The Georgian Young Lawyers’ Association (GYLA) launched its long-term observation mission in April 2024 and has published three interim reports.  

According to GYLA’s assessment, the pre-election period took place in a context of high polarization and an unequal environment. Instances of legislative violations and pronounced negative trends adversely affected the pre-election environment.  

The adoption of the Russian-style law and its accompanying events 

The pre-election period was characterized by challenges for both local monitoring organizations and the political spectrum. The renewed initiation of the law on “Transparency of Foreign Influence” and its accompanying processes, along with the government’s systemic discrediting campaign against the civil sector and the rhetoric of banning opposition political parties, raised questions about the possibility of conducting elections in a free and fair environment.  

The process of initiating and adopting the law on “Transparency of Foreign Influence”, which follows a Russian model (April-May 2024), took place against the backdrop of serious human rights violations. The government attempted to restrict civil space using violent methods. There were gross violations of the freedom of assembly; systemic violence by law enforcement; encouragement of violence by high-ranking political officials; and the instrumentalization of criminal and administrative mechanisms to intimidate participants in protests. Additionally, instances of intimidation against participants in protests, supporters of protests, civil activists, journalists, politicians, and their family members (including children and elderly family members) were revealed, along with the use of various methods of psychological abuse and multiple cases of physical violence.  

Numerous instances of inappropriate treatment by law enforcement officers were revealed, manifested in physical and verbal confrontations with participants in protests and improper treatment during arrests. Publicly available footage clearly shows that, in some cases, the violence inflicted by representatives of law enforcement against activists and politicians may reach the level of degrading and inhuman treatment. 

In some cases, unidentified third parties physically assaulted those opposing the law: they attacked demonstrators at the protest and confronted organizers and their family members outside their homes or on the streets, where they were brutally beaten. This form of violence resembles the so-called “Titushky raid”. 

Other Legislative Initiatives 

Before the start of the pre-election campaign, the vast majority of legislative changes initiated and/or adopted by the “Georgian Dream” party proceeded with a complete disregard for genuine consultations and the opinions of opposition parties and the civil sector. The changes aimed to create a favorable environment for the ruling party and were not directed towards improving the actual legislative framework.  

One of the amendments adopted by the Central Election Commission (CEC) in its decree dated August 16, 2024, pertains to the distribution of responsibilities among commission members across all types of polling stations. This amendment mandates that voting must be conducted no later than seven days prior to the election. In response to this contested decree, on August 20, the Georgian Young Lawyers’ Association (GYLA) submitted an amicus curiae brief. Furthermore, on October 18, GYLA conducted observations of the voting procedures for members of the precinct electoral commissions in Tbilisi and the surrounding regions. It is important to note that the organization was informed about the voting procedure the day before, on October 17, at 20:27, which significantly complicated the observation of the process. Despite the tight timelines, GYLA observed 18 polling stations. At approximately 30% of these stations, the voting procedure started earlier than the time specified by the CEC, while at certain stations, it began later than scheduled. Consequently, the organization was not given the opportunity to effectively monitor the process. 

Gender Imbalance in Party Lists 

In April 2024, along with the abolition of the so-called ‘gender quotas’ by the Parliament, GYLA also assessed the gender balance in the electoral lists of the subjects participating in the parliamentary elections.1 Notably, in the 2024 parliamentary elections, only 29% of the 1,185 candidates registered in party lists are women. Compared to the previous parliamentary elections, where the share of women was 44.3%, the situation has significantly deteriorated.2 Among them, there is a significant regression in the electoral list of the ruling party as well. While the number of women in their 2020 electoral list was 24%, this year that figure stands at 16% (for clarification, there are only 28 women among the 169 candidates on the list). This statistic clearly indicates a declining trend in women’s representation in politics.  

Decisions of the Anti-Corruption Bureau 

Within the framework of its mission, GYLA assessed three decisions of the Anti-Corruption Bureau that significantly negatively impacted the electoral environment. Particularly alarming was the decision in which the Bureau, by misinterpreting the law, arbitrarily assigned the status of a subject with a ‘declared electoral purpose’ to a monitoring organization. Its aim was to hinder and discredit civil activism, as well as the activities of the monitoring organization. Through this interpretation of the law, the Anti-Corruption Bureau created a dangerous precedent for the disproportionate restriction of freedom of speech and expression.    

Decisions of the National Communications Regulatory Commission 

GYLA also negatively assessed four decisions made by the National Communications Regulatory Commission.3 It is significant that the decisions of the Commission and subsequently the court in these cases were based on incorrect interpretations of electoral norms, which placed the ruling party in a favorable position compared to other electoral subjects in all instances. Such interpretations of the norms undermine a free, fair, and competitive pre-election environment and damage the goal of ensuring an equal electoral environment among political forces. 

