ECHR begins consideration of complaint against Georgian controversial transparency law

The European Court of Human Rights has commenced deliberations on a complaint filed by a coalition of non-governmental and media organizations regarding the controversial law on the transparency of foreign influence, also labelled as a “Russian law” by domestic actors, Nona Kurdovanidze, Chairwoman of the Georgian Young Lawyers’ Association announced on Thursday.

GYLA confirmed that the European Court has accepted the case for consideration, with respect to all relevant articles of the European Convention on Human Rights. The court has also posed several questions to the Georgian government concerning the law’s impact on fundamental rights.

The complaint, which was filed on October 17, 2024, was signed by 16 media organizations, 120 non-governmental organizations, and four individuals. It argues that the “Russian law” violates several rights enshrined in the European Convention, including the freedom of association (Article 11), freedom of expression (Article 10), the right to respect for private and family life (Article 8), prohibition of discrimination (Article 14), the right to an effective remedy (Article 13), and the scope of application of restrictions on rights (Article 18).

GYLA further highlighted that the European Court may grant the case “significant impact” status, a designation for cases involving critical issues in human rights protection.

The case was filed against the backdrop of growing concerns about the persecution of civil society in Georgia, particularly following the Georgian Dream party’s recent efforts to introduce a version of the US Foreign Agents Registration Act (FARA). While the US law does not inhibit independent NGOs and media, the Georgian Dream’s initiative has been widely criticized as an attempt to disguise the “Russian law,” which has been used to stifle civil society and media freedom in authoritarian regimes.

GYLA pointed out that the persecution of civil society organizations and media outlets in Georgia has intensified since the filing of the complaint.