Pre-Election Diagest # 5 from Kakheti

From September 1 to September 14 Information Center of Kakheti observed 1 fact of assault, 1 fact of armed intimidation, 4 facts of oppression, 6 facts of attempted interference in the pre-election campaign, 3 cases of violation of the election code and 3 facts of abuse of administrative resources.

Assault, Armed Intimidation

Assault on Kists in Telavi  - In the evening of September 9, strangers physically assaulted young Kists, who had come from Pankisi Valley, after the Georgian Dream’s assembly finished in Telavi. As a result of incident, Khizir Kushanashvili, 25 and Angel Borchasvili 22, got injured. Ambulance took injured people to Telavi hospital but doctors had not finished their examination, when police officers arrived at hospital and took injured people to police station for questioning. “We were at the assembly; afterwards we went to a concert; boys were standing nearby; when we approached them they started quarreling and we also injured in the incident. We were taken to hospital and then to police station for questioning”, said one of the injured people Angel Borchasvili to ICK. Nearly one hour later, injured persons were released from police office. Georgian Dream’s members took Khizir Kushanashvili back to hospital because his health conditions worsened. Giorgi Svanishvili, surgeon at Telavi district hospital, said patients had minor injuries and there was no need to keep them in hospital for medical treatment. But Zurab Zviadauri sent Kushanashvili and Borchasvili for additional analysis in Tbilisi. On September 10, Zurab Zviadauri told ICK that after the Coalition’s assembly finished in Telavi strangers had assaulted 8 more young people besides Khizir Kushanashvili and Angel Borchashvili; though they did not receive serious injuries: “10 people were beaten; some of them have bruises on the eyes, others have lips and head injured; everybody, except Kushanashvili and Borchashvili, had light injuries and did not apply to hospital for help,” Zurab Zviadauri said and added that medical examination sin Tbilisi diagnosed brain concussion on Khizir Kushanashvili. “Tomography and other tests showed that he has acute form of brain concussion. Doctors recommended to stay in bed and take medical treatment; he is already at home,” Zviadauri said. Criminal case was launched on the incident. Telavi police is investigating the case. Law enforcement officers have not arrested anybody yet. Deputy Secretary of the National Security Council Tamar Kintsurashvili commented on the fact and said investigation is going on the assault of young people and law enforcement agencies will adequately respond to it.

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Armed people broke into the houses of Georgian Dream’s supporters in Kvareli On September 10, armed people broke into the houses of the Georgian Dream’s supporters in Tkhilistskaro village, Kvareli district. “It was about 2:00 am. They jumped over the closed gate; they were five and had guns. One of them approached me lying in the bed and asked why we all had left village?” Elza Tigashvili told ICK. On September 9 she and her neighbors went to Telavi to attend the Georgian Dream’s assembly. “They made my husband get up and said they were from police. I asked them to wait for me to get up but they ordered me to stay in bed; he had pointed gun at me. They asked what was happening there? We said we had attended Ivanishvili’s assembly and asked them back what they needed for us. He said they were looking for Shorena. There was no Shorena in our house. They had already visited our neighbors and told them they were looking for Eliza; in the other family they said they were looking for Temo. They visited every family armed to scare people. Similar fact had never occurred and why it happened just after we had attended the assembly. Everybody had weapon except one. They inquired why we had all left the village. We said everybody had gone to the assembly except old people; we had travelled there by three mini-buses and some of us were even stading on feet in the bus,” Elza Tigashvili said. “When they broke into the house my child got shocked; he started screaming. I also screamed and told them it was my own choice whom to vote on the Election Day. They said they did not care about votes; they were looking for Shorena. They were asking stupid questions and visited almost every family in the village. Only I dare to speak about this incident; people are scared and do not speak. I can recognize the person who had gun; he was a young boy. I asked him what was the matter and he said they would kill your husband. I said I wanted to get up but he ordered to stay in bed and cursed,” Elza Tigashvili said. Her neighbor Ketevan Gagnidze also confirmed the information about the attack on their families late at night on September 10. “We support Georgian Dream and we got afraid; you know what is happening regarding this election. My husband looked out when they called; he had stoke and has not spoken for four months. The armed person asked him the surname; they did not do any harm to us and left us saying they had mixed up the family. They inquired Elza’s house. They had visited some other families in our neighborhood. They again visited us in the morning and asked me to serve them with coffee. I prepared coffee for them and they left; they spoke perfect Georgian,” Ketevan Gagnidze told ICK. According to the information spread in the village, the armed people were looking for certain Shorena. However ICK found out that the strangers had not entered the families whose members had not attended the Georgian Dream’s assembly. Kvareli distirct police has not launched criminal case on the fact.

