THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
19
Voter registers were further improved and consolidated in a computerised
database ... However, further efforts are needed to complete voter lists, correct
remaining errors, and improve their accuracy.
The lack of political balance on election commissions remained a source of concern.
Some DECs and PECs failed to maintain appropriate distance from the ruling parties,
and some local authorities interfered in the work of lower-level election commissions.
President Mikheil Saakashvili’s offer to reduce the number of his appointees on the
DECs and PECs from five to three addressed some of these concerns. However, these
changes came late in the electoral process and should have been extended to the
CEC. ...
The tabulation of results at district level was marred by irregularities in a number of
DECs. In some cases, election material was delivered unsealed or inadequately
secured, protocols were completed or changed at the DEC level, and in at least one
case, the DEC members ‘negotiated’ the results. The handling of election-related
complaints at some DECs was also inadequate.
An analysis of the PEC results made available by the CEC showed a number of
anomalous or implausible results in a significant minority of districts. Such anomalies
included: a rapid increase in voter turnout during the last three hours of voting; an
implausible voter turnout, in some cases exceeding 100%, and sometimes coupled
with a share of the vote for the ruling parties in excess of 95%; and instances of an
unusually high percentage of invalid votes.
A total of fifty-two polling stations were invalidated by the DECs due to
irregularities. The CEC cancelled the results in two districts in Ajaria (Khulo and
Kobuleti) and ordered repeat elections for 18 April, which did not take place due to
security reasons. The CEC’s decision to cancel the results and repeat elections in
entire districts appeared to be based on questionable legal arguments.
Overall, the following elements marked positive developments for the election
process:
• improvements in the administration of the election process;
• the enhanced professionalism and openness of the CEC;
• commendable efforts to improve, computerise and consolidate the voter lists,
although they remain incomplete;
• with the exception of Ajaria, a peaceful and free pre-election period, although
there was a late and very limited campaign;
• freedom of expression enjoyed by the media, with the exception of Ajaria; ...
However, some aspects of the process need to be addressed in order to remedy
issues of concern and continue forward progress, including:
• the continuing lack of a clear separation between State administration and political
party structures, and the ongoing potential for misuse of State administrative
resources;