Nika Gvaramia’s release following President Zourabichvili’s pardon is a positive step for freedom of expression and media freedom in Georgia. However, it is deeply disturbing that the director of a pro-opposition TV channel could ever have been imprisoned on groundless, politically motivated charges.

“Georgia has committed to undertake a series of human rights reforms as part of its bid to join the European Union. Yet these commitments ring hollow amid growing encroachment on freedom of expression. This was evident in parliament’s recent attempts to pass legislation requiring civil society organizations that receive 20 per cent or more of their funding from abroad to register as ‘agents of foreign influence’.

“While we commend the President for her decision and efforts to safeguard against deterioration of human rights standards, Georgian authorities must resist the pull to silence critical voices and instead ensure all human rights are upheld, including the right to freedom of expression and by extension, a free press.”

Background

Amnesty International had previously criticised Nika Gvaramia’s arrest as baseless and politically motivated.

The rights to freedom of expression and peaceful protest have come under increased attack after widespread peaceful aimed at discrediting independent, foreign-funded organisations and media outlets.

In June police broke up several peaceful protests and also arrested several human rights defenders for holding posters, including a blank piece of paper as a sign of peaceful protest.

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The authorities have finally pledged to listen to the voices of protesters who filled city streets for two days, showing great courage as they faced water cannon jets and clouds of tear gas.

Marie Struthers, Eastern Europe and Central Asia Director, Amnesty International

“The authorities have finally pledged to listen to the voices of protesters who filled city streets for two days, showing great courage as they faced water cannon jets and clouds of tear gas. All those who were detained for peacefully exercising their right to freedom of assembly must now be immediately released”

“Security forces used not only water cannon and tear gas, but also stun grenades as they dispersed crowds on the second day of protests in Tbilisi, often directing them at peaceful protesters without prior warning. A number of protestors reported that police blocked exit routes, while at the same time chasing, arresting, beating and throwing stun grenades at demonstrators. The police beat and detained at least 77 people, including peaceful protestors and journalists.

In many instances, the use of force by police was neither proportionate nor necessary and failed to minimize harm and injury.

Marie Struthers, Eastern Europe and Central Asia Director, Amnesty International

“In many instances, the use of force by police was neither proportionate nor necessary and failed to minimize harm and injury. Water cannons should only be used when it is strictly necessary to contain or disperse crowds, or when the level of violence has reached levels that cannot be dealt with by more peaceful means. Similarly, tear gas must not be used in excessive quantities, fired into confined spaces or directly at individuals. The combined intensive use of tear gas and water cannon can constitute torture or other ill-treatment and should be thoroughly investigated.”

Background

The widely criticized legislation sparked mass protests in Tbilisi on 7 March, the same day the Parliament of Georgia adopted the first of two bills on “foreign agents” in its first hearing.

The protests, which lasted for two days and were largely peaceful, at times turned violent. Demonstrators smashed windows of the Parliament of Georgia, destroyed fences and threw rocks at police. Over 77 individuals were apprehended by law enforcement. The police also used water cannons and tear gas to disperse the crowds.

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These bills are incompatible with international human rights law and standards that protect the rights to freedom of expression and association.

“The ‘foreign agent’ bills seek to marginalize and discredit independent, foreign-funded groups and media that serve the wider public interest in Georgia,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch.

The ‘foreign agent’ bills seek to marginalize and discredit independent, foreign-funded groups and media that serve the wider public interest in Georgia.

Hugh Williamson, Europe and Central Asia Director, Human Rights Watch

“They clearly aim to restrict critical groups and crucial media, violate Georgia’s international obligations, and would have a serious chilling effect on groups and individuals working to protect human rights, democracy, and the rule of law.”

At a joint session of the parliamentary committees to review the bills on 2 March 2023, there were verbal and physical confrontations between members of parliament from the ruling party and opposition parties. There were also peaceful protests against the bills outside the parliament building, resulting in the arrest of 36 people. They were charged with administrative infractions of hooliganism and police disobedience, and later released. Twenty-two people face trials on administrative charges.

On 14 February, a faction in the parliament formed by the members who left the ruling Georgian Dream party but remained in the parliamentary majority, proposed the “On transparency of foreign influence” bill, which requires non-governmental groups, and print, online and broadcast media that receive 20 percent or more of their annual revenue – either financial support or in-kind contributions – from a “foreign power” to register as “agents of foreign influence” with the Ministry of Justice. The bill defines “foreign powers” as foreign government agencies, foreign citizens, legal entities not established under Georgian legislation, and foundations, associations, companies, unions and other organizations or associations under international law.  

Organizations and media outlets registered as an “agent of foreign influence” would be obliged to submit an electronic financial declaration, including full data on the source, amount, and purpose of any money and other material benefits received and spent. This duplicates some reporting obligations to tax and other agencies, and would further put at risk the privacy of those related to the association. The Ministry of Justice would be authorized to investigate and request and study additional information, including personal data. The proponents of the bill have not explained how this duplicative and onerous reporting increases transparency or accountability, but rather appears to be a blatant effort to restrict the ability of associations and media to operate freely and independently, and stigmatize independent groups, Human Rights Watch and Amnesty International said.

The draft bill imposes a fine of GEL 25,000 (US$ 9,600) for evasion of registration or failure to submit the full financial declaration.

