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PACE: Observation of the Extraordinary Presidential Elections in Georgia

January 21, 2008
      Conclusions and recommendations

  The Extraordinary Presidential Elections in Georgia, on 5 January 2005, were in essence consistent with most Council of Europe commitments and standards for democratic elections. These were the first genuinely competitive Presidential elections in Georgia since its independence and in general enabled the Georgian People to express their political will. The shortcomings revealed during these elections form significant challenges that need to be urgently addressed. Regrettably, the problems and violations encountered, some of them serious, especially during the vote count and tabulation, taint the overall election process.

    It is beyond doubt that the violations and irregularities raise questions regarding the credibility of these elections in the eyes of the Georgian people. This is the main challenge that the Georgian authorities need to address without delay. The authorities should therefore fully, and transparently, investigate all election violations and complaints that are brought to their attention and provide full openness with regard to the grounds on which these complaints are rejected or declared admissible.

     The Georgian authorities are requested to provide the Monitoring Committee of the Assembly with a complete list of all official election complaints, jointly with the decisions, and the underlying argumentation, that were taken on them. The Ad Hoc Committee would suggest the two co-rapporteurs for Georgia to include in their future work the scrutiny of the manner in which elections complaints and appeals were handled.

    The manner in which the courts adjudicated on election-related complaints raises some questions regarding the independence of the judiciary in Georgia.

      The electoral framework in general provides an adequate basis for the organisation of democratic elections. However, the Election Code contains inconsistencies and ambiguities and is open to wide and varying interpretations. In addition, the last-minute changes to the Election Code, while generally addressing long-standing recommendations of the Assembly, have not been subject to an opinion of the Venice Commission of the Council of Europe. The Ad Hoc Committee therefore recommends that the Georgian authorities request an opinion of the Venice Commission on the Election Code, and, with its co-operation, work to eliminate any shortcomings and inconsistencies encountered before the next elections take place.

     The accuracy of the voters’ lists remains a point of concern. The authorities should pursue unabated their efforts to improve the accuracy of the voters’ lists, taking into account the additions made to the voters’ lists on Election Day.

     The possibility for persons to be added on the voters’ lists in the polling stations on Election Day is of concern, especially in the context of the inconsistent application of the provisions for inking voters’ fingers as a mechanism to prevent multiple voting by the same persons. Furthermore, the addition of voters to the voters’ lists in the polling stations by the election commissions on Election Day runs counter to Council of Europe standards. The possibility to be added in the polling stations by the election commissions on Election Day should therefore be abolished for future elections, including the upcoming Parliamentary elections in the spring of 2008.

   The allegations of abuse of administrative resources dominated the election campaign. To a certain extent, this was also the result of inconsistent and unclear regulations in the Election Code, which allow the blurring of state and party functions during the election period. This should be remedied for future elections. In addition proper regulations regarding the transparency and disclosure of campaign financing should be adopted in order to bolster the legitimacy of the election process in the eyes of the Georgian public.

    Pressure and intimidation on citizens and campaign activists have no place in a democratic society. The Georgian authorities should therefore fully investigate any such cases brought to their attention, and if substantiated, perpetrators should be prosecuted and sanctioned to the fullest extent of the law. For the sake of the public confidence in the electoral process, a climate of impunity for election offences should not be allowed to exist.

Details: assembly.coe.int/Mainf.asp?link=/Documents/WorkingDocs/Doc08/EDOC11496.htm

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