Yesterday, on July 12, visit of the Georgian Dream leaders to the IDP settlement in Karaleti, city of Gori was followed by a clash. During the incident journalists were also injured.

According to the editor of Internet publication qartli.ge, Saba Tsitsikashvili, he was covering the meeting in Karaleti IDP settlement when Gigi and Gogita Gochashvilis of the city of Gori as well as one of the employees of Kurta Community Gamgeoba, Levan Maisuradze, physically assaulted him.

A group of citizens expressed clear aggression against activist that had arrived for election campaigning. Video footage released by Info 9 agency illustrates facts of physical and verbal abuse of activists and journalists. Certain individuals threw rocks at representatives of media and assembly participants, resulting in bodily injuries sustained by several individuals. The Public Defender has reported that following representatives of Info 9 agency have been injured: Tamta Iluridze, Eka Iluridze, Shorena Khabalashvili, Rezo Nadiradze and Lekso Aleksidze, as well as the following journalists of Channel 9: Nukri Beglarishvili and Nodar Skhirtladze, Trialeti TV representatives Nino Bolashvili and Mamuka Kevkhishvili and journalist of Shida Kartli Information Center Saba Tsitsikashvili. Regrettably, police did not appear on the scene. One person dressed in civilian clothes was trying to prevent a clash between the two sides.

Georgian Young Lawyers’ Association (GYLA) and the International Society for Fair Elections and Democracy (ISFED) will monitor the manifestation to be held by the coalition Georgian Dream on July 15, 2012 in Gori.

The monitoring will be carried out within the frames of a long-term pre-election monitoring, which entails monitoring of public meetings organized by political parties as well as realization of freedom of assembly and manifestation.

Monitors will observe all developments in Gori and throughout the regions related to organization of the July 15, 2012 assembly and mobilization and relocation of participants.

GYLA and ISFED remain hopeful that the assembly will be held in a peaceful environment and the authorities will observe legal guarantees for assembly and manifestation.

On July 10, 2012 a non-profit legal entity Georgia - Not For Sale was registered. According to its the Facebook page:

“The goal of the organization is to provide public with comprehensive information about Bidzina Ivanishvili’s political activities, help separate oligarchic money from healthy political processes to prevent misleading of the society and discourage vote-buying. To this end, Georgia - Not For Sale plans to launch a large-scale public outreach campaign online, as well as through television and other means of media. Having certain political goals, Georgia - Not For Sale has applied to the State Audit Agency with a letter inviting it to conduct financial monitoring of the organization.”

According to the Organic Law of Georgia on Political Unions of Citizens, party regulations also apply to an entity which has declared political goals and uses financial and other material resources to achieve these goals. According to the statements released by Georgia - Not For Sale, it has no election goals but may have certain political goals which are differentiated from electoral goals under the Georgian legislation. In order for an entity to be recognized as equal to a party it should have election goals. As of today, reports don’t confirm that the organization Georgia – Not For Sale has any election goals (participation in the elections and the desire to win).

This Affects You Too campaign would like to comment on the recent initiative about rules of conduct of political parties during the election period. We believe that developments related to electoral environment have taken an alarming turn recently, which endangers carrying out of electoral process in a peaceful and fair environment. Both political parties and the authorities are responsible for defusing of existing tensions and building public confidence towards the process.

We deem an agreement between the political parties necessary for a fair, competitive and peaceful electoral process. But it is important that principles of an agreement are not dictated by only a single political force but rather, represents a genuine accord between the parties.

We believe that principles proposed by the ruling party-party are insufficient for the electoral environment to improve meaningfully. It is necessary that both the authorities and the political parties to assume more responsibility and agree on other election environment-related issues.

As non-governmental organizations monitoring elections, we believe that it is important for all parties participating in the election processes to agree on the following principles:

On July 17, 2012, the Ministry of Interior Affairs released information about detention of the following three individuals: Merab Kachakhidze, Teimuraz Sheklashvili and Tariel Kardava. GYLA held a press-conference about this matter on July 18, 2012.

As reported by the Interior Ministry, Merab Kachakhidze, Executive Secretary of the Conservative Party, gave GEL 7000 in cash to the chairperson of the party’s Mtatsminda District branch and the money was later distributed among 6 pre-selected individuals per his instructions. The Interior Ministry alleges that these individuals acted according to a deliberate scheme and returned the money back to the Conservative Party in the form of membership fees. Further, deputy chairperson of the National Forum’s Gldani branch Teimuraz Sheklashvili, and activist of the party Tariel Kardava gave GEL 1750 in cash to one of the Forum’s activists who deposited it on the account of the National Forum in the form of a donation.

The Interior Ministry notes that charges will be brought against the detainees for making a malicious deal to evade the prohibition established by prima Article 164 of the Criminal Code of Georgia. We’d like to comment on a probe launched under the said norm.