The Use of Hate Speech and Incitement to Violence  

On September 17, 2024, the Parliament of Georgia approved, in its third reading, the law “on the Protection of Family Values and Minors”, along with a package of accompanying amendments. This legislation is at odds with national and international human rights standards, resulting in unwarranted restrictions on fundamental human rights, including the freedoms of expression and assembly. It imposes censorship on activist, creative, and scientific endeavors and fosters an environment of homophobia and transphobia.4 It is noteworthy that the ruling party has also initiated a package of constitutional amendments with similar content.5 

The ruling party and its leaders actively used hate speech during the pre-election campaign, spreading homophobic and transphobic narratives, including through political advertising.6 

While members of the LGBTQI+ community already frequently experience violence both within the family and outside of it, and transgender individuals belong to a particularly vulnerable group to hate-motivated violence, the introduction of such discriminatory legislative initiatives and the dissemination of false, hate-filled rhetoric by politicians, especially during the election campaign, further endangers members of the LGBTQI+ community.7 

Obstruction and Violence in the Pre-election Campaign 

During the pre-election period, GYLA investigated six cases of violence, five instances of interference in the election campaigns of political subjects, three incidents of campaign material damage, two cases of property damage due to political motives, and one case of detention, presumably based on political grounds. Currently, GYLA is studying six additional cases, including one involving an attack on a media representative at an event organized by Georgian Dream on October 23. Each case varies in intensity and nature, but all have negatively impacted the pre-election environment. These incidents include physical violence against opposition candidates, damage to a ruling party member’s vehicle, vandalism of opposition party offices, and the tearing down or destruction of campaign materials.  

Despite the formal initiation of investigations by the relevant authorities into some of these incidents, there has been a lack of effective measures taken in response. This inaction contributes to an unstable and intimidating political environment that indirectly affects voters’ freedom of choice. Furthermore, the ineffective response from investigative bodies results in a decline in public trust in these institutions, potentially encouraging further violations.  

Use of Administrative Resources and alleged vote-buying 

During the pre-election period, the ruling party unscrupulously exploited its influence within administrative bodies, creating artificial barriers for its electoral competitors. This was evidenced by the detrimental practice of utilizing financial, institutional, and legal resources for electoral purposes, effectively blurring the line between the state and the ruling party. Significant electoral violations were observed concerning the use of administrative resources. Among the 16 cases of administrative resource utilization examined by GYLA, a particularly notable violation involved a superior official requesting employees of budgetary institutions to attend regional events organized by the ruling party, including during working hours. It is also noteworthy that their mobilization hindered the educational process in educational institutions in various ways. This existing harmful practice not only damages the free and equal electoral process but also significantly affects the will of voters and negatively impacts the functioning of public budgetary institutions. Additionally, GYLA studied five cases of illegal campaigning by unauthorized individuals, further blurring the line between the state and the party. As part of its monitoring process, GYLA identified one case of alleged vote-buying, and one case is under investigation. 

Since June, GYLA has recorded 13 large-scale social or infrastructure projects, including a major amnesty for prisoners, the cancellation of financial obligations, and promises to provide or transfer housing for hundreds of families, among others. By announcing and implementing such projects, the “Georgian Dream” party aimed to influence voter behavior. In GYLA’s view, the government’s use of such programs as election day approaches amounts to pre-election manipulation. This practice creates a clear imbalance between political parties and undermines the principle of separating state resources from party resources. 

GYLA also monitored the event organised by the “Georgian Dream” on October 23, during which five instances of alleged misuse of administrative resources were identified and are currently being assessed by the organisation.  

Termination from Employment on Political Grounds 

As part of its observation mission, GYLA identified cases of political dismissal of public officials and acting directors of public schools from budgetary institutions. The observation mission investigated four potential illegal dismissals. Additionally, GYLA is studying two more cases. It is important to note that all four subjects link their dismissals to their political positions, which were unacceptable to the ruling party. And the new directors appointed by the Minister of Education through discretionary authority were candidates rejected by the supervisory board, raising questions about the appropriateness of the minister’s use of discretionary powers. The political dismissal of individuals with critical opinions from budgetary institutions during the election period increases the risks of politicization in the public sector and negatively impacts the electoral environment.  

Confiscation of Identity Cards from Voters 

The pre-election environment was also negatively affected by information spread through various sources that citizens were allegedly being deprived of their identity documents for electoral purposes. The Constitution of Georgia guarantees each citizen the right to express their position in elections according to their views and in free and equal conditions while respecting the principle of voting secrecy.  

According to GYLA’s assessment, actions taken during the election period could interfere with voters’ ability to freely express their will, potentially influencing their decisions. These actions might also instill fear among voters, raising concerns about the confidentiality of their votes and contributing to uncertainty about the protection of voting secrecy. 

Opening Polling Stations Abroad 

The Young Lawyers’ Association negatively assessed the insufficient opening of polling stations abroad without considering the real needs of citizens, even though the existing legislative framework allows for the opening of additional polling stations overseas. For the 2024 parliamentary elections, the CEC opened a total of 67 polling stations outside the country. Information regarding the need to open polling stations abroad has been repeatedly provided to the CEC by both citizens and the President of Georgia, as well as other involved parties. However, there has been no response from the CEC regarding this issue. According to the current legislation, the CEC was not restricted from proactively approaching the Ministry of Foreign Affairs with a request to open additional temporary consular offices where the commission could establish polling stations if necessary. CEC, as the state body responsible for the realization of citizens’ electoral rights, was obligated to ensure the accessibility of participation in elections for Georgian citizens. To this end, it should have actively cooperated with relevant state agencies, especially the Ministry of Foreign Affairs, to guarantee the practical realization of Georgian citizens’ active electoral rights. 

Access to Public Information 

As part of its monitoring mission, GYLA assesses the responses of public agencies to requests for public information. During this mission, the organization submitted 158 requests to various public agencies in order to obtain information. In 48 cases, no response was received, and 23 responses were incomplete. The failure to disclose public information significantly hampers the effectiveness of GYLA’s monitoring efforts. 

Response to Electoral Violations 

GYLA filed seven complaints with the CEC and the district election commissions of Lanchkhuti, Telavi, Baghdati, Gori, Gardabani, and Bolnisi regarding violations detected during its monitoring mission. Five of these complaints, which pertain to violations of pre-election agitation requirements and the use of public resources, are currently under consideration. Meanwhile, the complaints regarding the use of administrative resources were dismissed by the District Election Commissions of Lanchkhuti and Telavi. In both cases, the chairpersons of the district election commissions addressed the complaints and made their decisions without conducting an oral session, failing to hear the applicants or conduct a thorough investigation of the factual circumstances. 

Additionally, GYLA submitted a complaint regarding a violation observed in the 19th precinct of the 9th election district, where the second member of the commission receiving the transfer box was directly elected. This violation occurred during the observation of the procedure for drawing lots to assign functions to the members of the precinct election commission. In response to the complaint, the commission conducted the drawing of lots anew and redistributed the functions among the members. 

In addition, based on information gathered during election monitoring, the organization submitted inquiries to the Ministry of Internal Affairs, the General Prosecutor’s Office, and the Special Investigation Service regarding various incidents that exhibited signs of criminal offenses. GYLA requested information on the initiation of investigations into these specific incidents and details about any investigative actions taken. Currently, GYLA is unaware of the responses from the investigative agencies. 

GYLA continues to monitor the electoral processes and keep the public informed about election violations. 

1 “The law on gender quotas was adopted by the ‘Georgian Dream’ in 2020 as a temporary measure for gender equality, and in 2023, its validity was extended until 2032. It is noteworthy that achieving gender equality was one of the 12 conditions set by the European Commission for granting Georgia a European perspective, and it was considered fulfilled.

2 “Statement of the ‘Working Group on Women’s Political Participation,’ official Facebook page of the organization ‘50/50,’ October 17, 2024, available at: https://www.facebook.com/story.php?story_fbid=931456635673704&id=100064281296012&mibextid=WC7FNe&rdid=RhbLEKaVugBaeJv6, updated: 22.10.2024.

3 1) Decision No. G-24-04/1989 of the Communications Commission dated September 13, 2024. Ruling No. 4/6953-24 of the Tbilisi City Court. 2) Decision No. G-24-04/1991 of the Communications Commission dated September 13, 2024. Decision of the Tbilisi City Court dated September 15, 2024, in case No. 4/6951-24. 3) The National Communications Commission of Georgia, Administrative Offense Record No. 000070 against TV Company Formula. The National Communications Commission of Georgia, Administrative Offense Record No. 000069 against Mtavari Channel. The National Communications Commission of Georgia, Administrative Offense Record No. 000077 against TV Pirveli. Decision of the Administrative Affairs Chamber of Tbilisi City Court, case No. 4/7599-24, October 11, 2024. 4) The National Communications Commission of Georgia, Administrative Offense Record No. 000078 against TV Company Formula. Decision of the Administrative Affairs Chamber of Tbilisi City Court in case No. 4/7654-24, October 13, 2024.

4 The Georgian Young Lawyers’ Association responds to discriminatory legislative changes aimed against human rights and democracy, https://gyla.ge/post/saqartvelos-akhalgazrda-iuristta-asociacia-diskriminaciul-adamianis-uflebebis-da-demokratiis-tsinaaghmdeg-mimartul-sakanonmdeblo-cvlilebebs-ekhmaureba.

5 Ibid.

6 Odikadze N. and others, III Interim Report of the Long-term Observation Mission for the 2024 Parliamentary Elections, August 27 - September 30 (Tbilisi, 2024), official website of the Georgian Young Lawyers’ Association. available at: https://admin.gyla.ge/uploads_script/publications/pdf/III%20%E1%83%A8%E1%83%A3%E1%83%90%E1%83%9A%E1%83%94%E1%83%93%E1%83%A3%E1%83%A0%E1%83%98%20%E1%83%90%E1%83%9C%E1%83%92%E1%83%90%E1%83%A0%E1%83%98%E1%83%A8%E1%83%98.pdf, updated: 22.10.24.