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THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
C. The Organisation for Security and Cooperation in Europe/Office
for Democratic Institutions and Human Rights (OSCE/ODIHR)
Election Observation Mission Report on the Parliamentary
Election of 2 November 2003 (Part 1, Warsaw, 28 January 2004)
49. The relevant excerpts from the Report read as follows:
“Preliminary voter registers released in early October contained significant
anomalies and errors. The number of voters registered in a number of individual
districts showed a wide variation from previous elections ...
Inaccurate lists were of concern not only because errors could deny eligible citizens
the right to vote but ... increased the possibility of election fraud.
Reports on errors in voter lists included: omitting entire apartment blocks or streets;
voters being listed in the wrong districts; listing many deceased persons; and large
numbers of duplicate entries. Despite the enormity of the task, many PECs worked
conscientiously to rectify errors. However, some DECs failed to supply the PECs with
voter lists, and many PECs appeared unfamiliar with new registration procedures and
applied inconsistent methods. Many failed to display lists in a systematic or practical
manner ...
Other problems included: a 2,250-page list of deceased persons in Tbilisi that was
unusable as it was not broken down by district or precinct; IDP [internally displaced
person] voters not being systematically included in lists; and significant numbers of
voters lacking ID documents ...
Unexpectedly, on 26 October, the CEC decided to cease work on the central
database altogether, thereby jettisoning the effort to improve the accuracy and
transparency of voter registers. The PECs were permitted to use either handwritten or
computerised lists. This decision dramatically altered the voter registration framework
and caused a complete lack of uniformity in the type of list used.”
D. The OSCE/ODIHR Election Observation Mission Report on the
Repeat Parliamentary Election of 28 March 2004 (Part 2,
Warsaw, 23 June 2004)
50. This Report was submitted by the respondent Government as part of
their observations. Selected passages from its summary provide as follows:
“Conditions in the Autonomous Republic of Ajaria were once again not conducive
to democratic elections. Intimidation and physical abuse of opposition supporters and
journalists underlined the democratic deficit in Ajaria evident during this election
process, effectively creating a dual standard for elections in Georgia.
The CEC administered these elections in a credible and professional manner.
However, at times the CEC appeared to exceed its authority, for example, by
extending legal deadlines or modifying other legal provisions through decrees.
Several aspects of the election process were improved over previous elections,
although some CEC decisions in the post-election period cast doubts about its
impartiality.