The Government of Georgia has received from the European Court of Human Rights (ECHR) complaints filed by three organizations and three individuals, who claim that the “Foreign Agents Registration Act” violates their rights. The ECHR is reviewing these complaints through its standard procedure, without any expedited process, stated Beka Dzhamashvili, First Deputy Minister of Justice, regarding the complaints submitted to the Strasbourg Court.

According to Dzhamashvili, it is explicitly stated that the State has standard deadlines to respond, specifically by the end of July.

“From the European Court of Human Rights, the Government of Georgia received complaints from three organizations and three individuals, who claim that the Foreign Agents Registration Act violates their rights as defined under the European Convention. It is important to note that these complaints were filed in July and August of last year, and the Court sent them to the State almost nine months later. This indicates that the ECHR is reviewing these complaints through standard procedures, without any acceleration. The State has standard deadlines, specifically to respond by the end of July. After that, the applicants will respond to the questions, and by the end of the year, the State will have the opportunity to provide a final response. This means that a decision on this case is not expected before next year,” Dzhamashvili said.

Dzhamashvili also emphasized that the Strasbourg decision will be precedential, affecting not only Georgia but also regulations in other European countries.

“It will have significant influence, and this does not provide any advantage or privilege to the applicants. The applicants noted that the case was given the status of ‘significant impact,’ and it may have been portrayed as if this gives them a special privilege. It should be clarified that the case is indeed precedent-setting, because this particular law is an analog of the law in the United States. Also, it is publicly known that similar laws exist or are being enacted in several European countries. Therefore, the decision of the European Court will truly be precedent-setting. It will concern not only Georgia’s reality but will also influence regulations in other European states. It will have significant impact, and this does not constitute any advantage or privilege for the applicants,” Dzhamashvili said.

The Ministry of Justice issued this statement.

For context, according to GYLA, the European Court of Human Rights has begun reviewing the complaint regarding the “Foreign Agents Registration Act” (FARA) and indicated that the case may be given the status of a case with significant impact.

“The European Court has accepted the case in relation to all articles, and its correspondence indicates that the Court may grant it the status of a case with significant impact. This means that the Strasbourg Court will review the case in priority mode, as it concerns a legally fundamental issue. The decision in this case will become precedent not only for Georgia but for all Council of Europe member states. The complaint argues that alongside vague norms, the law grants unbalanced powers to the implementing authorities (formerly the Anti-Corruption Bureau - now its successors: the Audit Office, the Prosecutor’s Office, and the courts), increasing the risk of arbitrary application. Furthermore, there is a strong chilling effect on those subject to enforcement,” GYLA stated.