28
THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
parliamentary election of 28 March 2004 was conducted more fairly than
the previous one. The Government invited the Court to take into account the
international election observers’ appraisals in this regard (see paragraph 50
above).
77. According to the Government, the applicant party did not submit any
evidence in support of the allegation that the change in the voter registration
system had violated any of its rights under Article 3 of Protocol No. 1.
Finally, they argued that the authorities should be granted a wide margin of
appreciation in the choice of a voter registration system.
2. The applicant party’s submissions
78. The applicant party replied that the system of voter registration, as
amended by CEC Decree no. 30/2004 of 27 February 2004, undermined the
effectiveness and practicability of the guarantee of free elections set out in
Article 3 of Protocol No. 1.
79. In the opinion of the applicant party, the above-mentioned Decree
also breached Articles 9 and 10 of the EC. In particular, Article 9 § 5 of the
EC provided that the electoral roll of voters should be compiled not on the
initiative of voters but on the basis of the data available at the relevant State
agencies. Furthermore, Article 9 § 8 of the EC provided that the electoral
administration should review the general electoral roll instead of the voters.
Finally, the impugned Decree excluded ab initio all voters mentioned in
Article 10 of the EC – those, for example, who, on election day, were being
held in police custody or pre-trial detention, were in hospital, etc. – as they
could not comply with the procedure for preliminary registration.
80. According to the applicant party, by introducing a deliberately
aberrant system of voter registration contrary to the provisions of the EC,
the CEC not only facilitated various possibilities of electoral fraud – voters
could, for example, register in different electoral precincts and thus cast
their vote more than once, whereas others who had failed to comply with the
preliminary registration were unable to cast a vote – it also shifted the
burden of registration from the State onto the voters. This, in turn, was not
compatible with the Contracting State’s positive obligations under Article 3
of Protocol No. 1. Moreover, the sudden change in the rules on registration
to which voters had been accustomed by virtue of the long-standing
electoral legislation resulted in a reduction of the latter’s electoral activity.
81. Lastly, the applicant party denounced as untrue the Government’s
argument that Parliament had been unable to function normally because of
time constraints, referring to the fact that in February 2004 the legislative
body examined and approved a substantial package of important
constitutional amendments.