As of 2 P.M., the GYLA continues to monitor the polling day.
The voting process is mainly taking place in a calm environment. We have identified the following violations at this point: threats to and interference with observers/restriction of their rights, problems with accuracy of data on the badges of observers, other procedural violations.
The GYLA observers have identified various violations and lodged complaints.
Interference with the activity of observers/restriction of their rights
At precinct no. 44 of Gori, A.M., an observer of the observation organization Youth for European Future, who, according to news reports,[1] is a supporter of the United National Movement, criticized the GYLA’s observer for a complaint we had lodged (in connection with the casting fo lots), threatening her with the following words: “I am a former employee of the Constitutional Security Department, be careful with what you do.”
At precinct no. 13 of Telavi, the PEC members expelled the GYLA’s observer from the polling station. According to them, the observer “was being too active”; he was hindering the commission in the exercise of their powers and interfering in its activity.
At precinct no. 20 of Mtatsminda, the PEC members didn’t allow an observer of observation organization, Choice of the Future, to observe the process of registration of complaints and expelled him from the polling station. The GYLA’s observer lodged a complaint regarding the restriction of the observer’s rights.
Problems related to badges (certificates) of observers
We have observed two cases where the data on observers’ badges didn’t match the data in the CEC database:
At precinct no. 08.05.66 of Isani, representatives of observation organizations – the Association for the Protection of Georgians and Armenians, the Center for Social and Political Development, and the International Union for Human Rights Defense and Assistance “Ndoba” – checked the badges (certificates) of persons present at the polling station. According to the observers, an observer of observation organization, the Institute for the Analysis and Management of Conflicts, was allegedly using a counterfeit badge. In particular, it was found out that the barcode displayed on the badge of this observer belonged to the badge of another observer. After that, the observer left the polling station, with other observers chasing her. The chairperson of the PEC called the police.
At precinct no. 49 of Isani, representatives of the CEC checked the badges (certificates) issued to persons authorized to be present at the polling station. It turned out that the data (name and surname) on the badge of a representative of All Media, a media outlet, didn’t match the certificate with the same barcode issued by the CEC. The CEC representatives drew up a protocol regarding the representative of the media outlet, and, on this basis, he was expelled from the polling station. They also called the patrol police that intervened in the case. Officers of the regular police force also arrived at the precinct and interviewed the commission members.
Deficiencies related to filling out control sheets
At precincts no. 69.79.25 of Batumi and no. 48.59.33 of Kutaisi, the control sheets were filled out incorrectly. In particular, the signatures of the first voters arriving at the polling stations are missing on the control sheets.
Culpable non-performance or improper performance of official duties by commission members
At precinct no. 69 of Marneuli, the commission member responsible for regulating the voters’ flow allowed voters to enter the polling station without presenting an ID card.
At precinct no. 65.67.30 in Zugdidi, the registrar signed in the box for one of the voters in advance before the mobile ballot box was sent from the precinct.
At precinct no. 69.79.14 of Batumi, the number of voters on the special voters’ list was not entered in the demonstration protocol.
Presence of unauthorized persons within the outer perimeter of precincts
There are individuals in areas adjacent to precincts who register arriving voters (for example, at precincts no. 22, 23, 21, 19, and 18 of Krtsanisi, no. 37, 38, and 40 of Nadzaladevi, no. 66, 79, and 75 of Vake, as well as in a number of precincts in the regions). We should note that the aforementioned constitutes indirect influence on the expression of voters’ will, which is a problem. These cases indicate that there is still a need to regulate this issue at the legislative level, by including a definition of the area adjacent to a precinct in the Election Code.
Improper conduct of an observer
At precinct no. 10 of Vake, an observer of the observation organization, Georgian Barristers & Lawyers International Observatory, was writing out the voters’ data from the table list of voters, which is not in compliance with the requirements of law. As a result of a request of the GYLA’s observer, the violation was eradicated.
At this point, the GYLA’s observers have lodged 33 complaints and made 25 remarks in the logbook in connection with the electoral violations.
The GYLA has actively observed the elections of legislative, executive and local government bodies since its founding (in 1994), trying to contribute to the conduct of elections in a quiet and fair environment and to steadfast observance of the Georgian legislation during electoral processes.
On October 30, the GYLA is observing the polling day of the second round of the parliamentary elections in Tbilisi and nine regions with up to 400 observers.
The static observers have been deployed to 300 polling stations across Georgia. Mobile groups are moving around in 45 majoritarian districts.
On the election day, the GYLA will be operating a special hotline by which citizens will be able to get legal advice regarding the polling procedures. The GYLA will also be operating a hotline for journalists and media organizations. By calling the hotline, journalists and media organizations can get information that is interesting for them and legal consultation about electoral procedures, violations on the polling day, and the response provided, as well as provide us with information about violations they have observed on the polling day.
The hotline number is 223-63-48.
On the election day, the GYLA – through its observers and analysts deployed to all the regions of Georgia – will be entering information into the electoral-analytical database in real time and analyzing it.
To get comprehensive information about violations on the election day, you can also visit www.electionsportal.ge where you can write about violations you have observed by filling out an online form or sending free-of-charge text messages to this number: 90039.
During the day, the GYLA is going to hold two more press briefings regarding the observation of the election day at the media center for non-governmental organizations (address: 1 Freedom Square).
The next briefings will be held at 6 P.M., and 9 P.M., while on October 31, the GYLA will assess the election day and hold a briefing at 12 A.M.
The GYLA’s monitoring mission of the polling day of the parliamentary elections was made possible by the funding of the Embassy of the Kingdom of the Netherlands, the Ministry of Foreign Affairs of Sweden, the Open Society – Georgia foundation, and the National Endowment for Democracy (NED). The opinions expressed in the statement belong to the Georgian Young Lawyers’ Association, and their content may not express the views of the donor organizations.
[1]http://rustavi2.com/ka/news/60231
