36
THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
group to cross the administrative border of the Ajarian Autonomous
Republic (“the AAR”) and, on the latter date, the polling stations failed to
open.
113. The Government claimed that tensions between the central and
local authorities at the material time had degenerated into an armed clash
with “armed criminals serving Mr A. Abashidze [the Head of local
authorities]”. Thus, Mr G. Chalagashvili, one of the Government’s
representatives before the Court, claimed that he, as a member of the
electoral group commissioned by the CEC to organise new polls in the
Khulo and Kobuleti districts on 18 April 2004, had witnessed some one
hundred armed persons opening fire at the group on the administrative
border. According to the Government, those persons were later convicted of
the offence of obstruction of the electoral process. However, they did not
submit a copy of the verdict or any other material related to the relevant
criminal proceedings. As sole evidence of the tense relations between the
central and Ajarian authorities, the Government referred to the
circumstances of the case of Assanidze v. Georgia ([GC], no. 71503/01,
ECHR 2004-II).
114. The Government also asked the Court to pay particular attention to
the political situation in Georgia at the material time. They submitted that,
since the then Parliament had almost suspended its activity pending the
repeat parliamentary election of 28 March 2004, any further delay in the
finalisation of the countrywide election results would have caused public
disorder and led to a collapse of the normal legislative process. Failure to
finalise the election results on 18 April 2004 would have breached the
principle of holding an election “at a reasonable interval” within the
meaning of Article 3 of Protocol No. 1.
115. The Government further argued that the disfranchised population’s
votes in the two Ajarian districts could be considered to be “wasted votes”,
which is an unavoidable phenomenon in any democratic country. They
considered that the exclusion of a certain part of the electorate from an
election, “even if this part consists of several million voters”, did not block
the emergence of political alternatives within society and thus did not
interfere in the democratic processes of the State. Moreover, according to
the Government, the repeat parliamentary election could legally be
considered to have been held, even without counting the votes from the
Khulo and Kobuleti districts, as more than one-third of the total number of
registered voters had taken part (Article 105 § 3 of the EC).
Mr Chalagashvili, as the Chairman of the CEC, further underlined that,
since the exclusion of the Khulo and Kobuleti electoral districts from the
vote tally was lawful, there was no need for the Government to show the
Court any particular justification for that decision.
116. The Government submitted that, in any event, the applicant party
had failed to substantiate its claim that it could have received sufficient