Precinct Election Commissions Members Forced to Resign

Exclusive Interview

Gela Mtivlishvili, Kakheti

Personnel changes were carried out in the Election Precincts where, during the Presidential Elections on January 5 2008, the presidential candidate from the ruling party failed to gain a convincing victory by a wide enough margin; those Precinct Election Commissions were also blamed for having rigged the election results. PEC members were unable to stand up to the heat of district governors, heads of police departments and prosecutors. Consequently they had no choice but to submit their letters of resignation. In addition, the chairperson of the CEC fired commission members who did not obey what was otherwise an  illegal demand.

Personnel changes were carried out in several regions of Georgia, and it is mostly reflective of those commission members who paid the least attention to the violations observed during the elections. Zurab Daneilishvili, former members of the Gurjaani PEC # 12, spoke why the members of the PEC were fired and who were involved in the decision and why they were forced to give up their jobs.

“There were several serious instances of vote rigging observed in the Gurjaani PEC during the counting of the results of the Presidential Elections back on January 5 2008. The violations took place at Kardenakhi Election District # 33 and at the Vachnadzeani Election District # 6. Zurab wrote his recollection of the violations and enclosed to the final report of the PEC, which was done according to the Election Code. It was the submitted to the CEC, and even the Georgian Public Defender became interested in those alleged violations. Having studied the situation the Ombudsman requested the CEC to react to the likely violations.

As Zurab told, “I was invited to the meeting where the request of the Public Defender was to be discussed. Being asked about my opinion of what I saw I proceeded to mention all those blatant violations that were observed at the districts. Consequently, Levan Tarkhnishvili, the chairperson of the CEC, his deputy and Gizo Mchedlidze, secretary of the CEC became most irritated. The members of the CEC would not let me to completely describe all violations. Tarkhnishvili then expelled me from the meeting; they were shouting to the guard to physically drag me out of the meeting room. I did not resist them and left on my own accord.”

“Later I learned that CEC had fired me earlier than what was stipulated in the terms of the contract. The legal basis for the decision was accusation against me as if I had blatantly and systematically breached a standing order. In fact, the administration of the CEC could not stand that I, despite their suppression, even dared to speak up about violations observed during the elections.

-Mr. Zurab, As far as we know, you have appealed against the CEC decision at the court and you request to re-appoint you to your position. What did the judge decide?

-As I have already mentioned, I did not breach any regulations. Even though similar fact had occurred, the CEC had to pass resolution on my resignation within five days according to the Article 21, Paragraph III of the Georgian Election Code. The commission did not follow the terms of the law. Tamar Shushiashvili, judge at the Administrative Case Collegium at the Tbilisi City Court, states in her decision made on February 8 2008 that “five day term was breached but it is not kind of violation that would have impacted the final decision reached in this particular case.  Basically, the judge did not satisfy my appeal.”

-How and who suppressed you?

-On the next day of the elections when I learned the final reports of the election districts, complaints of the observers and other documents, I then was able to find many violations in them; I also informed other members of the commission of my observations. Next day, on January 7 Valeri Vardosanidze called me on the phone and introduced himself to me as the Deputy District Governor. He asked what complaints I had regarding the reports from the election districts. I told him that the results of the presidential elections and plebiscite did not coincide with each other in the reports. The candidates had received more votes than were the actual number who cast their votes.. I added that there were some other facts of violations. However, he advised me to keep silence. On the same day my relative visited me and informed me about the demand from the government. I replied to him that evident vote rigging was observed at a specific election districts and I would not keep silence. Then MP Ioseb Kardenakhishvili called me soon thereafter and said I could ask him everything I wanted to know. I told the same to the MP claiming the rigging was evident and it could not be hidden. Kardenakhishvili did not threaten me directly but there can be repression and it is not done in a threatening way.  I was then called from the police department and prosecutor’s office. However, still I did not change my position.

On January 8, Tamaz Khutsishvili, my former colleague and former worker at the Military Commissariat visited me at my office together with two additional persons.  He asked me out to accompany them to their car where we sat. Khutsishvili then reminded me that he had served a prison term, something that I had not remembered.  He then explained me that he was as discharged in exchange to support the National Movement. So, if I did not keep silence about violations, he would be arrested again and sent back to prison.

-Did not he tell you had sent him?

-They indirectly mentioned Tamaz Tsabutashvili, Kakheti Regional Prosecutor. One of the people sitting in the car said he was in total control of the situation. After that, my relative visited me again and he told me that if I did not sign final reports I would have had problems. My son, who is student, or even me, might be set up with planted drugs and be arrested. I was told that even worst things may happen. I had to lock my eighteen year old son in the house because of such threats and I did not allow him out for the next week. Afterwards, my wife and I called him once in half hour to check on him.

-What do you know about your colleagues, for example, Gia Makhlishvili, Bichiko Maisuradze and others who were also repressed? Reportedly, they resigned and the decision was based on their personal applications.

-I definitely know that they were also repressed in spite that they do not speak about concrete facts. Finally they had to submit their resignation and give up their positions.

Officials from the Central Election Commission deny the facts of repressing members of district election commission. “Chairpersons of the PEC have not yet applied to us with any complaints about being repressed. They only make baseless statements,” said Levan Tarkhnishvili.

Kakha Nareklishvili, representative of the CEC, explained that Zurab Danelishvili’s accusation about his illegal firing from the job is groundless and a court of law has also confirmed it.