The draft bill imposes a fine of GEL 25,000 (US$ 9,600) for evasion of registration or failure to submit the full financial declaration.

On 22 February, the same members of parliament registered another version of the bill, which expands the scope of “agents of foreign influence” to include individuals and increases the penalties for failure to comply from fines to up to five years in prison. The bill says that a physical individual or a legal person, on the basis of the “interests of foreign force,” would be considered an “agent” of a “foreign power” if they: participate in ongoing political activities in Georgia; act as a public relations adviser, advertising agent, employee of a news service, or political adviser; or finance various organizations in Georgia, lend money or other property, and represent the interests of a foreign power in Georgia in relations with state bodies. Many of these vague concepts, including “political activities,” are not clearly defined in law and could further restrict the right to freedom of association.

On 27 February, the parliamentary bureau decided to send both bills to the relevant committees for consideration. The ruling Georgian Dream party expressed public support for the bills.

The bills have triggered strong criticism from Georgian civil society groups, multilateral organizations, and bilateral partners. In a joint statement, about 400 local non-governmental groups and media outlets said that the adoption of the bill would amount to “an attack on the core Georgian values of dignity, independence and solidarity” and would harm the people of Georgia.

The United Nations in Georgia expressed “profound concern” on 26 February, noting that, if adopted, the law “is likely to impede the work of the UN to implement” its sustainable development programme. The US and EU ambassadors, the spokespersons for the EU high representative, Josep Borrell, and the US State Department have also criticized the bill,  saying  that it is incompatible with Georgia’s Euro-Atlantic aspirations. In a 28 February open letter, the Council of Europe human rights commissioner, Dunja Mijatović, said that the law could have a serious chilling effect on the work of civil society organizations in Georgia.

President Salome Zurabishvili said that she would veto the law, as she “cannot support such legislation and persecution of new agents.”

President Salome Zurabishvili said that she would veto the law, as she “cannot support such legislation and persecution of new agents”

The ruling party, which has the parliamentary majority to overcome the veto, claims that the bill aims merely to ensure the transparency of non-governmental organizations and media outlets. The bill’s supporters have invoked alleged similarity to the US Foreign Agent Registration Act (FARA), and its authors state that the second version of the bill is a direct translation of FARA.

Civil society organizations have condemned this comparison as disingenuous and misleading as the US law primarily regulates lobbyists and does not serve as a mechanism for weakening civil society organizations and media. It also does not equate receiving foreign funding, in part or in whole, with being under the direction and control of a foreign principal. Various statements by the bill’s initiators and the ruling party leaders, which have been increasingly critical of civil society organizations and media outlets supporting the opposition in the country, strongly suggest that, if adopted, the authorities would weaponize this law to further stigmatize and penalize independent groups and media outlets that are critical of the government.

The leader of the Georgian Dream party, which anchors the ruling parliamentary coalition, said in an interview with the pro-government TV Imedi on 2 March that the bill would have a “preventive effect” in dealing with the “radical opposition and CSOs [civil society organizations] affiliated with it,” and that, as a result, “donors would abstain from financing polarization.” 

The ruling coalition considers groups that challenge government decisions as “radical” and accuses them of unilaterally fuelling polarization in the country. Statements like these send a chilling message to state critics, who may be deterred from freely expressing their opinions for fear of reprisals.

The draft laws contradict Georgia’s obligations under the European Convention on Human Rights and the International Covenant on Civil and Political Rights (ICCPR), to which Georgia is a party. While certain limitations of the rights to freedom of expression and association are permissible under international law, they must be provided by a clear and accessible law, and be necessary and proportionate to a legitimate aim. The current bills do not meet this test, Human Rights Watch and Amnesty International said, and would impose undue restrictions on these rights.

The right to seek, receive and utilize resources from national, international and foreign sources is an inherent part of the right to freedom of association. This has been established by numerous international and regional human rights mechanisms, including the Committee of Ministers of the Council of Europe in its 2007 recommendation “on the legal status of non-governmental organizations in Europe.”

In 2022, the European Court of Human Rights found Russia’s “foreign agents” law, which is similar to the Georgian drafts, in violation of Article 11 of the European Convention protecting the right to association. The court ruled that creating a special status and legal regime for organizations that receive funding from international or foreign sources was not justified, and that restrictions interfered with their legitimate functions.

The proposed draft bills trample on the rights of freedom of expression and association, and run counter to Georgia’s human rights obligations and therefore should never be adopted.

Marie Struthers, Eastern Europe and Central Asia Director, Amnesty International

“The proposed draft bills trample on the rights of freedom of expression and association, and run counter to Georgia’s human rights obligations and therefore should never be adopted,“ said Marie Struthers, Amnesty International’s director for Eastern Europe and Central Asia.

“Instead of passing bills that would clearly impede the work of independent voices that the government doesn’t like, the authorities should be discussing ways to guarantee a safe and enabling environment for civil society.”

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“The denial of adequate medical care to Mikheil Saakashvili may amount to torture or other cruel, inhuman, or degrading treatment, and is putting his life at grave risk,” said Denis Krivosheev, Deputy Director for Eastern Europe and Central Asia at Amnesty International.

“Deaths in custody resulting from the deliberate denial of health care amount to arbitrary deprivation of life, which is a serious violation under international human rights law. The Georgian authorities should urgently take measures to protect Saakashvili’s health, including considering his release on medical grounds.”

