026—have significantly narrowed civic space and raised serious concerns regarding Georgia’s compliance with the European Convention on Human Rights (ECHR).

I. Accountability for Law Enforcement Misconduct

(a) Limited Progress in Investigating Protest-Related Abuses

The Commissioner notes that despite previous recommendations issued in March 2025, investigations into allegations of excessive force by law enforcement officers during demonstrations remain largely ineffective and incomplete.

Although Georgian authorities have proposed legislation requiring police officers to wear visible identification numbers—a measure welcomed by the Commissioner—substantive accountability remains limited. The first publicly known criminal prosecution of police officers for protest-related violence occurred only in May 2026, when five current or former officers were charged in connection with the alleged ill-treatment of a protester, a politician, and a journalist.

This development is considered insufficient when measured against the scale of the allegations. The Public Defender received complaints from approximately 360 individuals alleging ill-treatment, including reports of torture and threats of sexual violence. More than 180 persons have been granted victim status, yet only a small number of officials have been prosecuted.

(b) Concerns Regarding Independence of Investigations

A central concern is the abolition of the Special Investigative Service (SIS) in July 2025 and the transfer of its functions to the Prosecutor’s Office. The Commissioner had previously advocated strengthening, rather than dismantling, an independent investigative mechanism.

According to the Commissioner, placing investigations of police misconduct under the Prosecutor’s Office raises legitimate concerns regarding institutional independence because prosecutors routinely cooperate with law enforcement agencies in criminal investigations. This may undermine public confidence in the impartiality of investigations.

The Commissioner further recalls multiple judgments of the European Court of Human Rights (ECtHR) finding Georgia responsible for failures to conduct effective investigations into allegations of ill-treatment and excessive use of force.

(c) Classification of Offences

The Memorandum criticizes prosecutorial practice for classifying many incidents under lesser offences such as abuse of authority or obstruction of journalistic activities rather than under provisions criminalizing torture, threats of torture, or inhuman and degrading treatment.

According to the Commissioner, available evidence gathered by the Public Defender, journalists, and human rights organizations appears to justify consideration of more serious criminal charges.

(d) Use of Chemical Substances in Water Cannons

Particular attention is devoted to the authorities’ eventual acknowledgment that chemical substances were mixed into water cannons used against protesters in 2024.

The Commissioner notes that senior officials had initially denied such use. Following media revelations and subsequent admissions by government representatives, authorities stated that the substance consisted of CS gas mixed with propylene glycol.

The Commissioner calls for a fully independent, transparent, and comprehensive investigation into the legality and proportionality of this practice. He emphasizes that the use of chemical irritants in crowd-control operations must comply with the principles of legality, necessity, proportionality, and precaution established under international human rights standards and the 2020 UN Human Rights Guidance on Less-Lethal Weapons.

Main Recommendations on Accountability

The Commissioner recommends:

• Adoption and effective implementation of police identification requirements;
• Independent, prompt, and thorough investigations into all allegations of police misconduct;
• Examination of command responsibility in addition to individual liability;
• Reclassification of cases where evidence indicates torture or inhuman treatment;
• Independent investigation into the use of chemically enhanced water cannons; and
• Full implementation of ECtHR judgments concerning protest policing and ill-treatment.

II. Increasing Restrictions on Democratic Freedoms

A. Freedom of Peaceful Assembly

The Commissioner concludes that legislative amendments adopted throughout 2025 have substantially restricted the right to peaceful assembly.

(a) Increased Sanctions

October 2025 amendments significantly increased penalties for protest-related conduct:

• Administrative fines increased to as much as GEL 15,000;
• Administrative detention of up to 60 days became available for first-time protest-related offences;
• Repeated administrative violations can now lead to criminal prosecution and imprisonment of up to two years.

The Commissioner considers these measures disproportionate and likely to produce a chilling effect on public participation in demonstrations.

(b) Restrictions on Spontaneous Assemblies

December 2025 amendments introduced additional notification requirements, including for spontaneous protests, and empowered the Ministry of Internal Affairs to alter the location or timing of demonstrations.

The Commissioner stresses that spontaneous assemblies are protected under European human rights standards, particularly when they arise as an immediate response to political developments. Measures effectively preventing spontaneous protest are viewed as incompatible with the ECHR.

(c) Enforcement Practices

Concerns are heightened by extensive enforcement activity. Thousands of administrative cases have reportedly been initiated against protesters, numerous individuals have received detention sentences, and criminal prosecutions have begun under newly enacted provisions.

Taken together, the Commissioner concludes that the cumulative effect of these legislative changes raises serious concerns regarding compliance with Article 11 of the ECHR.

B. Freedom of Association

The Memorandum expresses serious concern regarding legislation targeting civil society organizations and foreign-funded entities.

(a) Foreign Agents Registration Act (FARA)

In April 2025 Georgia adopted the Foreign Agents Registration Act (FARA), requiring persons and organizations engaged in broadly defined political activities on behalf of foreign principals to register as foreign agents.

The Commissioner considers FARA more restrictive than the already controversial Transparency of Foreign Influence Law. He notes that the terminology of “foreign agent” is inherently stigmatizing and risks portraying civil society organizations as disloyal or acting against national interests.

Failure to comply may result in criminal liability carrying prison sentences of up to five years.

(b) Restrictions on Foreign Funding

Additional amendments introduced strict governmental approval requirements for foreign grants and expanded the definition of grants to encompass a wide range of financial and technical assistance.

The Commissioner argues that these measures unduly restrict civil society’s ability to obtain resources and operate independently. He notes evidence that international donors have reduced funding and that several organizations have suspended activities or legal aid programs as a result.

(c) Investigations Against NGOs

The Memorandum highlights administrative and criminal investigations involving dozens of organizations. Authorities have sought extensive information from NGOs, frozen bank accounts, and launched investigations concerning alleged sabotage and threats to state security.

The Commissioner expresses concern that these measures, combined with hostile official rhetoric, may be intended to intimidate government critics and suppress independent civic activity.

C. Political Pluralism

The Commissioner also addresses legislative changes facilitating the banning of political parties and restrictions on political participation.

Following investigations into the activities of former governing parties, the ruling party sought constitutional court proceedings to ban several major opposition forces. Simultaneously, opposition politicians have faced criminal prosecutions and imprisonment.

The Commissioner considers these developments incompatible with principles of political pluralism protected by the ECHR.

D. Freedom of Expression and Media Freedom

The Memorandum identifies growing restrictions on independent journalism and public expression.

Key concerns include:

• A ban on foreign funding of broadcasters;
• Expanded regulatory powers for the Communications Commission;
• Amendments to defamation law shifting burdens of proof onto defendants;
• Criminal proceedings against journalists, including the continued imprisonment of journalist Mzia Amaghlobeli; and
• Ongoing restrictions affecting LGBTI-related expression under the Law on Protecting Family Values and Minors.

The Commissioner warns that these measures may encourage self-censorship and undermine media independence.

Conclusion

The Commissioner concludes that Georgia is experiencing a significant deterioration in democratic freedoms. While isolated steps toward accountability have been taken, investigations into protest-related abuses remain inadequate and concerns regarding impunity persist. At the same time, a broad package of legislative and administrative measures has progressively restricted peaceful assembly, civil society activity, political pluralism, and freedom of expression.

The Memorandum therefore calls on the Georgian authorities to repeal or substantially revise the restrictive legislation adopted since 2024, restore conditions for independent civil society and political opposition, ensure genuine accountability for law enforcement misconduct, and fully comply with Georgia’s obligations under the European Convention on Human Rights.