The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, urged the Georgian authorities to effectively investigate cases of police ill-treatment, reduce the Special Investigation Service’s reliance on the Prosecutor’s Office, and review recent legislative changes. In two letters to the Committee of Ministers, he addressed the cases of Tsintsabadze v. Georgia and Makarashvili and Others v. Georgia.

In his letter, O’Flaherty emphasized that law enforcement actions, particularly during public assemblies, must adhere to the principles of legality, necessity, and proportionality. Drawing on his January 2025 visit to Georgia, he noted that recent events, such as the violent crackdown on pro-European demonstrations, underscore the need for the authorities to implement several measures.

The Commissioner stressed that identifying police officers is essential to strengthen accountability and that effective, independent investigations into cases of police ill-treatment, including unlawful detention and other forms of violence, must be conducted.

O’Flaherty recommended strengthening the Special Investigation Service, reducing its dependence on the Prosecutor’s Office, and granting it the authority to suspend law enforcement officers under investigation. This recommendation comes as the Georgian Dream-led parliament adopted a bill in its first reading to merge the Special Investigation Service with the Prosecutor’s Office.

Regarding the Makarashvili and Others v. Georgia case, the Commissioner highlighted ongoing issues in Georgia related to the arbitrary use of administrative detention and the lack of substantive judicial review of such cases in Georgian courts.

The Commissioner called on the Georgian Dream government to:

Reform the Code of Administrative Offences through “meaningful consultations” with civil society, the Public Defender’s Office, and international organizations (OSCE/ODIHR, Venice Commission);

Review legislative amendments adopted since November 2024 that disproportionately restrict the right to peaceful assembly, particularly those extending administrative detention periods to 60 days;

Ensure timely and independent judicial reviews, access to a lawyer from the outset, the right to present evidence and witnesses, and a fair, independent trial in line with Article 6 of the European Convention on Human Rights.