Two independent medical teams have concluded that Saakashvili has developed a number of life-threatening health conditions while in custody for the past 16 months. According to one of them, a group of forensic medical experts, Saakashvili is suffering from psychological, neurological, orthopaedic and gastrointestinal conditions that threaten his life and require medical treatment that is not available in Georgia. Furthermore, according to independent medical experts under the auspices of the Public Defender, who visited Saakashvili on 19 February, his health further deteriorated since their previous visit in December 2022 and he will soon face irreversible organ damage.

Georgian law provides for courts to grant release of seriously ill prisoners; however, such requests are often denied. On 6 February, a court in Tbilisi declined Saakashvili’s motion filed in December to defer or suspend his sentence on medical grounds. Saakashvili’s lawyers have appealed the decision.

Medical decisions on the need for ongoing medical care and observation outside of prison or on releasing inmates on grounds of medical necessity should be taken by the responsible health care professionals and not overruled or ignored by non-medical authorities. Georgian law should allow for health care professionals to assess the needs of their patients in prison and allow for them to be transferred to adequate facilities or for medical release where necessary.

“A prison sentence should not mean a death sentence, where treatable conditions tragically become fatal,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. “The Georgian authorities need to humanize this aspect of the country’s criminal justice system and bring it in line with international standards. They should start by providing remedies that guarantee prompt medical care, and where necessary, that envisage release from custody of anyone who, because of their state of health, is considered incapable of remaining in detention.

Background

Mikheil Saakashvili, who served as President of Georgia from 2004-2013, is serving a six-year sentence on two cases of abuse of power in relation to the beating of Valery Gelashvili, an opposition politician, by police special forces in 2005.

Saakashvili was tried and sentenced in absentia in 2018. Absentia convictions violate international fair trial norms. He was arrested following his return to Georgia on 1 October 2021 and is facing additional abuse of power charges. His supporters say the charges are politically motivated.

Saakashvili’s health has rapidly deteriorated while he was in custody. He has lost more than 50 kilograms and developed serious psychological, orthopedic and gastrointestinal health conditions. The forensic medical report published on 1 December concluded that he requires urgent treatment that he could not receive in Georgia. On 6 December a separate report by another group of medical experts appointed by the Georgian Public Defender confirmed Saakashvili’s health conditions were “severe,” requiring urgent change to his “ineffective treatment.”

The Georgian authorities contend that Saakashvili’s health has deteriorated as a result of “self-harm” caused by several hunger strikes. They say he is receiving adequate medical care in Vivamedi, a private clinic in Tbilisi.

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The report, Eastern Europe and Central Asia: Protect Women from Violence in Crises and Beyond, exposes the institutional, social and cultural challenges faced by survivors of domestic violence in the region and demonstrates how disinterested and ill-adapted state institutions are in regard to their needs. Institutional, legal and other safeguards against such violence are largely inadequate and are being eroded even further due to a surge in traditional, patriarchal and openly misogynistic political rhetoric.

“Amnesty has documented the damaging effects of the Covid-19 pandemic and lockdown measures on safeguards against domestic violence in Eastern Europe and Central Asia. Crucially, these cannot be divorced from ineffective legal and institutional frameworks in the region, and deeply harmful political and social dynamics,” said Natalia Nozadze, Amnesty International’s Eastern Europe and Central Asia Researcher.

Amnesty has documented the damaging effects of the Covid-19 pandemic and lockdown measures on safeguards against domestic violence in Eastern Europe and Central Asia. Crucially, these cannot be divorced from ineffective legal and institutional frameworks in the region, and deeply harmful political and social dynamics.

Natalia Nozadze, Eastern Europe and Central Asia Researcher, Amnesty International

“The pandemic, Russia’s invasion of Ukraine, the unspeakable horrors of conflicts, and their ramifications across the region have made it more difficult for those experiencing domestic violence to report it. It’s also now more difficult to flee unsafe situations, access shelters and other critical support services, obtain protection orders (if at all available) or rely on effective legal remedies.”

Promotion of ‘traditional values’ undermines protections for survivors

According to recent data from the World Health Organization, around 20% of women in Eastern Europe and 18% of women in Central Asia have experienced physical or sexual violence in their lifetime. At the same time, most countries in the region have failed to take a stance against such violence or take effective steps to protect women’s rights.

Recent years have seen protections of the rights of women and girls, including those who are survivors of domestic violence, eroded across the globe, as exemplified by the US Supreme Court’s decision to roll back abortion rights and Turkey’s withdrawal from the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Many governments in Eastern Europe and Central Asia have followed this general trend.

“Governments across Eastern Europe and Central Asia are increasingly promoting ‘traditional values’ and equating the protection of gender equality and women’s rights with a loss of cultural and traditional identity, as part of efforts to secure broader support for their anti-human rights agenda. As a result, patriarchal attitudes, misogyny and homophobia have not only become more entrenched, but have flourished,” said Natalia Nozadze.

Governments across Eastern Europe and Central Asia are increasingly promoting ‘traditional values’ and equating the protection of gender equality and women’s rights with a loss of cultural and traditional identity.