 http://www.youtube.com/watch?v=eCEMWA3NuJA&feature=player_embedded

Oppression, Attempted Interference in the Pre-Election Campaign

Posters seized from the Georgian Dream’s activists in Kvemo Magaro On September 6, agitation posters were seized from the activists of the Georgian Dream Nino Gugashvili and Giorgi Mchedlishvili in Kvemo Magaro village, Signagi district when they were distributing them among people; they were verbally and physically assaulted. Member of the Signagi municipal board from the Kvemo Magaro village Giorgi Babakishvili participated in the harassment. “We were four and were distributing posters; suddenly two cars approached us, several people got out of them and asked who we were. We said we did not force anybody to take our posters and we were just informing people that on September 9 Bidzina Ivanishvili was holding assembly in Telavi. They seized our posters; they slapped one of our boys; they hit posters into my head and cursed. They warned us against coming to the same place next time and left the place,” Nino Gugashvili said and added strangers drove away by Giorgi Babakishvili’s car. The latter denied the accusations of the Georgian Dream’s activists. “I have not beaten anybody. I do not know who they were; I was not there,” Babakishvili said. A witness of the incident Galina Arabuli confirmed the activists’ statement: “I was filling in water in the street. Children were walking with posters. They stopped cars and seized posters from them. I asked them why they were seizing posters but he did not answer. They put posters in the car-booth and drove away,” Arabuli said.

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Georgian Dream’s information posters torn down in Gurjaani district On September 9, coalition Georgian Dream had scheduled assembly in Telavi. On September 8 Coalition actisivists placed annoucenemtn posters in the region and invited people to the assembly. In the same evening, almost every poster was torn down in the Gurjaani district villages. Residents of Chandari village told ICK that National Movement’s activists had done it. “Yesterday, late in the evening, young people were walking here and they tore down the Georgian Dream’s posters. They destroyed them everywhere. I know that they are the National Movement’s activists; I personally know them; they had pasted the UNM’s posters several days before,” the witness said.

Petrol stations did not work in Gurjaani  – On September 9, people wishing to attend the Georgian Dream in Telavi, faced some problems; they could not purchase fuel for the transportation. Petrol stations, including Lukoil’s petrol-station, did not work from the early morning. Operators clarified the stations did not receive enough electiricyt supply. In fact the district received electricity supply without any delay on September 9 and neither JSC Kakheti Energo Distribution Company confirmed the information about any delays.

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Attempt to interfere on rehabilitation grounds – unequal pre-election conditions in Telavi –On September 8, on Satuday, National Movement held an assembly in Erekle Square in Telavi. Rehabiliation works had been underway for two months in the town but before the UNM’s assembly they cleaned the streets from construction ruins and traffic movement was free all day long. ON September 9, when Georgian Dream held assembly in the same place, construction technique was brought to Erekle Avenue and put construction materials on the roads. “We are working on the façade but we have stopped now. I do not know why they stopped; it is our hob,” a driver of the truck told ICK. “The administration ordered me to to stay here. My working hours finished and can go but how can I go? We have stuck here for 2-3 hours,” the second driver said. Gela Samkharauli, majoritarian candidate of the Georgian Dream in Telavi, said on the previous day all roads to the Telavi center were free during the UNM’s assembly on the previous day but rehabilitators renewed their works on Sunday. “The purpose is to create discomfort for our supporters and hinder our assembly,” the candidate said.

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Officers of the MIA and Defense Ministry video-recorded Georgian Dream’s assembly in Telavi On September 9, officers of the MIA and Defense Ministry video-recorded the Georgian Dream’s assembly in Telavi. The people equipped with modern video-cameras did not introduce themselves; they were recorded the faces of the people who attended the assembly. One of the cameramen Mamuka Gaganidze works at the press-center of the Defense Ministry and he received instructions directly from the acting Kakheti regional governor Giorgi Sibashvili. A lot of representatives of the info9.com worked during the assembly very actively. Reportedly this agency was created in parallel to the prooppositional news agency Info9.ge and their representatives implement the instructions of the National Movement.

