CoE Commissioner Urges Georgia to Curb Police Abuse, Revise Legislative Changes

Michael O’Flaherty, the Council of Europe’s Commissioner for Human Rights, has urged the Georgian authorities to investigate police abuse effectively, reduce the Special Investigation Service’s dependency on the Prosecutor’s Office, and revise recent legislative changes. In two communications to the Committee of Ministers, he addressed two cases: Tsintsabadze v. Georgia and Makarashvili and Others v. Georgia, and concluded that Georgia faces the persistent problem of the arbitrary use of administrative detention, and Georgian Courts lack substantial review of administrative detention cases.

In his communication, O’Flaherty underlined the need to ensure that law enforcement actions, particularly in the context of public assemblies, comply with the “principles of legality, necessity, and proportionality.” Drawing on findings from his visit to Georgia in January 2025, he noted that recent events, such as violent crackdowns on pro-EU rallies, demonstrate the need for authorities to implement several measures.

The Commissioner also emphasized the need for: mandatory visible and individual identification of all police officers to enhance accountability; effective and independent investigations into police abuse, including cases of ill-treatment, unlawful arrest, and other abuses.

The Commissioner also recommended strengthening the Special Investigation Service (SIS) by reducing its dependency on the Prosecutor’s Office, empowering it to suspend abusive officers, and enhancing victim participation in investigations. He called for a review of criminal law provisions to ensure better protection against ill-treatment and comprehensive reparation for survivors.

O’Flaherty’s recommendation comes amid the moment when the GD Parliament has passed in its first reading the bill that would fully dissolve the SIS and transfer its ongoing investigations and future responsibilities to the Prosecutor’s office. 

In the Makarashvili and Others v. Georgia case, the Commissioner pointed to the “persisting problem in Georgia,” regarding the arbitrary use of administrative detention, as well as the lack of substantial review of administrative detention cases by the Georgian courts.

He called on the GD government to:

• Reform the Code of Administrative Offences (CAO) through “meaningful consultations” with civil society, the Public Defender’s Office, and international bodies (OSCE/ODIHR, the Venice Commission).
• Revise legislative amendments passed since November 2024 that disproportionately restrict the right to peaceful assembly through expanding administrative offences and custodial sanctions for assembly-related conduct, “particularly those permitting up to 60 days of administrative detention.”
• Guarantee timely and independent judicial review, access to legal counsel from the outset, the right to present evidence and witnesses, and timely, independent judicial review, “in accordance with Article 6 of the European Convention on Human Rights.”

Also Read:

• 23/05/2025 – Public Defender’s Office Opposes Move to Dismantle Special Investigation Service
• 04/12/2024 – CoE Human Rights Chief Condemns Police Violence, Urges Investigations
• 10/09/2024 – CoE Human Rights Commissioner Urges Georgia to Reject Anti-LGBT Law, Refrain from Stigmatizing Rhetoric

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