Majoritarian Candidates Losing Interim Elections Will Receive Their 5 000 lari Back

Salome Chkheidze

Constitutional Court of Georgia upheld the constitutional lawsuit of Human Rights Center on the case Besik Adamia vs Parliament of Georgia. Hence, majoritarian candidates will not have to have 5 000 lari deposit to participate in the parliamentary elections.

On April 18, Human Rights Center held press-conference about the decision of the Constitutional Court.

Executive director of the HRC Aleko Tskitishvili said that the Center represented Besik Adamia at the court, who was majoritarian candidate of the initiative group in the 2012 Parliamentary Elections and in accordance to the Election Code, before getting registered as candidates they had to open 5 000 lari deposit on the CEC account.

On April 11, the Constitutional Court of Georgia upheld the constitutional lawsuit of the HRC and declared disputable provision of the Article 116 Part VII of the Election Code of Georgia as non-constitutional.

According to this provision, majoritarian candidates nominated only by initiative groups were requested to have 5 000 lari deposit. Other candidates or election subjects like political parties or election blocks were free from similar obligations. In addition, the candidates could get the sum back only if they gained at least 10% of votes in the elections.

“Our argument relied on the allegation that only independent candidates bore similar obligations and not the candidates nominated by political parties or election blocs. Consequently, the Constitutional Court discussed and found this different approach to election subjects as non-constitutional that contradicts the equality principle guaranteed by Article 14 of the Constitution of Georgia,” said Constitutionalist Mikheil Sharashidze at the press-conference who represented Besik Adamia at the Constitutional Court.

Sharashidze said the constitution has already announced its decision on April 11 and the old provision will be annulled within two weeks time, so by April 24, the norm will not work. Consequently, the court decision will work for the interim parliamentary elections scheduled on April 27 in Nadzaladevi, Samtredia and Bagdati Election Districts. Namely, majoritarian candidates nominated by initiative groups, who have already opened 5 000 lari deposits, will have chance to get the money back regardless the fact they will gain 10% of votes or not.

Aleko Tskitishvili said that the HRC has lodged another lawsuit to the Constitutional Court too. It appeals formation of majoritarian election districts which is not compliant with the Constitution. The suitors are Ucha Nanuashvili, former executive director of HRC and Mikheil Sharashidze.

Human Rights Center continues monitoring of election process with financial assistance of the US Embassy in Georgia. The constitutional lawsuit was prepared in the framework of this project which resulted into annulment of non-constitutional norm in the Election Code.