Natalia Nozadze, Eastern Europe and Central Asia Researcher, Amnesty International

The Russian authorities offer a prominent example, having introduced state-sponsored homophobia and an unrelenting crackdown on human rights and women’s rights. In 2017, the Russian parliament even decriminalized some forms of domestic violence. The constitutional amendments adopted in 2020 promoted “protection of the family” and “protection of marriage as a union between a man and a woman.”

Similarly, in 2017 Kazakhstan decriminalized “intentional infliction of minor injury” and “battery”, while also weakening protections for survivors of domestic violence. In both Russia and Kazakhstan, activists reported a spike in cases of domestic violence following decriminalization.

Belarus considered a draft law on domestic violence yet rejected it in October 2018 after President Alyaksandr Lukashenka said it was against “Belarusian, Slavic traditions” and added that a “good belting could sometimes be useful” in domestic settings. Belarusian women are discouraged from reporting domestic violence because doing so may trigger a process that would see their family entered into a “social risk” register, which could result in the loss of parental rights and the institutionalization of their children.

Other leaders, including President Ilham Aliyev of Azerbaijan, in 2019, openly supported “a state based on traditional values” as opposed to a society that “does not distinguish between men and women.” Azerbaijan continues to force the survivors of domestic violence to go through mandatory mediation with their abusers for the “resumption of family affairs.”

Legal shortcomings, misguided approaches

Only three countries in the region, Georgia, Moldova and Ukraine, are state parties to the Istanbul Convention, while these same three and Kyrgyzstan have directly criminalized domestic violence. While most countries in the region have made some progress by adopting or reforming their laws to address domestic violence, the region lacks effective protection and support mechanisms for survivors of domestic violence as existing laws and policies remain inadequate.

A pervasive, deeply traditionalist approach of family mediation presents one of the main obstacles to offering greater protection to survivors. In many countries, preservation of “family unity” is seen as a bigger priority for the state than effectively protecting the rights of survivors. In practice, this often leads to survivors being coerced into staying with the abuser.

In Uzbekistan, local officials have been tasked with “strengthening family relationships and opposing various harmful influences alien to the national mentality.” For the authorities in Armenia and Azerbaijan, achieving family reconciliation in situations of domestic violence is their primary goal. In Kazakhstan, legal proceedings against an abuser may be terminated in case of reconciliation. In Russia and Tajikistan, survivors of violence bear the burden of proving that they have suffered harm — police and prosecutors generally will not assist them in this task.

Even in countries where domestic violence is criminalized, burdensome legal hurdles often leave survivors without effective protection or access to justice. In Ukraine, domestic violence meets the threshold of a criminal offence only if it has been officially documented as “systematic,” which means the perpetrator must have faced administrative proceedings for domestic abuse on at least three separate occasions.

Lack of supporting infrastructure

Across Eastern Europe and Central Asia, access to protection and information for survivors of domestic violence remains wholly inadequate. None of the countries in the region come close to achieving the minimum standards established by the Council of Europe, which require one available space in a shelter for every 10,000 people.

In many countries in the region, the authorities have practically refused to meet their obligation to set-up institutions to support survivors. Instead, shelters are often run and supported financially by non-profit organizations. In Russia, there are only 14 state-run shelters for women, despite a population of 146 million. In Ukraine, prior to Russia’s invasion, there were only 33 shelters nationwide for a population of around 42 million. As a result of the war, many domestic violence shelters are now used to house survivors of war.

Women also experience significant difficulties in accessing sexual and reproductive healthcare services in many countries. In Central Asia, three out of every five women reported difficulty accessing such services.

Access to abortion also deteriorated catastrophically during the Covid-19 pandemic. In Russia, a women’s rights group reported that, at the height of the pandemic in April 2020, only three of 44 hospitals in Moscow that they contacted were ready to provide non-emergency abortion services.

Further support for survivors of violence crucial

All countries in the region must criminalize domestic violence as a matter of urgency, remove the burden of proof from survivors, and abandon policies requiring mandatory mediation and reconciliation for the sake of family preservation. The authorities must also provide adequate resources to protection and support services, including shelters, and ensure that sexual and reproductive health services remain available and accessible.

It is absolutely crucial that protection and empowerment of women play a central role in public health policies, yet for many countries in Eastern Europe and Central Asia, this ideal remains an entirely unachieved goal.

Natalia Nozadze, Eastern Europe and Central Asia Researcher, Amnesty International

“It is absolutely crucial that protection and empowerment of women play a central role in public health policies, yet for many countries in Eastern Europe and Central Asia, this ideal remains an entirely unachieved goal. But there is a tool for establishing an effective and comprehensive legal framework on domestic violence — the ground-breaking Istanbul Convention. It is open to Belarus, Russia and countries in Central Asia, along with those within the Council of Europe,” said Natalia Nozadze.

“Nonetheless any institutional changes will be feeble unless governments address the surge in ‘traditional’ narratives, which continue to roll back women’s rights. Instead of exploiting these attitudes for political gain, governments in the region should place women’s rights at the centre of their policies.”

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“The sentencing of Nika Gvaramia is a blatant act of politically motivated prosecution in retaliation of his dissenting views and criticism of the authorities. He now faces years behind bars as the government ramps up efforts to silence dissenting voices. Nika Gvaramia must be immediately released.”

