Unleashing the Vienna Mechanism: A Deep Dive into Georgia’s Human Dimension Crisis

Invocation of the Vienna (Human Dimension) Mechanism Regarding the Situation in Georgia

Dear Ambassador Maisuradze,

This correspondence is being sent to you on behalf of the following delegations: Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Montenegro, The Netherlands, North Macedonia, Norway, Poland, Portugal, Moldova, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, the United States of America, and Ukraine.

In the 1991 Moscow Document, OSCE participating States acknowledged that commitments made in the area of the human dimension are issues of direct and legitimate concern to all participating States and do not solely pertain to the internal matters of the respective State. This affirmation was reinforced, among other contexts, at the Seventh OSCE Summit of Heads of State, convened in Astana in December 2010.

In line with this commitment, we would like to convey our serious concerns regarding the events that have transpired in Georgia since the announcement on November 28 about the decision to delay the discussion on opening accession negotiations with the EU until 2028. Following that announcement, we have observed a significant surge of peaceful protests in Georgia. As of December 10, 2024, the Ministry of Internal Affairs of Georgia reported that 357 individuals participating in the protests had been detained. Among those apprehended, 327 had been seen by the Public Defender of Georgia, with 225 alleging mistreatment by the police and 157 reporting injuries. Additionally, the Georgian Charter of Journalistic Ethics has recorded over 70 instances of interference and violence against journalists and media personnel. These reported incidents of harassment, whether physical or psychological in nature, could constitute violations and abuses of human rights. The Public Defender of Georgia has condemned the disproportionate use of force against demonstrators and suspects that unlawful violence is employed as a punitive measure that may equate to acts of torture. Furthermore, various NGOs have reported suspected human rights violations linked to the ongoing protests, which include actions against opposition politicians, civil society representatives, and journalists. Thus far, despite the documented instances of brutality, there have been no repercussions for the law enforcement officials responsible for these violations.

We express serious concern regarding the reported violations of human rights perpetrated by representatives of law enforcement and the employment of violence by unidentified groups against peaceful protesters, journalists, and bystanders, which has been overlooked by law enforcement authorities. Regrettably, this isn’t the first instance in which we have witnessed such failures in accountability. The recurrent inability to ensure accountability for perpetrators and to address instances of undue violence, especially those involving law enforcement officials, raises significant alarm. In recent years, Georgian authorities have not undertaken adequate measures to secure access to justice for victims or to thoroughly investigate and address such incidents. This ongoing trend underscores the urgent need for stronger mechanisms to preclude impunity and uphold justice.

We share the concerns expressed by ODIHR in its statement dated November 30, 2024, and by the OSCE Troika on December 13, 2024, including the encouragement to utilize the diverse tools and expertise available through the OSCE and its institutions.

Consequently, given Georgia’s inadequate response to international appeals to honor the right to peaceful assembly, association, and freedom of expression for its populace, and to release those demonstrators who have been arbitrarily detained, our nations are now invoking the Vienna (Human Dimension) Mechanism, along with Georgia’s commitments and responsibilities under that Mechanism.

Our concerns encompass, but are not confined to, the following:

• Freedom of Peaceful Assembly: The Georgian authorities have resorted to unwarranted violence and excessive force against Georgian citizens, protesters, media members, and opposition figures exercising their right to peaceful assembly.

• Arbitrary or Unjust Arrests and Detentions: There are ongoing reliable reports of arbitrary detentions and severe fines imposed for minor offenses related to participation in peaceful protests.

• Targeting of Political Opposition: Allegations suggest searches of political offices and private residences of opposition figures and civil society representatives, with subsequent violent arrests of several opposition leaders indicating politically motivated targeting of opposition members and civil society representatives. Such actions impede the political and societal diversity in Georgia.

• Targeting of Journalists and Media Actors: Numerous reports and videos have documented violence against journalists and media personnel. Several domestic journalists and media representatives have been detained while covering the protests.

• Mistreatment that may Constitute Torture: Reports indicate that 80% of the individuals detained since November 28 have endured physical or psychological abuse, harassment, or degrading treatment.

For these reasons, and in reference to pertinent obligations under international law and OSCE commitments, we seek concrete and substantial replies to the following inquiries:

1. What actions have been undertaken by the Georgian authorities to investigate allegations that the right to peaceful assembly is being infringed, that individuals are facing arbitrary detentions or arrests, including those not participating in protests, and that police have operated without proper identification as mandated by Georgian law? Please provide details of the actions taken.

2. What measures have been put in place to investigate all allegations of torture and cruel, inhuman, or degrading treatment or punishment? Please provide details regarding the actions taken, including steps to maintain the independence and integrity of investigations.

3. What measures have been employed to investigate allegations of violence against peaceful protesters, journalists, media personnel, and bystanders by unidentified groups, as well as allegations of inaction by law enforcement officials in response to these incidents? Please detail the actions taken, including steps to ensure the independence and integrity of investigations.

4. What steps have been taken to ensure that civil society, journalists, and media practitioners can freely document and report on the ongoing protests in Georgia without the risk of reprisal or threats to their personal safety? Please detail the actions taken, including steps to ensure the independence and integrity of investigations.

5. What engagement has occurred with OSCE institutions, particularly ODIHR, to respond to the concerns raised by those institutions and aid in fulfilling OSCE commitments?

6. What measures have been taken to prevent the recurrence of human rights violations by law enforcement officials and unidentified groups, as well as to ensure proper procedures for holding accountable and bringing to justice those responsible for violence?

7. What initiatives have been implemented to guarantee that freedom of expression, peaceful assembly, and association can be practiced without reprisal in Georgia, including by individuals from marginalized or otherwise vulnerable populations?

8. What measures have been taken to ensure that opposition parties and politicians can pursue their political activities without threats or violence? What safeguards are in place to protect political pluralism and democratic principles?

We anticipate receiving written information addressing these pressing concerns within ten days, in accordance with the Vienna (Human Dimension) Mechanism.