GYLA’s Georgian Media Legal Defense Center (GMLDC) responds to reports about closing of the shows Vakho Sanaia’s Report and the European Choice, both hosted by Vakho Sanaia, and sacking of journalists. Journalists believe that the reason for cancelling these shows stems from changes in the Public Broadcaster’s content – switching from public content to public and political, as well as the fact that the show host joined students’ rally outside the Public Broadcaster’s offices. Further, there are reports of cancelling Eka Khoperia’s TV show Audience Article 16 of the Law of Georgia on Broadcasting stipulates that Public Broadcaster must ensure editorial independence, the fairness and impartiality of programs and guarantee that the latter are free from state, political, religious or commercial influence; ensure impartiality of news, public and political, educational and analytical, cultural and sports programs according to public interest; ensure informing audience in a timely and comprehensive manner about important events taking place in Georgia, throughout its regions and worldwide.
2012-10-10 07:30 See moreAccording to various media reports yesterday, The Fund for Rehabilitation and Development of the Old City transferred total of GEL 5129 to the account of Club Diva LTD in May 2010. In this light, we’d like to highlight several circumstances: In May 2012 GYLA published a report Rehabilitation Process Beyond the Facade, which also focused on participation of the Fund for Rehabilitation and Development of Old City in the process of rehabilitation of the historic part of Tbilisi.
2012-10-10 07:00 See moreRecently media has been reporting about election subjects replacing their representatives following the Election Day. In particular, under the eleven resolutions of the CEC Secretary Gizo Mchedlidze, dated October 3, 2012, representatives of the election subject United National Movement – More Benefit to People have been replaced in individual district election commissions. Para.6 of Article 42 of the Election Code clearly stipulates that “An election subject shall have the right to withdraw and/or replace its representative at any time on which it shall inform the appropriate election commission”, meaning that election subjects are prohibited from withdrawing or replacing their representatives following the Election Day. In view of the applicable legislation, GYLA and ISFED believe that replacement of representatives following the Election Day as an illegal decision. Yesterday, on October 6, the CEC released a statement about replacement of election subjects’ representatives. In particular, the CEC has interpreted para.6 of Article 42 of the Election Code as follows: “an election subject is prohibited from withdrawing or replacing a representative only on the Election Day. The prohibition does not apply to the period after the polling is finished.” The statement also reads: “it is regrettable that Georgian Young Lawyers’ Association and the International Society for Fair Elections and Democracy have made a one-sided and unqualified comment about the issue. The prohibition, as interpreted by them, makes it impossible for election subjects to replace or appoint representatives during the period before future elections.”
2012-10-08 13:29 See moreThe International Society for Fair Elections and Democracy, Georgian Young Lawyers’ Association and the Transparency International – Georgia condemn physical violence on political grounds that occurred inside the building of Marneuli Gamgeoba. As observers of the NGOs have reported, today activists of the coalition Georgian Dream invaded offices of Marneuli Gamgeoba, verbally abusing personnel. Regrettably, Deputy Gamgebeli and his driver were subjected to violence. The latter has been taken to the hospital. According to Gamgebeli of Marneuli, he was also subjected to physical violence. Once more, the NGOs call on political party leaders to put an end to acts of violence perpetrated by activists of the coalition and its supporters on political grounds, endangering a peaceful and fair post-election period.
2012-10-08 06:48 See moreEuropean Court: the President of the Tbilisi Court of Appeal was negligent in reviewing both the factual and the legal basis for the applicants’ detention. On 2 October 2012, the European Court of Human Rights delivered a judgment in the case of Kakabadze, Chkhartishvili, Jishkariani, Rtveliashvili and Dalakishvili v Georgia (No. 1484/07) . The Court found breaches of Article 5 (illegal deprivation of liberty), Article 6 (right to a fair trial), Article 11 (freedom of assembly and association) and Protocol No. 7, Article 2 (right of appeal in criminal matters) of the European Convention on Human Rights and Fundamental Freedoms, as the applicants were unlawfully arrested, in violation of freedom of expression, whereas the Tbilisi Court of Appeal sentenced all five applicants to 30 days of administrative detention without reviewing both the factual and the basis for their detention, which in ECHR’s opinion was an excessive punishment. The applicants were represented by GYLA and the European Human Rights Advocacy Centre (EHRAC). The Court found that the applicants’ initial arrest and subsequent detention for thirty days was “made in an arbitrary manner, without the requisite exercise of good faith on behalf of the domestic authorities”. the Court concluded that the applicants’ arrest was not based on sufficiently clear and foreseeable domestic provisions and they could not have foreseen that their street picket in front of the Tbilisi Court of Appeal could entail their arrest and dtention as applicable provisions gives bailiffs power of arrest for acts committed inside court-house (violation of Article 5 of the Convention).