“Amnesty International is deeply concerned by the political motivation behind this case, which was designed to stifle freedom of expression. The organisation is concerned that the criminal threshold was not met, as has been confirmed by Transparency International and the Georgian Ombudsperson who monitored the trial. As this case proceeds to appeal these issues must be addressed.“

Amnesty International is deeply concerned by the political motivation behind this case, which was designed to stifle freedom of expression

Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia

“Nika Gvaramia’s conviction highlights mounting concerns over declining media freedom in Georgia and exposes the government’s growing influence over the courts in a number of cases aimed at muzzling their critics and opponents.”

Background

On 16 May, the Tbilisi City Court sentenced Nika Gvaramia to three years and six months in prison for “abusing his position” when he worked for the television station Rustavi 2. He was also found guilty of embezzlement, for which he was fined 50,000 Georgian lari (US$ 16,500).

His criminal conviction is based on the allegation that, as a director of Rustavi 2, Nika Gvaramia procured a company car for the TV station, as part of an advertisement deal, and used it for personal reasons. The prosecution also alleged that his failure to act in good faith over this deal harmed the financial interest of the company and amounted to embezzlement.

Nika Gvaramia, who once worked as a lawyer for former President Mikhail Saakashvili, is a prominent critic of the ruling Georgian Dream party.

He was initially charged on 6 September 2020, alongside Kakha Damenia, a former financial director of Rustavi 2, and Zurab Iashvili, the director of Inter Media Plus.

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“The violence against Tbilisi Pride organizers, activists and journalists was as lamentable as it was predictable. The Georgian authorities are responsible for failing to ensure their safety and their rights to freedom of expression and peaceful assembly. Instead of planning for this turn of events and providing a robust response to violence, the government deployed inadequately small numbers of policemen who were only reacting to violent attacks, rather than providing an organized protection for LGBTI activists.

Instead of planning for this turn of events and providing a robust response to violence, the government deployed inadequately small numbers of policemen who were only reacting to violent attacks, rather than providing an organized protection for LGBTI activists

Denis Krivosheev, Amnesty International’s Deputy Director for Eastern Europe and Central Asia

“The authorities have the nerve to put the responsibility for these homophobic attacks on Pride organizers, by urging them to cancel the event rather than offering protection. They also consistently fail in their duties by not properly investigating incidents of violence and bringing those suspected of responsibility to account.

“The authorities must put things right this time. They should publicly condemn attacks against LGBTI people and Pride organizers, making clear that such violence is a criminal offence and will not be tolerated. They must promptly investigate such attacks and prosecute those suspected to be responsible in fair trials. Another failure to address homophobic violence will only foster impunity and spread the dangerous message that such attacks will be tolerated, paving the way for further violence against LGBTI individuals, activists and organizations.”

The authorities must put things right this time. They should publicly condemn attacks against LGBTI people and Pride organizers

Denis Krivosheev, Amnesty International’s Deputy Director for Eastern Europe and Central Asia

Background

Tbilisi Pride march was planned on 5 July 2021 but was cancelled after violent counter-protesters assembled in city centre. Members of a violent homophobic mob climbed onto the balcony of the office of Tbilisi Pride, tearing a rainbow flag apart and breaking the windows before ransacking the building. The staff members of Shame Movement, who were hosting the Tbilisi Pride organizers, were forced to evacuate. According to the media reports, police were present in small numbers and failed to intervene effectively. Dozens of journalists who were planning to cover the Pride and became witnesses were then themselves attacked by the homophobic mob.

The Interior Ministry said in a statement that it had launched investigations into cases of “interference with journalist’s professional activities” (Article 154 of the country’s Criminal Code) and “violence” (Article 126). Simultaneously, the Ministry called on Tbilisi Pride organizers not to hold the March “in an open public space” because of the “scale” of the ongoing counter-rally.

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The climate crisis does not respect borders and our laws and policies must reflect this

Ashfaq Khalfan, Amnesty International's Law and Policy Director.

The Court will decide on whether it agrees to proceed with the case filed not only against Portugal, where the applicants live, but also 32 other countries – which comprise of EU members as well as Norway, Russia, Turkey, Switzerland, UK and Ukraine.

“The climate crisis does not respect borders and our laws and policies must reflect this. To ensure justice for people most affected by heatwaves, drought and forest fires – particularly children – states must be required to tackle climate change and its impacts at home and abroad,” said Ashfaq Khalfan, Amnesty’s Law and Policy Director.

“Governments can no longer act as if people outside their borders do not matter when they design their climate policies.”

The crowdfunded case, Duarte Agostinho and others v. Portugal and others, in which the group is intervening, has been brought by six youth from Portugal who are accusing 33 European countries of violating their human rights, including their right to life, by not taking adequate steps to limit greenhouse gas emissions.

To ensure justice for people most affected by heatwaves, drought and forest fires states must be required to tackle climate change and its impacts at home and abroad

Amnesty International

“Those affected by climate change should be allowed to make claims against governments other than their own. If governments are only required to act on the rights of people living within their borders, it is easier for them to ignore the impacts on people in the most affected countries and be more lethargic in their work to reduce greenhouse gas emissions” said Professor Mark Gibney, of the University of North Carolina Asheville.

If allowed to proceed, the case could set an important precedent, clearing the way for other climate lawsuits based on human rights arguments.

“This case is also important to ensure governments are required to design climate policy in a way that recognises the particular climate risks to children and take the ambitious climate protection measures needed to protect their rights,” said Gamze Erdem Türkelli, of the University of Antwerp. 