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Georgian Dream’s members were arrested in Kvareli – On September 4, Levan Khutsishvili and Zaza Rostiashvili-the members of the coalition Georgian Dream were arrested in Kvareli late at night. “I was at my friend Zaza Rostiashvili’s place last evening; we were having dinner on his balcony. A boy insulted us from the street and we also insulted him back. He is Bacho Nikolozishvili, relative of the National Movement’s representatives. He called police and suddenly 4 police officers rushed into the house and arrested us. Judge charged us under two articles of the Criminal Law – minor hooliganism and disobedience though we did not disobey police officers. When they entered we followed them to the police station. The sanction imposed by the judge was either 90-day administrative imprisonment or 400 lari fine; we preferred the fine and were released under 400 lari bail,” Levan Khutsishvili told ICK.

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Free Georgia’s regional office was robbed in Telavi – On September 3, office of the Free Georgia’s regional office was robbed in Telavi center. Regional coordinator of the political party Giorgi Mosiashvili told ICk that robbers had taken computer with complete working information in it from the office. Telavi district police is investigating the fact but they have not arrested anybody yet.

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Incident in Lagodekhi an incident occurred between the members of the Georgian Dream and National Movement in Pona village in Lagodekhi district. Georgian Dream’s members said the UNM’s majoritarian candidate arrived at the Georgian Dream’s assembly though the ruling party claimed this meeting was organized by them and Coalition members hindered them. “These people, in those t-shirts, wish to return you to the past with automatic guns and old system where you will not have pensions, salaries, allowances; you are enemies, of course,” the UNM’s majoritarian candidate Gia Gozalishvili told the Coalition members. “I will prove that you are enemies. These people, Georgian Dream is enemy of Georgia’s indepdence, you must remember it. You have exceeded all boundaries,” Lagodekhi district majoritarian candidate Guram Kakalashvili said. “They learned that we had planned meeting today and they rapidly arrived here and met people. Our zone coordinators are here; they had mobilized people but we did not tense the situation and left the area,” Georgian Dream’s member Gaga Gambashidze said.

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Kvareli district governor blamed in oppression Resident of Chikaani of Kvareli district Berdia Gezelishvili, who supports Coalition Georgian Dream, blames Kvareli district governor Besik Zandarashvili and attorney of the village territorial entity Temur Osiashvili in oppression. “District governor Besik Zandarashvili attacked me from the car and said why I was distributing Georgian Dream’s booklets. I told him I had right to inform people with my opinion though it was different from his opinion. Several years ago locals used a small part of forest as fire wood in winter and he reminded me of this case and said I would have to pay the fine. Besik Zandarashvili threatened my relative with firing form job; he works at a ministry. Majoritarian candidate Davit Kevkhishvili was meeting local population.After the meeting village attorney Temur Osiashvili told me not to do anything after what I could not be forgiven even after elections. Afterwards, my neighbor Guram Gezelishvili insulted me and threatened with dragging me out of my house. National Movement’s members deprived his father from the status of the sought in exchange of gaining votes for the elections,” Berdia Gezelishvili said. Witness confirmed one part of his story. “Guram Gezelishvili was cursing him and threatened with killing that night,” Guliko Kvachrelishvili, resident of Chikaani village said. Kvareli district governor Besik Zandarashvili did not comment on the accusation.

Patrol police officers seized car from the Georgian Dream’s Majoritarian Candidate in Telavi Patrol police seized car from Gela Samkharauli, Georgian Dream’s majoritarian candidate in Telavi. The car incident occurred in Tbilisi in the evening of September 11. As a result of the incident Samkharauli’s car was slightly damaged; the parties did not have complaints abouteach other but police took Samkharauli’s car to the penalty lot. Gela Samkharauli said while police officers were inspecting his documents, they said he did not deserve even a fine but after they learned about his personality, they took the car to the penalty lot. On August 10, police officers took the car of Spartak Zviadauri, brother of the Georgian Dream’s majoritarian candidate Zurab Zviadauri, to the Telavi penalty lot for disobedience. Before that, strangers put sand in Zurab Zviadauri’s car in Gori penalty station that damaged the car. It is noteworthy that patrol police massively fines activists and supporters of the Georgian Dream for the last one month. ICK studied several cases in Lagodekhi district and found out that fined drivers had not breached traffic laws though the patrol police fined them.

