Purpose of this work is to highlight and explain mandatory provisions related to the Elections Day for media/interested individuals.
The document consists of two parts. Paragraphs from 1 to 9 focus on legal regulations that apply to the Elections Day, whereas paragraphs from 10 to 11 offer definition of media’s status of an observer and powers delegated to it.
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 September 22, 2012 in Zugdidi.
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 Zugdidi and throughout the regions related to organization of the September 22, 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.
During the last few days NGOs have been voicing a number of requests, including resignation of the Interior Minister, the Minister of Justice and the Chief Prosecutor.
In response to the demand, the Interior Minister resigned as he felt morally responsible for the facts. However, feeling morally responsible is far from sufficient. In view of zero tolerance policy in Georgia, it is only logical to launch investigation and examine his culpability. As we have noted a multiple times, introduction of methods of inhumane treatment in the penitentiary system, gross and mass violations of human rights has been linked to his name. Therefore, resignation of Bacho Akhalaia is far from being a sufficient and proportional measure.
Georgian Young Lawyers’ Association (GYLA) is providing legal assistance to Davit Patsatsia, Dachi Tsaguria and Beka Aladoshvili, arrested on September 21-22, 2012. Their cases were examined by Tbilisi City Court (judges Miranda Eremadze and Dmitry Gvritishvili), sentencing Patsatsia to 40 days, Tsaguria and Aldoshvili to 10 days of administrative imprisonment on charges of malicious disobedience to lawful orders of the police.
During the court proceedings, there were a number of flagrant violations of the law by the judges, which deprived the defense from the possibility of proving that the detainees had not committed the offence. Below is a brief overview of some of the violations:
The most important requirements of NGOs about political and criminal liability of persons linked to the systemic facts of torture and inhumane treatment, as well as about comprehensive and objective investigation remain unanswered.
NGOs held a press-conference about the issue today, on September 24, 2012, and released a statement.
NGOs still demand that the Minister of Justice of Georgia and the Chief Prosecutor claim political responsibility of systemic practice of torture and inhumane treatment, as facts of torture and ill-treatment were encouraged and have grown into a systemic problem amid pro forma and ineffective investigations during their tenure. Otherwise, it is impossible to have a reasonable expectation of effectual and comprehensive investigation and prosecution.
Further, we reiterate our demand about examining culpability of senior officials in frames of the investigation. As current systemic problems have originated many years ago, the investigation should address criminal liability of former chiefs of the penitentiary system.
Georgian Young Lawyers’ Association held presentation of the second interim report of the pre-election monitoring on September 24, 2012. The report covers the period from April through July, 2012. During the four-month period, GYLA was monitoring pre-election processes in Tbilisi and the following seven regions of Georgia: Kakheti, Shida Kartli, Kvemo Kartli, Mtskheta-Mtianeti, Imereti, Adjara and Ozurgeti by means of GYLA’s monitors.
GYLA’s monitors obtained information from various sources, including public agencies by means of requesting access to public information and monitoring media reports. Frequently citizens and representatives of political parties reported to GYLA about violations and persecution on political grounds. After receiving information, monitors of GYLA verified individual facts with applicants and provided legal assistance, when needed.
The research has revealed several key problems:
• Sharply unequal election environment. Activities of the state authorities have been too objective from pre-election point of view. There were cases of selective application of law, its unequal and subjective enforcement against opposition parties in particular, which further harmed the pre-election environment in the country;
In response to the recent frequent administrative arrests in Georgia, GYLA would like to state that identity and status of certain individuals, their political or civil activities and circumstances of their arrest as well as proceedings where court ordered administrative imprisonment against them raises doubts about motivation of measures applied.
GYLA is particularly concerned with the fact that during recent days there has been a frequent cases of application of administrative detention. According to various reports, from September 21 to September 24, there were total of 23 administrative arrests on charges of disobedience to the police in several cities of Georgia . Some of the detainees are representatives of or associated with the opposition coalition Georgian Dream, including Davit Patsatsia arrested on September 21, and Kakhaber Zhorzholiani arrested on September 23. The detainees’ relation with the coalition Georgian Dream was confirmed by one of the representatives of the coalition, who informed GYLA that the detainees are coordinators and members of the coalition’s mobile group. The detainees also include persons actively involved in recent protest assemblies – Dachi Tsaguria and Beka Aladashvili, arrested on September 22, whose interests were defended by GYLA’s representative in court.
On September 16, 2012, convict Oleg Ramishvili applied to the chairperson of Georgian Young Lawyers’ Association in written about a number of illegal activities perpetrated in a penitentiary facility. Specifically, the applicant talks about the death of Convict Sergo Tetradze in prison N8 in September 2011. He calls in question official version of Sergo Tetradze’s death, that he died of heart attack, and specifies actual cause of his death.
Facts cited by Oleg Ramishvili in his application involve offences and may serve as grounds for launching a probe. Therefore, today, on September 27, GYLA referred the statement to the office of the chief prosecutor, requesting a probe.
Georgian Young Lawyers’ Association (GYLA) and the International Society for Fair Elections and Democracy (ISFED) will monitor the manifestations to be held by the coalition Georgian Dream on September 29, 2012 in Tbilisi and in Kutaisi.
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.
Georgian Young Lawyers’ Association, the International Society for Fair Elections and Democracy, and the Transparency International – Georgia released a final evaluation of pre-election environment during the press conference held on September 29, 2012.
The October 1, 2012 parliamentary elections is an event of paramount importance for Georgia, as in addition to the country’s transition to the system of a mixed government, weight of the legislative authority will be significantly changed. Election processes are greatly affected by the pre-election period as in order for the whole process to be deemed as fair, it is important that the pre-election environment provides for a fair and level playing field. The pre-election period was characterized with tough competition, strained atmosphere and multiple violations. Regrettably, there was a lack of pre-election campaigning focused on discussion of election programs and thematic debate. To the contrary, the pre-election campaign involved plentiful use of compromising information, multiple violations of law, active use of hate speech, violent and aggressive clashes.
During active election processes the following key trends and violations have been revealed:
