Coalition for Freedom of Choice Requests Prosecutor’s Office to Launch Criminal Cases against Public Servants

Davit Nakashidze – claims that he was offered and then received 120 lari for each vote on his account in Liberty Bank. Davit Nakashidze handed us a document to prove the withdrawal of 240 lari from the bank and suggested to find out who had transferred the money to his account because it will expose who was buying voters.

Otar Gogitidze – claims that Tskhmorisi village governor Davit Ananidze offered him 350 lari, which was sent by Shervashidze (majoritarian candidate of the United National Movement) as he claimed.

Soliko Bolkvadze – “there was no oppression before elections but they gave me 100 lari in exchange of voting for number 5 political party” – said Soliko Bolkvadze, resident of Akho village.

Teona Devadze – Governor of Agara village Zviad Tebidze promised her to pay 240 lari in exchange of bringing supporters of the National Movement to the election office. “I took 240 lari from the Liberty Bank and gave 120 lari to Zviad; he gave the money to another person; I wanted to mark number 41 on the ballot paper but since I had received money from them, I marked 5,” said Teona.

Mevlud Tebidze, resident of Agara village – he and his family members were promised to give shelter in the former building of Keda hospital in exchange of support and he voted for the National Movement.

Family of Nona Bolkvadze, sick with leukemia, living in Gobroneti village – the family was requested to collect 2 500 votes in exchange of transferring medical treatment sum. The family and relatives managed to collect signatures but as the mother of the sick person said, Baramidze and Shervashidze said they would transfer money after the elections and finally they did not keep promise.

Ivane Vasadze – acting director of Tskhmorisi village public school Omar Bolkvadze gave 150 lari to him in exchange of voting for the UNM in the village center, on the bridge.

Jumber Nakashidze – watchman of the Tskhmorisi village kindergarten. “One day I learned in the school yard that money was distributed in exchange of voting for the number 5; I asked my neighbor to write my name in the list too; he had received 240 lari on his bank account already. Shervashidze had sent the money and Omar Bolkvadze (acting school director) was distributing money among us. Village governor Davit Ananidze asked me to warn one of my neighbors that he did not deserve so much money and had to return half of it back.

All aforementioned facts contain signs of voter-buying.

 Article 1641 of the Criminal Code of Georgia

“Buying of Voters

Giving, promising, transferring money, obligations or other property or service directly or indirectly to avoid restrictions of Georgian legal system via hypocritical arrangements or by other arrangements or refraining from voting for any political entity in the elections, and/or entering into sham transactions to avoid restrictions imposed by this article shall be punishable with imprisonment up to three years or by fine.”

2. Election documentation was fabricated in Signagi DEC # 13:

At the session of District Election Commission, Chairman, secretary and all commission members of Vakiri village PS # 5 stated that final protocol, drawn by them, was amended and faked by the DEC members; according to the initial protocol the majoritarian candidate of the Georgian Dream had won the elections. This fact breaches the Article 164 Part III (fabrication of elections) of the Organic Law – Election Code of Georgia (Fabrication of Election Results):

“Intended fabrication of election documents, election lists, protocols, bulletins, registration protocols, registration journals and control papers shall be punishable by imprisonment up to two years.”

3. Dedoplistskaro DEC # 14
a) Residents of Sabatlo village allege the commission members of PEC # 18 and village attorney Artak Aivazyan compelled them to take the marked ballot papers outside the cabin and to show them before dropping into the box. Commission member Lamzira Surmanidze also confirmed this fact. The public officials hindered demonstration of free will of voters that contradicts Article 162 of the Criminal Code of Georgia.

“Interference into Exercising One’s Will in Elections, Referendum or  Plebiscite”

1. Interference  into exercising one’s will in elections, referendum or plebiscite, -shall be punishable by fine  or by corrective labour for up to one year in length or by restriction of freedom for the term not exceeding  two years or by imprisonment similar length.

b) In PS # 22, Khornabuji village, Venera Martkoflishvili was permanently encroaching privacy of voting during the polling process; she permanently accompanied voters into the cabin and “assisted” them to mark desirable number. This action breached Article 164 of the Criminal Code of Georgia.

Encroachment upon the privacy of voting of the participant of elections, referendum or plebiscite, falsification of documents of elections, referendum or plebiscite, intentional  miscounting of votes, malicious  summing up of elections results or intentional and incorrect assessment of the results of referendum or plebiscite … -shall be punishable  by fine or by corrective labour for up to one year in length or by imprisonment for the term not in excess of two years.

4. Gori DEC # 32

Counting of votes in PS # 4 in Gori DEC # 32 showed that majoritarian candidate of the Coalition Bidzina Ivanishvili – Georgian Dream Malkhaz Vakhtangishvili was winning elections with much preference in the PS. Before final protocol was filled in, police officers broke into the PS, stole ballot papers, election documents and equipment of the election administration. As a result, the counting process failed and the District Election Commission decided to repeatedly hold elections in the PS. Here, we again observed violation of the Article 162 of the Criminal Code of Georgia.

Interference into Exercising One’s Will in Elections, Referendum or Plebiscite
1. Interference  into exercising one’s will in elections, referendum or plebiscite, -shall be punishable by fine  or by corrective labour for up to one year in length or by restriction of freedom for the term not exceeding  two years or by imprisonment similar length.

2. The same action perpetration:
a) by deception;
b) by using one’s official position or arms;
c) under violence or threat of violence;
d) by a group, -
shall be punishable by fine  or by jail term for up to six months in length or by  imprisonment for up to three years in length.

Coalition for Freedom of Choice appeals to the Chief Prosecutor’s Office of Georgia to investigate aforementioned facts of violation. Since those violations had impact on the results of the majoritarian elections in the districts, we appeal to the procedural and regulation committee of the Parliament of Georgia to study aforementioned facts in the process of granting authorities to MPs.