2012-10-05 13:47 See moreGeorgian Young Lawyers’ Association (GYLA) expresses a concern over post-election developments in several election precincts in Khashuri Election District N35 and calls on the authorities to take further actions in an adequate and effective manner, which is particularly important in light of the fact that the disputed election precincts have a substantial importance on results from Khashuri Election District. The election process, including tabulation of results in about 10 election precincts of Khashuri N35 Election District were conducted in serious violations of law. Specifically, evidence including statements of the PEC members suggest that the PEC summary protocols were drawn up in a way that did not reflect the will of voters expressed in these precincts or that the original data in summary protocols drawn up by the PECs was later changed. Further, Special Forces Units invaded several precincts of Khashuri and forced commission members to record election results in summary protocols the way they instructed them to.
2012-10-05 09:20 See moreGeorgian Young Lawyers’ Association (GYLA), International Society for Fair Elections and Democracy (ISFED) and Transparency International – Georgia have released a statement on developments during tabulation of election results. Currently, appeals are still ongoing at district election commissions (DECs). According to observers as well as media reports, political party activists are assembling outside DECs, frequently acting in an aggressive manner. In particular, rallies demanding annulment of precincts and re-counting of votes are ongoing outside DECs in Martvili, Senaki, Terjola, Ambrolauri, Sighnaghi, Dedoplistskaro, Lagodekhi, Akhalkalaki, Akhaltsikhe, Marneuli and Tetristskaro. Further, there are reports about planned picketing of various DECs. ISFED’s observer in Zugdidi Election District was pressured due to the fact that ISFED’s red logo was associated by a party activist with a concrete political force.
2012-10-04 11:32 See moreGYLA continues to monitor the course of the polling day in Tbilisi and 35 election districts throughout the regions. As of 09:00am, special units are mobilized nearby precinct N69 in Saburtalo N3 District and precinct N31 in Krtsanisi N4 District. There were individuals mobilized outside the precinct, who were registering voters. We would like to clarify once more that it amounts to indirect control on free expression of voters’ will. Further, in the last few hours GYLA’s observers identified the following violations: • Active concentration of police outside precincts N16, 29 and 31 in Krtsanisi N4 Election District. Police officers are asking people who have arrived at the precinct to identify themselves and explain why they’ve come; • Mobilization of police and public servants outside precinct N49 in Dusheti District. This is one of the largest precincts in Dusheti District’ • Confrontation between activists of political forces outside precinct N8 of Saburtalo N3 District;
2012-10-02 07:22 See moreGeorgian Young Lawyers Association (GYLA) continues observing the course of the polling day, at 35 election districts of Tbilisi and regions. As of 5 PM, certain persons are still mobilized at the nearby areas of the polling stations, who are registering the flow of voters. We interpret the fact as indirect influence on the free will of the voters and regard it as inexpedient. It is important that many troubled citizens who are getting in touch with us through a hot line, find this fact limitation for free manifestation of their will. We appeal to the political parties to stop limitation and restriction of voters’ manifestation of their free will. During the last several hours, following violations have been revealed by GYLA observers: 1. 5 cases of the fact, when the signature was already present in the list across the voter’s name, by the time he/she entered the polling station. (#23 and #58 precincts in Batumi, and #21 Saburtalo precinct in Tbilisi)
2012-10-01 15:52 See moreGeorgian Young Lawyers Association (GYLA) continues observing the course of the polling day, at 35 election districts of Tbilisi and regions. As of 5 PM, certain persons are still mobilized at the nearby areas of the polling stations, who are registering the flow of voters. We interpret the fact as indirect influence on the free will of the voters and regard it as inexpedient. It is important that many troubled citizens who are getting in touch with us through a hot line, find this fact limitation for free manifestation of their will. We appeal to the political parties to stop limitation and restriction of voters’ manifestation of their free will. During the last several hours, following violations have been revealed by GYLA observers: 1. 5 cases of the fact, when the signature was already present in the list across the voter’s name, by the time he/she entered the polling station. (#23 and #58 precincts in Batumi, and #21 Saburtalo precinct in Tbilisi) 2. The marking procedure is still a problem at some precincts. Because the marking liquid is of poor quality, the stain of the liquid is not present. In spite of our complaint, the polling process continues with the application of poor quality liquid, or without any marking liquid at all. 3. Frequent cases, when video shooting is illegally restricted are manifested on the majority of precincts. Sagarejo district is of special importance. Members of commission ask the video operators to shoot only the ballot box and not entire polling area, which is the legislative restriction. 4. When a GYLA observer decided to write a complaint, he/she was illegally banished from #50 Marneuli precinct. Later, with the participation of CEC, the observer was allowed back to the precinct.
2012-10-01 15:50 See more