For more information contact Ashfaq Khalfan, Twitter: @ashfaqkhalfan

Gamze Erdem Türkelli, Twitter: @GamzeErdmTrklli

Amnesty International press office: Twitter @StefSimanowitz

For more details about the intervention, see:https://www.etoconsortium.org/en/news/news/first-climate-change-case-at-the-european-court-of-human-rights-justice-must-not-stop-at-borders-182/ . The submission is available here.

For more information on the case, see http://hudoc.echr.coe.int/eng?i=001-206535 and https://youth4climatejustice.org/the-case/.

BACKGROUND

The six applicants in this case, Cláudia Agostinho (21), Catarina Mota (20), Martim Agostinho (17), Sofia Oliveira (15), André Oliveira (12) and Mariana Agostinho (8), are suing the 27 European Union member states, as well as the UK, Switzerland, Norway, Russia, Turkey and Ukraine for failing to make deep and urgent emissions cuts to safeguard their future.

The group intervening today as a third party in the case is made up of members of the Extraterritorial Obligations Consortium which advocates for rights beyond borders.

It includes: Amnesty International; the Center for Legal and Social Studies (CELS); the Center for Transnational Environmental Accountability (CTEA); the Economic and Social Rights Centre (Hakijamii); FIAN International; the Great Lakes Initiative for Human Rights and Development (GLIHD); the University of Antwerp Law and Development Research Group; Prof. Dr. Mark Gibney; Dr. Gamze Erdem Turkelli; Dr. Sara Seck; Prof. Dr. Sigrun Skogly; Dr. Nicolas Carrillo-Santarelli; Prof. Dr. Jernej Letnar Cernic; Tom Mulisa; Dr. Nicholas Orago; Prof. Dr. Wouter Vandenhole; and Jingjing Zhang

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“Nika Melia and at least 20 others were arrested in chaotic scenes early this morning with police reportedly using tear gas or pepper spray in their efforts to detain him. Last week an appeal was lodged against a court decision to subject Melia to pre-trial detention for his alleged incitement of violence during 2019 anti-government protests. Arresting him, let alone violently, before the appeal has been considered shows the Georgian authorities’ flagrant disregard for the rule of law and authority and integrity of the judiciary, and suggests the arrest is politically motivated.

Arresting him, let alone violently, before the appeal has been considered shows the Georgian authorities’ flagrant disregard for the rule of law and authority and integrity of the judiciary, and suggests the arrest is politically motivated

Amnesty International’s Deputy Director for Eastern Europe and Central Asia, Denis Krivosheev

“Today’s raid comes against the backdrop of the use of excessive force and indiscriminate tactics against demonstrators – most of them peaceful – by police in 2019. The Georgian authorities’ attempts to prosecute political opponents for their role in the 2019 protests appear politically motivated and smack of repression of opposition and critics. The authorities must fully and effectively respect, protect, promote and fulfil the human rights of everyone.”

Today’s raid comes against the backdrop of the use of excessive force and indiscriminate tactics against demonstrators – most of them peaceful – by police in 2019

Denis Krivosheev

Background

In June 2019, anti-government and anti-Russian protests erupted in Tbilisi, after a visiting Russian MP occupied the Georgian parliamentary speaker’s seat while chairing the Interparliamentary Assembly on Orthodoxy. Police used excessive  and indiscriminate force on 20 June to disperse an anti-government demonstration of thousands in Tbilisi, including firing rubber bullets and tear gas. Around 240 people were injured, some seriously. More than 100 participants were detained on charges of confronting police and obstructing public order; most of them were released after having spent up to 15 days in administrative detention. Further protests took place at the end of the year, with police using water cannons in cold temperatures and other indiscriminate force.

Authorities launched a criminal investigation into the events, prosecuting 17 protesters including one opposition member of parliament, on charges of participating in or organizing group violence. They also prosecuted four police officers on charges related to disproportionate use of force. Nika Melia, who was at the site of the protests, was charged with incitement of violence. Some available video evidence shows him calling people to enter the parliament building “peacefully and with holding their hands up.” However violent clashes ensued after police prevented protesters from entering the parliament building.

Former Georgian Prime Minister Giorgi Gakharia resigned last week over the 17 February court ruling to arrest Melia. He said arresting the opposition leader could lead to further escalation of the political crisis, and threaten the well-being of the people.

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“As the COVID-19 pandemic unfolds in the region, many governments seem more interested in cracking down on dissent than protecting public health,” said Heather McGill, Amnesty International’s Central Asia Researcher.

“From authorities in Kazakhstan welding apartment doors shut to trap residents inside, to Chechen police assaulting people for not wearing face masks, governments seem to be viewing the pandemic as a free pass to trample on human rights. Any strict measures to stop the spread of the virus must be temporary, proportionate, and in line with human rights standards.”

From authorities in Kazakhstan welding apartment doors shut to trap residents inside, to Chechen police assaulting people for not wearing face masks, governments seem to be viewing the pandemic as a free pass to trample on human rights

Heather McGill, Amnesty International's Central Asia Researcher

Excessive use of force and restrictive measures
Authorities in Eastern Europe and Central Asia routinely resort to repressive measures to silence critical views. Unsurprisingly some governments have responded to the COVID-19 pandemic with disregard for basic human rights.