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Other fact of election law violations

Soldiers ordered to bring 5 people to the National Movement’s assembly in Telavi On September 8,United National Movement held assemblies in 11 cities of Georgia. They held assembly in Telavi in Kakheti region. In connection with this fact, soldiers were released from the battalion of the Defense Ministry for one day. Soldiers were ordered to bring 5 people each from their neighborhood to the UNM assembly. “They released me this morning for one day. The commander told us to gather five people each for the National Movement’s assembly in Telavi this evening. I had to collect people in my district and others in their districts,” a soldier told ICK. Expert of election issues Nina Khatiskatsi said soldiers, as well as police officers and officers of the MIA in general, are forbidden to participate in the pre-election meetings. 

Police officers at the National Movement’s assembly In accordance to the Article 45 of the Election Code of Georgia, officers of the Ministry of Internal Affairs of Georgia, Ministry of Defense, Prosecutor’s Office, Georgian Intelligence Service and Special State Protection Service are prohibited to agitate or participate in the pre-election campaign. Despite that, officers of the Kakheti main regional department of MIA and military police officers attended the assembly of the National Movement in Telavi on September 8. Information Centre of Kakheti detected officers of Gurjaani district police -Levan Maisuradze, Gocha Sibashvili –the deputy head of police, Shota Bejanishvili- deputy head of Kakheti main regional department of MIA, Mamuka Sologhashvili- military police officer at the assembly. They were dressed in civil clothes and were not implementing their official duties. Many policemen were near the theatre during the assembly where many people were gathered to meet President Mikheil Saakashvili. There were a lot of police officers dressed in uniforms during the assembly. Nina Khatiskatsi-expert of election issues said that Article 79 of the Election Code envisages punishment for breaching this law and similar action is punished with fine of 2 000 lari. CEC has not started study of this case.

Abuse of Administrative Resources

367 public servants on holiday in Kakheti during pre-election period Employees of district administrations and municipal boards in Kakheti region went on holidays during the pre-election period. Most of them are on paid holidays and they participate in the pre-election campaign of the National Movement. 38 employees of the Dedoplistskaro district administration were on holiday from August 1 to September 7 in 2012; 57 employees of the Gurjaani district administration and 23 employees of the Kvareli district administration went on holiday; in total 367 employees of the local administrations are on holidays in Kakheti. Holidays of most of them finish on October 2, next day of the Parliamentary Election. District governors, their deputies, heads of offices, specialists, lawyers, attorneys of territorial entities and specialists are also on holidays; they had signed labor contracts just two months ago. Five district governors and 5 chairmen of the municipal boards from 8 districts of Kakheti region are on holiday. Akhmeta district governor Koba Maisuradze has been on holiday for more than 1 month; chairman of the municipal board Aleksi Mailashvili took 1-month holiday on September 3. Two weeks ago, Lagodekhi district governor Dimitri Loladze also went on holiday till October 2. Former chairman of the Lagodekhi municipal board Giorgi Gozalishvili resigned on August 23; he is UNM’s majoritiarian candidate in Lagodekhi. Sagarejo district former governor Gia Chalatashvili is also majoritarian candidate of the ruling party; Shalva Jabadari implements his functions now. Chairman of the Sagarejo municipal board Ilia Chiaureli has been on holiday since September 2 and he participates in Gia Chalatashvili’s pre-election campaign. Dedoplistskaro district governor Nikoloz Shanshiashvili, his deputy Aleksandre Alugishvili and chairman of the municipal board Levan Bagashvili are also on holiday. Chairman of the Gurjaani municipal board Zakaria Iaganashvili, district governor Davit Meskhishvili and his deputy Davit Bezhashvili are also on holiday. Zakaria Iaganashvili is head of Giorgi Gviniashvili’s election HQ who is UNM’s majoritarian candidate in Gurjaani. Telavi district governor Nugzar Khutsaidze also intends to take a holiday. “I will take holiday from September 15 and will participate in the pre-eleciton campaign,” Telavi district governor told ICK. “I am not on holiday yet but will soon go,” Kvareli district governor Beso Zandarashvili said. Directors and personnel of the budget funded organizations are also on holidays. They also participate in the National Movement’s pre-election campaign. In accordance to the Election Code, public servant shall not participate in the election agitation of any candidate except holiday, weekends or non-working hours.