The prima Article 164 of the Criminal Code qualifies vote-buying as a criminally liable action, as shown in the name and contents of the norm itself. The very same Article also refers to “making of an ostentatious, malicious or any other deal for evading prohibitions established by the law”, which is also cited by the Interior Ministry. However, we believe that the cited norm shall be interpreted narrowly, only with respect to vote-buying. It should not be interpreted as broadly as offered by the Interior Ministry. Otherwise, making of a malicious, ostentatious or any other deal for evading prohibitions prescribed by the law would be punishable by the Article against vote-buying, which, in view of the nature of the criminal law, would amount to a legal nonsense. In May 2012, during discussion of amendments to the prima Article 164 of the Code, such narrow reading and interpretation of the law was the subject of agreed upon by MPs from the ruling party as well as representatives of the executive authority.

The following three NGOs: the International Society for Fair Elections and Democracy (ISFED), Georgian Young Lawyers Association (GYLA) and Transparency International – Georgia held a presentation of a joint Elections Portal today, on July 19, 2012, at the Tbilisi Marriott Hotel.

The aim of the web-portal is to provide diverse and comprehensive information to interested parties about the 2012 parliamentary elections, as well as to register any violations reported by NGOs and citizens during the period leading up to the elections, on and after the Election Day, and to include them on a map of Georgia. The web-portal’s address is www.electionsportal.ge.

The Elections Portal will allow all citizens to report online information about alleged violations and incidents during the period of elections. Further, a toll-free SMS number – 2 500 will be launched, allowing all citizens to send information from any mobile phone network.

On July 22, 2012, journalists of a non-profit legal entity, Studio Monitor, found that their office had been robbed. As of now, two personal computers, two editing equipments, two cameras, one tripod and one flip camera have been reported missing. In addition to the equipment, working materials of journalists are also missing.

Studio Monitor is an independent union of journalists, greatly contributing to realization of freedom of expression in the country. Studio Monitor is one of the few studios that prepare journalistic investigations and is therefore particularly important for public. Studio Monitor was established on December 14, 2005. Since then it has been cooperating closely with Georgian Young Lawyers’ Association and has been a beneficiary of the service provided by Georgian Media Legal Defense Center (GMLDC).

With the assistance of GYLA, a 79-year old woman was released from fine and penalty imposed by the Interior Ministry’s Patrol Police

Lawyer of GYLA’s office in Tbilisi was providing legal aid to a 79-year old M.K. who was fined with GEL 700 by Main Division of the Patrol Police in Mereti, Ministry of Interior Affairs of Georgia, under paragraph 41 of Article 116 of the Code of Administrative Offences of Georgia (handing over a motor vehicle to a person under influence of alcohol, knowingly and repeatedly, throughout the year, when an individual operating the motor vehicle does not have a driving license). For her failure to pay the fine M.K was also imposed with a penalty in the amount of GEL 500.

With the involvement of GYLA, court found Ms. M.K. not guilty during the trial. Subsequently, it was proved that in the process of issuing the impugned individual administrative-legal acts, circumstances of the case were poorly examined. M.K. had alienated her motor vehicle based on a verbal agreement of purchase and sale in 1996 and afterwards, she had nothing to do with the said motor vehicle. Following the decision of court, resolutions on imposition of fine and penalty for failure to pay the fine were declared null and void.

On July 18, 2012, the United Water Supply Company of Georgia LLC published information about a promotional campaign on its website. According to the news release, the company is launching a campaign, Pay only 50%. The campaign envisages reducing all unpaid water bills from 2010 to present for all customers in the regions by half. The campaign is effective from the fact that the campaign was launched on July 18 and will continue up until October 1 draws our particular attention. According to Giorgi Kvashilava, director of the company, “the amount currently owed to the company approximately equals to GEL 5 million, whereas the campaign will allow the population to decrease amount of their bills. In frames of the campaign customers should apply to service centers throughout the regions for determining amount that they owe. Subsequent act will be delivered to their homes by the company’s water supply agent and their bill will automatically be reduced 50%”.

Since the state owns 100% of shares of the company and the campaign dates coincides with the pre-election period, raises certain questions and suspicions about whether it constitutes use of administrative resources or moreover, vote-buying.

Georgian Young Lawyers’ Association reacts to recent amendments to the October 10, 2011 order of the Minister of Foreign Affairs of Georgia N241 on Adoption of Regulations for Registration in or Removal from Consular Registry. Pursuant to the amendments, Georgian citizens residing abroad now have to submit a place of residence certificate in addition to other documents for consular registration.

We believe that the amendments may result in curtailing the constitutional right of Georgian citizens residing abroad to participate in elections. Moreover, legislation may trigger artificial grounds for loss of citizenship.

Any citizen of Georgia residing abroad is authorized for consular registration – registration of citizens of Georgia residing abroad temporarily or permanently. According to the Georgian legislation, failure to present documents certifying legal residence in the host country may not serve as grounds to refuse consular registration. Nevertheless, in contradiction to the said stipulation, amendments adopted on July 11 requires for citizens of Georgia residing abroad to submit certificate of place of residence in addition to other documents for their consular registration.