On 6 April, in Karakol, Kyrgyzstan, the authorities welded shut the doors of an entire apartment block housing dozens of families, after one resident tested positive for COVID-19. In Kazakhstan,  authorities have also enforced quarantines on blocks of flats by welding shut the doors and thereby forcing residents to stay inside.

On 18 April, the Ukrainian army closed off the only access to the village of Staromaryivka, which is situated in government-controlled territory affected by the conflict in eastern Ukraine. This left the village’s 150 residents with no access to the outside world, and no means of getting food, medical services or any other assistance.

At the end of March, in the Russian Republic of Chechnya, police were filmed wielding plastic pipes. Video evidence suggests that police physically assaulted people who did not wear face masks.

Threats to the right to health

In Belarus, Tajikistan and Turkmenistan, political leaders have belittled the seriousness of the pandemic and promoted cures with no proven efficacy. At the end of March, Aliaksandr Lukashenka of Belarus said daily shots of vodka would kill the virus as would visiting saunas and sports activities. As of today, his government has taken no physical distancing measures. His Turkmenistani counterpart Gurbanguly Berdymukhamedov, hardly mentioning COVID-19 at all, has advised burning the leaves of the harmala plant to ward off disease.

Across the region underfunded healthcare systems struggle to provide adequate care. In Russia, the reform of the public healthcare called “optimisation” over the last decade has led to a sharp reduction in the number of medical personnel and health facilities. Shortages of equipment have exposed medical staff to the virus.

Threats to freedom of expression and access to information

To combat the spread of the virus governments must ensure the dissemination of accessible, accurate and evidence-based information about COVID-19 and how people can protect themselves. However, all too often, authorities in Eastern Europe and Central Asia have used newly introduced emergency powers to harass journalists and others who have tried to share information.

“The governments of Azerbaijan and Russia have prosecuted social media users, journalists and medical professionals for exposing flaws in their COVID-19 responses. Other countries, like Uzbekistan, have imposed ruinous fines for dissemination of ‘fake news,’” said Heather McGill.

“This sends a chilling message to journalists throughout the region and shows that many governments care more about attacking critics than protecting people’s health.”

The governments of Azerbaijan and Russia have prosecuted social media users, journalists and medical professionals for exposing flaws in their COVID-19 responses.

Heather McGill, Amnesty International's Central Asia Researcher

In Azerbaijan, the authorities have used the COVID-19 pandemic as an excuse to crack down on the opposition. On 19 March, President Ilham Aliyev announced “new rules” for the duration of the COVID-19 pandemic, including “isolating” and “clearing” his country’s opposition. Subsequently, opposition activist Tofig Yagublu was arrested on bogus charges of hooliganism, followed by human rights defender Elchin Mammad who is accused of theft.

In Russia, the chairperson of the independent “Doctors’ Alliance” union, Anastasiya Vasilieva, was called for questioning for allegedly spreading “fake news.” Her organization called on Russian medical professionals to expose the authorities’ incompetence. As a result, many Alliance members were subjected to harassment and threats, and Vasilieva herself was detained by police for “quarantine breach” while providing a local hospital with equipment.

Russian media has not escaped the pressure. The authorities forced the well-respected Novaya Gazeta newspaper to delete an article criticizing the Chechen authorities’ lock-down policies after the Republic’s head, Ramzan Kadyrov, publicly threatened its author Elena Milashina.

“The people of Eastern Europe and Central Asia deserve better during these tough and challenging times,” said Heather McGill.

“Their governments must allocate all available resources to fulfill the right to health and put human rights at the centre of their response to the virus.”

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Behind barbed wire: Human rights toll of “borderization” in Georgia reveals the devastating impact of efforts by Russian forces and the de facto authorities to set up an “international border” along the disputed boundary by installing barbed wire, fences, ditches and other physical barriers that have divided communities and cut villagers off from farmland, water sources, places of worship and even family burial sites.

“Lives are being strangled by these arbitrary measures. Hundreds of people face arbitrary detention every year trying to cross the line for no other reason than to see relatives, tend to their crops or access healthcare. Whole communities are being cut off from vital sources of income and other important aspects of their lives — punished solely because of where they happen to live,” said Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia.

Whole communities are being cut off from vital sources of income and other important aspects of their lives — punished solely because of where they happen to live

Marie Struthers, Amnesty International's Eastern Europe and Central Asia Director

“Russia exercises effective control over Abkhazia and South Ossetia/Tskhinvali Region, and as such must respect its obligations under international humanitarian law and uphold human rights in these territories.”

Separating communities, devastating livelihoods

Russian forces have been stationed in both Abkhazia and South Ossetia/Tskhinvali Region without the consent of Georgia since the August 2008 conflict.

In 2011, Russian forces started the so-called “borderization” process to turn the Administrative Boundary Line (ABL) — what was often just dotted lines on a map — into a physical barrier separating Abkhazia and South Ossetia/Tskhnivali Region on the one hand, and Georgian-controlled territory on the other.

Davit Vanishvili, an 85 year-old man from the village of Khurvaleti which was divided during the “borderization” process, told Amnesty International how members of Russian forces gave him a stark choice in 2013 — to stay in his home on the South Ossetian/Tskhinvali Region side of the line or to move and live the rest of his life displaced on the Tbilisi-controlled side.

He chose to stay but is now separated from the rest of his family and friends. He and his relatives risk detention every time they try to cross through the fence under cover of darkness to get his pension, medicine and other goods on the Georgian side. 

