Two days prior to the parliamentary elections in Georgia, the non-governmental organization GYLA conducted an assessment of the pre-election environment as part of its observation mission. This assessment covers the period from April to the present and serves as a summary of the electoral landscape. GYLA's evaluation highlighted significant polarization during the pre-election period, indicating that the environment was not equitable.
Furthermore, the organization identified instances of legal violations and concerning trends that "had a detrimental effect on the pre-election processes. "The reintroduction of the law on "transparency of foreign influence," along with associated measures, and the government's campaign to discredit the civil sector, as well as rhetoric aimed at banning opposition political parties, have raised doubts about the feasibility of conducting elections in a free and fair manner," the organization stated. They also noted that before the pre-election campaign began, most legislative amendments proposed and/or enacted by the Georgian Dream were made without consultation, disregarding the views of opposition parties and the civil sector.
"Numerous instances of inappropriate treatment by law enforcement officers were revealed, manifested in physical and verbal confrontations with participants in protests and improper treatment during arrests. Publicly available footage clearly shows that, in some cases, the violence inflicted by representatives of law enforcement against activists and politicians may reach the level of degrading and inhuman treatment. In some cases, unidentified third parties physically assaulted those opposing the law: they attacked demonstrators at the protest and confronted organizers and their family members outside their homes or on the streets, where they were brutally beaten. This form of violence resembles the so-called "Titushky raid". Before the start of the pre-election campaign, the vast majority of legislative changes initiated and/or adopted by the "Georgian Dream" party proceeded with a complete disregard for genuine consultations and the opinions of opposition parties and the civil sector. The changes aimed to create a favorable environment for the ruling party and were not directed towards improving the actual legislative framework. One of the amendments adopted by the Central Election Commission (CEC) in its decree dated August 16, 2024, pertains to the distribution of responsibilities among commission members across all types of polling stations. This amendment mandates that voting must be conducted no later than seven days prior to the election. In response to this contested decree, on August 20, the Georgian Young Lawyers’ Association (GYLA) submitted an amicus curiae brief. Furthermore, on October 18, GYLA conducted observations of the voting procedures for members of the precinct electoral commissions in Tbilisi and the surrounding regions. It is important to note that the organization was informed about the voting procedure the day before, on October 17, at 20:27, which significantly complicated the observation of the process. Despite the tight timelines, GYLA observed 18 polling stations. At approximately 30% of these stations, the voting procedure started earlier than the time specified by the CEC, while at certain stations, it began later than scheduled. Consequently, the organization was not given the opportunity to effectively monitor the process. Within the framework of its mission, GYLA assessed three decisions of the Anti-Corruption Bureau that significantly negatively impacted the electoral environment. Particularly alarming was the decision in which the Bureau, by misinterpreting the law, arbitrarily assigned the status of a subject with a "declared electoral purpose" to a monitoring organization. Its aim was to hinder and discredit civil activism, as well as the activities of the monitoring organization. Through this interpretation of the law, the Anti-Corruption Bureau created a dangerous precedent for the disproportionate restriction of freedom of speech and expression. GYLA also negatively assessed four decisions made by the National Communications Regulatory Commission.3 It is significant that the decisions of the Commission and subsequently the court in these cases were based on incorrect interpretations of electoral norms, which placed the ruling party in a favorable position compared to other electoral subjects in all instances. Such interpretations of the norms undermine a free, fair, and competitive pre-election environment and damage the goal of ensuring an equal electoral environment among political forces. During the pre-election period, GYLA investigated six cases of violence, five instances of interference in the election campaigns of political subjects, three incidents of campaign material damage, two cases of property damage due to political motives, and one case of detention, presumably based on political grounds. Currently, GYLA is studying six additional cases, including one involving an attack on a media representative at an event organized by Georgian Dream on October 23. Each case varies in intensity and nature, but all have negatively impacted the pre-election environment. These incidents include physical violence against opposition candidates, damage to a ruling party member’s vehicle, vandalism of opposition party offices, and the tearing down or destruction of campaign materials. Despite the formal initiation of investigations by the relevant authorities into some of these incidents, there has been a lack of effective measures taken in response. This inaction contributes to an unstable and intimidating political environment that indirectly affects voters’ freedom of choice. Furthermore, the ineffective response from investigative bodies results in a decline in public trust in these institutions, potentially encouraging further violations" - reads the statement.
Response to Electoral Violations
GYLA filed seven complaints with the CEC and the district election commissions of Lanchkhuti, Telavi, Baghdati, Gori, Gardabani, and Bolnisi regarding violations detected during its monitoring mission. Five of these complaints, which pertain to violations of pre-election agitation requirements and the use of public resources, are currently under consideration. Meanwhile, the complaints regarding the use of administrative resources were dismissed by the District Election Commissions of Lanchkhuti and Telavi. In both cases, the chairpersons of the district election commissions addressed the complaints and made their decisions without conducting an oral session, failing to hear the applicants or conduct a thorough investigation of the factual circumstances.
Additionally, GYLA submitted a complaint regarding a violation observed in the 19th precinct of the 9th election district, where the second member of the commission receiving the transfer box was directly elected. This violation occurred during the observation of the procedure for drawing lots to assign functions to the members of the precinct election commission. In response to the complaint, the commission conducted the drawing of lots anew and redistributed the functions among the members.
In addition, based on information gathered during election monitoring, the organization submitted inquiries to the Ministry of Internal Affairs, the General Prosecutor’s Office, and the Special Investigation Service regarding various incidents that exhibited signs of criminal offenses. GYLA requested information on the initiation of investigations into these specific incidents and details about any investigative actions taken. Currently, GYLA is unaware of the responses from the investigative agencies.
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