Georgian Young Lawyers’ Association (GYLA) expresses a concern over post-election developments in several election precincts in Khashuri Election District N35 and calls on the authorities to take further actions in an adequate and effective manner, which is particularly important in light of the fact that the disputed election precincts have a substantial importance on results from Khashuri Election District.

The election process, including tabulation of results in about 10 election precincts of Khashuri N35 Election District were conducted in serious violations of law. Specifically, evidence including statements of the PEC members suggest that the PEC summary protocols were drawn up in a way that did not reflect the will of voters expressed in these precincts or that the original data in summary protocols drawn up by the PECs was later changed. Further, Special Forces Units invaded several precincts of Khashuri and forced commission members to record election results in summary protocols the way they instructed them to.

European Court: the President of the Tbilisi Court of Appeal was negligent in reviewing both the factual and the legal basis for the applicants’ detention.

On 2 October 2012, the European Court of Human Rights delivered a judgment in the case of Kakabadze, Chkhartishvili, Jishkariani, Rtveliashvili and Dalakishvili v Georgia (No. 1484/07) . The Court found breaches of Article 5 (illegal deprivation of liberty), Article 6 (right to a fair trial), Article 11 (freedom of assembly and association) and Protocol No. 7, Article 2 (right of appeal in criminal matters) of the European Convention on Human Rights and Fundamental Freedoms, as the applicants were unlawfully arrested, in violation of freedom of expression, whereas the Tbilisi Court of Appeal sentenced all five applicants to 30 days of administrative detention without reviewing both the factual and the basis for their detention, which in ECHR’s opinion was an excessive punishment.

The applicants were represented by GYLA and the European Human Rights Advocacy Centre (EHRAC).

The Court found that the applicants’ initial arrest and subsequent detention for thirty days was “made in an arbitrary manner, without the requisite exercise of good faith on behalf of the domestic authorities”. the Court concluded that the applicants’ arrest was not based on sufficiently clear and foreseeable domestic provisions and they could not have foreseen that their street picket in front of the Tbilisi Court of Appeal could entail their arrest and dtention as applicable provisions gives bailiffs power of arrest for acts committed inside court-house (violation of Article 5 of the Convention).

The International Society for Fair Elections and Democracy, Georgian Young Lawyers’ Association and the Transparency International – Georgia condemn physical violence on political grounds that occurred inside the building of Marneuli Gamgeoba.

As observers of the NGOs have reported, today activists of the coalition Georgian Dream invaded offices of Marneuli Gamgeoba, verbally abusing personnel. Regrettably, Deputy Gamgebeli and his driver were subjected to violence. The latter has been taken to the hospital. According to Gamgebeli of Marneuli, he was also subjected to physical violence.

Once more, the NGOs call on political party leaders to put an end to acts of violence perpetrated by activists of the coalition and its supporters on political grounds, endangering a peaceful and fair post-election period.

Recently media has been reporting about election subjects replacing their representatives following the Election Day. In particular, under the eleven resolutions of the CEC Secretary Gizo Mchedlidze, dated October 3, 2012, representatives of the election subject United National Movement – More Benefit to People have been replaced in individual district election commissions. Para.6 of Article 42 of the Election Code clearly stipulates that “An election subject shall have the right to withdraw and/or replace its representative at any time on which it shall inform the appropriate election commission”, meaning that election subjects are prohibited from withdrawing or replacing their representatives following the Election Day. In view of the applicable legislation, GYLA and ISFED believe that replacement of representatives following the Election Day as an illegal decision.

Yesterday, on October 6, the CEC released a statement about replacement of election subjects’ representatives. In particular, the CEC has interpreted para.6 of Article 42 of the Election Code as follows: “an election subject is prohibited from withdrawing or replacing a representative only on the Election Day. The prohibition does not apply to the period after the polling is finished.” The statement also reads: “it is regrettable that Georgian Young Lawyers’ Association and the International Society for Fair Elections and Democracy have made a one-sided and unqualified comment about the issue. The prohibition, as interpreted by them, makes it impossible for election subjects to replace or appoint representatives during the period before future elections.”