“Russian border guards came to my house and told me it is no longer Georgia. The same day they started installing fences around my yard. I can no longer access the rest of the village, or the rest of the country,” he told Amnesty International. The “borderization” of the ABL has affected communities of all ethnic backgrounds on both sides of the divide.

Russian border guards came to my house and told me it is no longer Georgia. The same day they started installing fences around my yard. I can no longer access the rest of the village, or the rest of the country

Davit Vanishvili, resident of the village of Khurvaleti

According to the Georgian authorities, as of late 2018, at least 34 villages have been divided by fences installed by the Russian forces. An estimated 800 to 1,000 families in total have lost access to their agricultural lands.

Amiran Gugutishvili, a 71-year-old-farmer in the village of Gugutiankari near the South Ossetian/Tskhinvali Region ABL, has had to depend on social benefits since 2017 when he lost access to his apple orchard.

“Every year I used to harvest more than a hundred boxes of apples from my orchard and sell them. The profit was enough for my family to survive. Since 2017 I cannot access my garden. Russian border guards installed a state border sign there. I still pass by sometimes to take a look at my apple trees through the fence,” he told Amnesty International.

Closure of crossing points hits trade

The “borderization” has resulted in the closure of several official crossing points between South Ossetia/Tskhinvali Region and Abkhazia.

“The ‘borderization’ has had a pernicious impact on what was once active cross-boundary trade. It has seriously eroded the social and economic situation in communities straddling the divide, as local producers have lost access to the nearest markets,” said Marie Struthers.

The ‘borderization’ has had a pernicious impact on what was once active cross-boundary trade. It has seriously eroded the social and economic situation in communities straddling the divide, as local producers have lost access to the nearest markets

Marie Struthers, Amnesty International's Eastern Europe and Central Asia

The village of Khurcha on the Abkhazian side of the river Enguri separating the breakaway region from the rest of the Georgian territory was once a local trade hub, thanks to its crossing point. But the crossing point was closed in March 2017, prompting some residents to move elsewhere in Tbilisi-controlled territory.

“Our village has become a dead end – like our lives,” said an 85-year-old resident from Khurcha.

Crossings that are not made at designated crossing points, and without proper documents which are often hard to secure, are considered illegal by the Russian and local de-facto authorities. This results in hundreds of people being arbitrarily detained every year, some of whom have allegedly been beaten and subjected to other ill-treatment in detention.

“The Russian authorities and the de-facto authorities of the breakaway territories must reopen previously closed crossing points and relax movement and related restrictions for locals who live next to the administrative line. When restrictions on freedom of movement are applied, they must be strictly necessary, dictated by genuine security and military considerations, and proportionate,” said Marie Struthers.

The Russian authorities and the de-facto authorities of the breakaway territories must reopen previously closed crossing points and relax movement and related restrictions for locals who live next to the administrative line

Marie Struthers, Amnesty International's Director for Eastern Europe and Central Asia

In addition, Amnesty International calls on Georgia to provide relevant support to the families whose economic, social and cultural rights have been negatively impacted because of the “borderization”, including those who have lost access to their livelihoods.

Background

The broad political issues underlying the hostilities between Georgia, Russia, and the two breakaway regions in 1990s and 2000s are important and ongoing but lay beyond the scope of our research.

The briefing is based on some 150 testimonies collected during field trips to Georgia in March and July 2018, and June 2019. Amnesty International wrote to the Russian government, the de-facto authorities in Abkhazia and South Ossetia/Tskhinvali Region, and the government of Georgia with a summary of our findings and human rights concerns, presenting them with an opportunity to respond and to have their input reflected in the report. Amnesty International only received a response from Georgia.

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“Eyewitnesses described watching in disbelief as police fired rubber bullets indiscriminately into the crowd. Reports of erratic firing are confirmed by video footage. Rubber bullets can cause serious injuries and should never be used indiscriminately to disperse crowds. Police have the duty to protect public order and respond to violence, but their response must be necessary and proportionate. The disturbing scenes in Tbilisi this morning show a total failure to distinguish between the few violent protestors and the peaceful majority.

The heavy-handed police approach has resulted in scores of injuries, including at least 31 journalists

Levan Asatiani, Senior Campaigner for South Caucasus

“The heavy-handed police approach has resulted in scores of injuries, including at least 31 journalists. Most of them were hurt by rubber bullets, despite being identifiable as journalists as they tried to report on the protests. We are calling for a prompt, thorough and independent investigation into these events. With further protests likely, it’s essential that police are instructed to exercise restraint and respect the right to peaceful freedom of expression.”

Background

Protests with anti-Russian slogans erupted in the Georgian capital Tbilisi after a Russian MP, Sergey Gavrilov, took the speaker’s seat in Georgia’s Parliament as part of a regional inter-parliamentary event.  The session was suspended but some protesters attempted to forcibly enter the parliament, demanding the resignations of senior government figures.

In 2008, Georgia and Russia were at war over the Georgian breakaway region of South Ossetia/Tskhinvali Region, where Russia retains a military presence after unilaterally recognizing it as an independent state. The conflict and its aftermath resulted in numerous human rights violations, including the forced displacement of thousands of people, primarily ethnic Georgians, and continue to adversely impact the rights of local communities. 

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