THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
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President Saakashvili was denied entry into Ajaria, where he intended to campaign.
The Georgian government reacted by imposing economic sanctions on Ajaria, and
tensions mounted significantly. The situation seemed to improve after an agreement
was reached during a meeting between Saakashvili and Abashidze on 18 March.
However, the partial implementation of the agreement did not significantly reduce the
tension prior to the elections ...
Opposition gatherings were violently suppressed or attacked by supporters of the
Ajarian authorities ... Offices of parties in opposition to the Ajarian authorities and of
non-governmental organisations (NGOs) were ransacked, opposition activists and
journalists were assaulted or abducted, and members of election commissions were
intimidated. While incidents of violence and intimidation also marred previous
elections in Ajaria, the intensity and frequency with which they occurred this time was
higher. Overall, the environment in Ajaria was once again not conducive to a
meaningful democratic contest during this election process.”
53. The Report also commented on the situation surrounding the CEC’s
decision of 2 April 2004 to cancel the election results in the Khulo and
Kobuleti districts and call for repeat polls in those districts:
“On 2 April, the CEC decided to annul the district-wide election results in Khulo
and Kobuleti and repeat polling in these two districts on 18 April. In addition, the
CEC dismissed the entire membership of the two DECs and created two temporary
groups composed of CEC members and CEC staff members to organise the repeat
elections.
On 12 April, the CEC temporary groups were dispatched to Ajaria but they rapidly
encountered active resistance. On 13-14 April, the temporary groups were forced to
leave the Ajarian territory by crowds of people. On the same day, the CEC Chairman
was prevented from entering Ajaria at Choloki checkpoint on the administrative
border. On 16 April, at a press conference, the CEC Chairman declared that for
security reasons elections in Khulo and Kobuleti would not be held on 18 April.
Nevertheless, the elections were not officially cancelled.
The CEC based its decision to annul the district-wide election results in Khulo and
Kobuleti and repeat polling in these two districts, respectively on Articles 105 § 13
and 105 § 12 of the EC.
Prior to election day, the EOM [the Election Observation Mission] attempted to
clarify with the CEC Chairman whether the CEC had the authority to cancel the DEC
results. During these discussions, he [the CEC Chairman] indicated that it was
certainly a questionable issue. While EC Article 105 § 13 grants the CEC the right to
examine the PEC documentation, recount ballots and sum up results based on PEC
protocols, the EC does not specifically grant the CEC the authority to annul the results
in an entire district.
In fact, the CEC simply cancelled the entire district results without hearing
testimony or investigating the circumstances at each PEC or establishing with any
certainty if the number of votes at the annulled polling stations was sufficient to meet
the criteria outlined in Article 105 § 12. Furthermore, the CEC did not examine the
electoral material. Elsewhere, where results were annulled this was done by DECs or
local courts.