Myakhmeta.ge for party purposes  On September 6, Georgian Young Lawyers Association blamed Akhmeta district governor Koba Maisuradze and head of Akhmeta Information Center Omar Marukashvili in the violation of the requirements of the Election Code. GYLA demands to fine Marukashvili with 2 000 lari and responsibility of the Akhmeta distrct governor. GYLA evaluated that coverage of the activities of the United National Movement on the websites of the regional self-governmental agencies has acquired alarming trend. To demonstrate the law-violation the GYLA listed several examples of including the materials published on the website of the Akhmeta Information Center myakhmeta.ge. “Information published on the Akhmeta district website agitates against the Georgian Dream and demonstrates sympathy towards the ruling party. The titles of the press-releases published on the Akhmeta district website are the following: Provocation of the dreamers; Candidate of the UNM for the position of Akhmeta majoritarian MP continues meeting with population; The Georgian Dream’s briefing in Akhmeta aimed at misleading the public; The Georgian Dream’s soviet nostalgia; Head of the political union Georgian Dream’s office in Akhmeta, Temur Goderdzishvili does not remember Russian aggression; Local population who had arrived at the meeting did not hide their interest in the Georgian Dream’s money; Most of the population surveyed still expresses their confidence in Petre Tsiskarishvili; Petre Tsiskarishvili is again the candidate of the UNM for the position of Akhmeta majoritarian MP; Majority of Ozhio’s population believes that Temur Goderdzishvili joining the Georgian Dream is related to his business interests; Who is the head of the Georgian Dream’s office in Akhmeta?! What Teimuraz Goderdzishvili is going to say to the voters who elected them when he was a candidate of the UNM and declared their trust to him. Article 48 of the Georgian Election Code prohibits use of means of communication and information service of local self-government agencies in favor of or against an election subject. Article 49 of the Election Code prohibits pre-election agitation while performing official functions. Therefore, we believe that the responsible officials of the municipalities below violate these requirements of the Election Code, which is punishable by fine in the amount of GEL 2000 as administrative liability. Further, it is expedient to impose disciplinary responsibility on persons involved for their failure to duly perform their official duties and for behaving in a way that discredits the agency. GYLA believes that for publication of materials with clear agitation content on the website of Akhmeta Municipality a number of times, Gamgebeli of the municipality must be held liable,” chairperson of the GYLA Tamar Chugoshvili said. Akhmeta Information Center was founded based on the Akhmeta municipal board in August of 2009. Its legal form is non-profit, non-commercial legal entity. Akhmeta Information Center gets funds from the Akhmeta district budget. In 2012 it received 30 000 lari from the local budget.

Implementation of the activities funded from the local budget by the workers dressed in National Movement’s t-shirts On September 2, Employees of Ltd Gareganateba [outdoor illumination] work dressed in the National Movement’s t-shirts in Telavi. The Ltd is financed with 100 000 lari from the local budget. As Irine Urushadze-the lawyer of Transparency International - Georgia told ICK it is abuse the administrative resources and bribery of voters. Kakha Azikuri-the director of Ltd told ICK that his employees support the National Movement and he cannot prohibit them to wear the party’s election t-shirts.
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Response on the Observed Violations

Christian-Democratic Movement was fined with 5 000 lari  Tbilisi City Court found Christian Democratic Movement guilty in law violation and fined with 5 000 lari for having served population in Gurjaani for free on July 31. “The State Audit Office conducted an inquiry into the fact of financing of an assembly organized by Christian Democratic Movement that took place on July 31, in Gurjaani, at the glory memorial and its compliance with the Organic Law of Georgia on Political Unions of Citizens. As a result of examination, it has been established that Christian-Democratic Movement violated the Organic Law of Georgia on Political Unions of Citizens by neither providing the information to the SAO regarding the received donation within 5 working day time period as prescribed by law, nor reflecting it in the financial documentation. The SAO pursuant to the Organic Law of Georgia on Political Unions of Citizens drafted an administrative violations notice against the Christian Democratic Movement and transferred its findings to Tbilisi City Court for consideration.

