Berset: Georgia's Democratic Backsliding Is Alarming and Undermines Council of Europe Membership Obligations

Council of Europe Secretary General Alain Berset says the alarming backsliding of democracy undermines Georgia's obligations as a member of the Council of Europe. Berset was asked about the situation in Georgia and the government's intention to ban opposition parties at a session of the Council of Europe's Congress of Local and Regional Authorities.

Berset said: "Georgia's democratic backsliding — as we call it — is indeed alarming. We are faced with restrictive legislation, the narrowing of civil space and pressure on the opposition, and all these elements undermine political pluralism, as well as the country's obligations as a member of the Council of Europe".

Regarding the case on the ban of five opposition parties, Berset said he expressed concern, but without prejudging the court's ruling. In his words: "Because we must never forget that we are based on the principle of the rule of law. This means that member states must respect the European Convention on Human Rights, as well as the case law of the courts, including the European Court of Human Rights. In my view, this means that many elements related to these issues will ultimately end up in our courts, or may be considered. Therefore, I am also fulfilling my duty in such a way as not to undermine the court's position. But while saying this, without prejudging the outcome, I called on the ruling majority to defend pluralism".

Berset reminded Georgian Dream that dissolving a party requires convincing justification and strict adherence to the principles of necessity and proportionality. He said he has always sought to engage in dialogue and had close contact with the Georgian government.

Berset said: "Most recently, I discussed Georgia's democratic backsliding with Prime Minister Kobakhidze in September, in New York, and emphasized the importance of respecting the country's obligations. As we all know, the Council of Europe remains engaged — through your Congress and the Parliamentary Assembly. I would also like to mention the Venice Commission, which recently issued guidelines on restrictive legislation and continues to support the enforcement of court decisions. I think dialogue should lead to tangible progress. At this time the situation is very difficult".

Berset said: "You know, membership of the Council of Europe does not simply mean membership of a club of countries. It means recognizing a high level of obligations based on the European Convention on Human Rights, and also means undertaking the obligation to enforce court decisions. This is a key element, but it takes time".

Before the Constitutional Court began considering the lawsuit to ban opposition parties, Alain Berset issued a statement calling on Georgian Dream to uphold political pluralism and preserve space for political opposition.