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THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
C. Composition of the electoral commissions
1. The Government’s submissions
94. The Government submitted that the provisional rules on the
composition of the electoral commissions – Articles 128, 128(1) and 128(2)
of the EC – had not been introduced on the eve of the repeat parliamentary
election but on 5 August 2003, that is even before the regularly scheduled
parliamentary election of 2 November 2003. They pointed to the fact that
the applicant party had been satisfied with those rules pending the scheduled
parliamentary and presidential elections, and had complained only after the
finalisation of the legitimate but unfavourable results of the repeat
parliamentary election.
95. The Government argued that Article 18 § 3 of the EC provided a
sufficient guarantee to secure the independence and impartiality of the
electoral administration. Thus, although the candidates for membership of
electoral commissions were representatives of political parties, they were
obliged, under the above-mentioned provision, to quit their respective
parties once appointed to office.
96. Lastly, the Government submitted that the applicant party had not
shown any real evidence or referred to specific facts in support of its
allegations that the electoral commissions had either lacked independence or
impartiality, or that its representatives had been illegally hampered from
properly fulfilling their administrative duties. As to the composition of the
electoral administration itself, the Government stressed that the respondent
State should be granted a particularly wide margin of appreciation in this
respect.
2. The applicant party’s submissions
97. The applicant party acknowledged that the disputed provisional rules
on the composition of electoral commissions, whereby the President of
Georgia was entitled to appoint five out of fifteen members of the CEC, had
been adopted prior to the regularly scheduled parliamentary election of
2 November 2003. However, under another important amendment made on
28 November 2003, that is immediately after the “Rose Revolution” and
specifically for the purposes of the repeat parliamentary election of
28 March 2004, the chairman of the CEC was also to be appointed by the
President. The President thus gained the right to nominate directly six out of
the fifteen CEC members, including the Chairman, while another two
members were representatives of a pro-presidential party. Moreover, the
composition of the DECs and PECs was similar to that of the CEC.
98. Such a composition of electoral commissions at all levels
established, in the applicant party’s view, a plethora of possibilities for
electoral fraud. The applicant party alleged that its representatives had been