On September 7, Tbilisi City Court fined Christian Democratic Movement by 5.000 GEL for failing to comply with applicable campaign and party finance laws,” the SAO statement reads. On July 31, CDM served about 1000 residents of Gurjaani district with free barbecue, cucumber, tomato and wine in glory memorial in Gurjaani. ICK spread photo and video materials  of this fact. One of the leaders of the political party Levan Vepkhvadze told ICK that people had made a party with their own money but population did not confirm his allegation and said that party leaders had invited them to the party and served them for free.

Telavi district deputy governor fined with 2 000 lari  Telavi district court found Telavi district deputy governor Vazha Zuroshvili guilty in law violation for the abuse of administrative resources and exceeding his professional powers and fined him with 2 000 lari. CEC spread relevant information about this fact: “On August 31, 2012 local internet publication of town Telavi distributed information, including photo and video materials regarding the breach of election legislation, by using administrative resources. The case was that the members of United National Movement were distributing food to the population suffered from disaster. With the regard to distributed information, the representatives of the Legal Department of the Central Election Commission were dispatched to Telavi, for purpose to study and research at place information published concerning the breach. They interrogated the following individuals: Telavi district deputy governor Vazha Zuroshvili, attorney of the territorial entity Badur Revazashvili and attorney of district territorial management of Telavi municipality Giga Likokeli. They gave explanation letters to the chairman of the Telavi DEC # 17 regarding the fact. The materials collected about the fact demonstrated the following: Vazha Zuroshvili clarified that they did not abuse administrative resources. A young man in the red t-shirt assisted three old people to take the products home and then left the territory. Baadur Revazashvili clarified, that he did not know the person in red t-shirt and he had arrived at the place to get aid and having received it left the territory. Gigi Likokeli clarified that volunteer young people assisted old people and one of them, a stranger, was wearing red t-shirt and he had responded to this fact and requested him to leave the territory. Telavi resident Giorgi Ergemlidze was also interrogated; he was detected in the national movement’s t-shirt in the photo taken by the ICK. Giorgi Ergemlidze said he had arrived there to get food and assisted three strange old people to take food to the car; as for red t-shirt, he likes it and often wears it. As a result of analyses of above mentioned materials the chairperson of No 17 Telavi DEC considered that deputy head of Telavi Municipality – Vazha Zuroshvili abused occupational capacity, by involving illegally, officially subordinated or otherwise dependent persons in agitation. (This was reflected in participation of young people clothed in the election subject’s attributes in distribution of food to population suffered from disaster). Consequently, the chairperson of No 17 Telavi DEC drew up the protocol on administrative violations, regarding breach of article 88 of Election Code of Georgia. Materials of the case and motion were sent to Telavi court. The Court delivered the resolution to fine Vazha Zuroshvili - deputy head of Telavi Municipality in the amount of 2000 GEL,” the CEC statement reads. On August 31, ICK spread photo and video-materials which demonstrated that young people dressed in the t-shirts of the National Movement were distributing food parcels to the people victimized by natural disaster. Kakheti regional coordinator of the UNM Giorgi Botkoveli said those people had nothing to do with the party and were passers-by; the CEC also shared his position. In near future, ICK will publish evidence which will prove that those young people were activists of the National Movement.

Employee of the Gurjaani district administration fined with 1000 lari Based on the photo and video materials of the Information Center of Kakheti court found Marine Chitinashvili, specialist at the social service of the Gurjaani district administration, guilty in the abuse of administrative resources and fined her with 1000 lari. “On August 13-16 various media sources reported about abuse of administrative resources. On August 17, Interagency Task Force provided the Central Election Commmission with the information about these facts for farther response. Election administration studied the cases related with the placement of the National Movement’s agitation materials in the working room of the specialist at the Culture, Educaiton and Social Development Service of the Gurjaani district administration and forwarded the protocol on the law violation drawn up by the Chairman of the Gurjaani DEC # 12 to the Gurjaani district court. The latter fined the specialist of the abovementioned service office with 1000 lari,” representatives of the CEC told ICK.