Constitutional Court has started hearing Besik Adamia’s complaint regarding election vouching issue

Maka Malakmadze, Achara

On February 26, Georgian Constitutional Court heard the complaint of Citizen Besik Adamia. Plaintiff  protests the amendments that were introduced to the Election Code by the Georgian Parliament, and according to them only the independent deputy presented by the initiative group, will have to pay as a election sponsor 5 000 GEL on the account of Central Election Commission (CEC). Denoted amendments were introduced to the Election Code in the end of 2011.

Human Rights Centre prepared Besik Adamia’s complaint and ensured its submission to the Constitutional Court. 

Besik Adamia who lives in Kutaisi was an independent deputy candidate of in 2012 parliamentary elections. After gathering relevant documents he could not apply his right off passive electoral right as he had to pay beforehand 5 000 GEL on the CEC deposit. 

Besik Adamia,plaintiff:  “Last year President of Georgiastated that there should also be  non-party people in the Parliament. Initiative group uniting five people gathered and they presented me as an independent deputy candidate in Kutaisi. But I came across some financial obstacles which I think are illegal. People who have rating in the society can do a lot more with their fewer financial sources than the people who are financially well and want to become Parliament members for their businesses.

Mikheil Sharashidze, representative of Human Rights Centre defended the interest of Besik Adamia. According to his statement, amendments introduced to the Election Code  put majority  deputies in unequal circumstances: “Amendments introduced to the Election Code  cause differentiation according to both political as well as financial grounds.  Because the representatives of political parties do not have to pay 5 000 GEL as election vouchers.  This obligation applies to only independent deputies represented by the initiative Group and only in Parliamentary elections. . We do not appeal the existence of election vouching institute, but the fact that it is used only towards the deputies presented by the initiative group”.

It should be noted that amendment was made to the Election Code on December 27th of 2011 according to which it became obligatory to present bank document proving 5 000 GEL transaction to the account indicated by the CEC by the majority deputy candidate presented by the initiative group. Venice Commission adopted its conclusion on the Code on December 19th of 2011. Since March 19th till the adoption of final version of law new detail about obligatory transaction of 5 000 GEL was added to the law.

To the question of Judge of First Board in Constitution Court whether  the financial obstacle is high and what was the argument behind determination that 5 000 GEL is not a large amount defendant did not have an answer.

Lots of questions were left unanswered at the court hearing such as why must the majority deputy representing initiative group participating in the Parliamentary Elections has to pay 5 000 GEL? Does this financial obligation put majority candidates in unequal conditions?  

It is noteworthy that provision stipulating presenting the bank document proving 5 000 GEL transaction to the deputy majority candidate of Parliament presented by the initiative group on the account indicated by CEC was introduced in Election Code adopted on December 27th of 2011. However, it was introduced in the draft amendment earlier.    Georgian Side received the conclusion from Venice Commission on that law on December 19th in 2011. 

According to the election law, the applicant can get back his sum totally if he gets 10% of votes in relevant elections. Otherwise, this sum goes to the Georgian Budget.

The First Board of Georgian Constitution Court will announce its decision in few days about the action of Besik Adamia.