GYLA’s Georgian Media Legal Defense Center (GMLDC) responds to reports about closing of the shows Vakho Sanaia’s Report and the European Choice, both hosted by Vakho Sanaia, and sacking of journalists. Journalists believe that the reason for cancelling these shows stems from changes in the Public Broadcaster’s content – switching from public content to public and political, as well as the fact that the show host joined students’ rally outside the Public Broadcaster’s offices. Further, there are reports of cancelling Eka Khoperia’s TV show Audience

Article 16 of the Law of Georgia on Broadcasting stipulates that Public Broadcaster must ensure editorial independence, the fairness and impartiality of programs and guarantee that the latter are free from state, political, religious or commercial influence; ensure impartiality of news, public and political, educational and analytical, cultural and sports programs according to public interest; ensure informing audience in a timely and comprehensive manner about important events taking place in Georgia, throughout its regions and worldwide.

The Coalition for an Independent and Transparent Judiciary has released a statement in response to the crucial developments in Georgia.

According to various media reports yesterday, The Fund for Rehabilitation and Development of the Old City transferred total of GEL 5129 to the account of Club Diva LTD in May 2010.

In this light, we’d like to highlight several circumstances:

In May 2012 GYLA published a report Rehabilitation Process Beyond the Facade, which also focused on participation of the Fund for Rehabilitation and Development of Old City in the process of rehabilitation of the historic part of Tbilisi.

To the Parliament of Georgia,

Us, civil organizations and unions, apply to you with a proposal to nominate and elect Tamar Gurchiani for the Public Defender’s post.

Tamar Gurchiani is a highly qualified lawyer and has an experience in working in the area of human rights. In particular, for many years she participated in local, regional and international projects for media freedom, government transparency, good governance and fair elections.

In addition to her professional experience, it is our firm belief that Ms. Gurchiani possesses personal qualities necessary for a public defender: she is fair, a woman of principle, politically unbiased, with civic courage and responsibility. She has a distinguished ability of taking into account opinion of her co-workers, colleagues, and reaching an agreement.

It is our firm conviction that Tamar Gurchiani will make a productive public defender, as she is well acquainted with social, cultural, economic, civil and political problems, and is sensitive towards all groups of the society.

On September 28, 2012, convict Giorgi Chikhladze applied to the chairperson Georgian Young Lawyers’ Association with an application, describing human rights violations that he was subjected to during his arrest on June 30, 2011. The convict explains that Data Akhalaia was also involved in these illegal actions together with other individuals.

Facts reported in the application constitute criminal offences, which may serve as grounds for launching a probe. Therefore, today, on October 11, GYLA referred the application to the office of the prosecutor, requesting a probe into the alleged facts cited in the application.

The Coalition for Media Advocacy has total of 12 member NGOs whose goal is to improve media environment and promote protection of freedom of expression standards. Member organizations have been working together for more than a year to achieve the goals we have set. We elaborated and presented to the authorities a number of proposals for concrete reforms. It must be highlighted that some of our initiatives were shared by the government. However, significant issues remain that need to be addressed and thoroughly revised; subsequent legislative amendments or practical measures need to be implemented. Otherwise, it would be impossible to improve the media environment. Member organizations have elaborated concrete proposals and project for each individual issue raised below and we remain hopeful that new parliament and government of Georgia will closely cooperate with us for improving the media environment.

1. Forming and developing public broadcaster as an independent broadcaster

For the purpose of examining the work of the public broadcaster, the State Audit Office must carry out an ad hoc audit based on the parliament’s request and present audit results to the parliament and public. The following recent developments have clearly illustrated the necessity of ad hoc audit: a) writing off the public broadcaster’s tax debts that have accumulated over the time and b) conflict with Alania, the company managing PIK TV Company.