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).
2012-10-05 13:47 See moreGeorgian 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.
2012-10-05 09:20 See moreGeorgian Young Lawyers’ Association (GYLA), International Society for Fair Elections and Democracy (ISFED) and Transparency International – Georgia have released a statement on developments during tabulation of election results. Currently, appeals are still ongoing at district election commissions (DECs). According to observers as well as media reports, political party activists are assembling outside DECs, frequently acting in an aggressive manner. In particular, rallies demanding annulment of precincts and re-counting of votes are ongoing outside DECs in Martvili, Senaki, Terjola, Ambrolauri, Sighnaghi, Dedoplistskaro, Lagodekhi, Akhalkalaki, Akhaltsikhe, Marneuli and Tetristskaro. Further, there are reports about planned picketing of various DECs. ISFED’s observer in Zugdidi Election District was pressured due to the fact that ISFED’s red logo was associated by a party activist with a concrete political force.
2012-10-04 11:32 See moreGYLA continues to monitor the course of the polling day in Tbilisi and 35 election districts throughout the regions. As of 09:00am, special units are mobilized nearby precinct N69 in Saburtalo N3 District and precinct N31 in Krtsanisi N4 District. There were individuals mobilized outside the precinct, who were registering voters. We would like to clarify once more that it amounts to indirect control on free expression of voters’ will. Further, in the last few hours GYLA’s observers identified the following violations: • Active concentration of police outside precincts N16, 29 and 31 in Krtsanisi N4 Election District. Police officers are asking people who have arrived at the precinct to identify themselves and explain why they’ve come; • Mobilization of police and public servants outside precinct N49 in Dusheti District. This is one of the largest precincts in Dusheti District’ • Confrontation between activists of political forces outside precinct N8 of Saburtalo N3 District;
2012-10-02 07:22 See moreGeorgian Young Lawyers Association (GYLA) continues observing the course of the polling day, at 35 election districts of Tbilisi and regions. As of 5 PM, certain persons are still mobilized at the nearby areas of the polling stations, who are registering the flow of voters. We interpret the fact as indirect influence on the free will of the voters and regard it as inexpedient. It is important that many troubled citizens who are getting in touch with us through a hot line, find this fact limitation for free manifestation of their will. We appeal to the political parties to stop limitation and restriction of voters’ manifestation of their free will. During the last several hours, following violations have been revealed by GYLA observers: 1. 5 cases of the fact, when the signature was already present in the list across the voter’s name, by the time he/she entered the polling station. (#23 and #58 precincts in Batumi, and #21 Saburtalo precinct in Tbilisi)
2012-10-01 15:52 See moreGeorgian Young Lawyers Association (GYLA) continues observing the course of the polling day, at 35 election districts of Tbilisi and regions. As of 5 PM, certain persons are still mobilized at the nearby areas of the polling stations, who are registering the flow of voters. We interpret the fact as indirect influence on the free will of the voters and regard it as inexpedient. It is important that many troubled citizens who are getting in touch with us through a hot line, find this fact limitation for free manifestation of their will. We appeal to the political parties to stop limitation and restriction of voters’ manifestation of their free will. During the last several hours, following violations have been revealed by GYLA observers: 1. 5 cases of the fact, when the signature was already present in the list across the voter’s name, by the time he/she entered the polling station. (#23 and #58 precincts in Batumi, and #21 Saburtalo precinct in Tbilisi) 2. The marking procedure is still a problem at some precincts. Because the marking liquid is of poor quality, the stain of the liquid is not present. In spite of our complaint, the polling process continues with the application of poor quality liquid, or without any marking liquid at all. 3. Frequent cases, when video shooting is illegally restricted are manifested on the majority of precincts. Sagarejo district is of special importance. Members of commission ask the video operators to shoot only the ballot box and not entire polling area, which is the legislative restriction. 4. When a GYLA observer decided to write a complaint, he/she was illegally banished from #50 Marneuli precinct. Later, with the participation of CEC, the observer was allowed back to the precinct.
2012-10-01 15:50 See moreMonitors of GYLA have observed problems related to inking at several election precincts. The liquid is unstable as GYLA’s monitors confirm that in certain cases marks are not visible when exposed to ultraviolet light. There were the following types of problems revealed with respect to inking • Marks are not visible despite exposure to ultraviolet light several times (precinct N91 in Saburtalo, precinct N24 in Krtsanisi); • The liquid is of poor quality and leaves mark only after the bottle is shaken powerfully (precinct N55 in Nadzaladevi, precinct N8 in Batumi); • Marks are not visible when ink is applied on top of nail varnish (precinct N8 in Kobuleti, precinct N41 in Nadzaladevi).
2012-10-01 12:29 See moreAt 10:00 A.M Media Center hosted briefing by Georgian Young Lawyer’s Association, regarding the results for the polling day by 10 A.M GYLA observes the course of election in Tbilisi and 35 election districts of 9 regions. By 10:00 a.m., the situation during the polling process is mostly calm. However, several procedural violations have been demonstrated at several precincts: 1. By the time of the opening, at Sachkere #73 and Didube #1 precincts the sealing wax of bulletin package has been damaged. 2. GYLA observers had difficulty in entering #116 precinct for exceptional cases and #77 Gldani precinct, however by this time, the problem has been settled down. 3. At the #91 precinct for exceptional cases of Saburtalo district, after casting lots, the commission members distributed functions among themselves on their own. 4. At Saburtalo #28 precinct the voter took part in the polling process that was indicated in the list as “registered at the consulate”, which is a violation of the polling process.
2012-10-01 08:58 See moreOn September 30, the International Society for Fair Elections and Democracy (ISFED) and Georgian Young Lawyers’ Association (GYLA) published preliminary results of monitoring staffing of the election administration. Monitoring the Staffing of the Election Administration is a joint project of the NGOs, carried out throughout 73 election districts of Georgia for the purpose of studying staffs of the precinct election commissions (PECs). The project aims at studying recruitment of members of the election administration and providing the election administration with recommendations for the purpose of improving the practice of staffing election commissions and building trust in the commissions. In frames of the project we conducted a statistical research of PECs throughout Georgia in 396 election precincts identified based on random and representative statistical selection. According to the NGOs, first meetings of PECs were held in a timely manner; chairpersons, deputy chairpersons and secretaries of PECs were also elected in a timely manner. Most of the PECs fulfilled the obligation of publishing voter lists (96,7%) and procedures for filing complaints over voter lists (79,7%).
2012-10-01 08:53 See moreBelow are the recommendations of GYLA for covering the polling day. The document has been prepared based on the Election Code of Georgia and the Resolution N42-2012 of the Central Election Commission of Georgia, dated September 24, 2012.
2012-10-01 05:16 See more