Prosecutor’s Office Investigates Election Violations but Violators “Not Punished”

Gela Mtivlishvili, Kakheti

The final report of the International Observation Mission on the Snap Presidential Elections of January 5 2008 in Georgia stresses that the elections were carried out with many blatant violations. The report assesses the counting of the votes and the preparation of elections reports in negative terms. Local observation organizations also speak about flawed election reports. Georgian Public Defender has applied to the Prosecutor’s Office alongside international and local observers to react on above-mentioned violations. The investigation was kicked-off based on the many appeals. However, despite several evidences, there has not been a single instance where someone has been prosecuted for violations of election law.

Most violations discussed in the reports of international and local organizations are noted from what was observed in the Kakheti region. Representatives of the Georgian observatory organizations explain the fact by high activity and independence of observers in this region.

Gurjaani Election Precinct # 12 recorded most violations. Sozar Subari, the Georgian Ombudsman, stated that numerous crimes were committed during the vote count at the Gurjaani Election Precinct # 12 and Kardenakhi Election District # 33; some of those violations are so serious that they are qualified under the Georgian Criminal Code, Article 164 (breaching the privacy while voting, incorrect counting of votes or incorrect summarizes of election results).

On January 5 2008 at the Kardenakhi Election District # 33 Davit Nikolaishvili, a representative of the presidential candidate Badri Patarkatsishvili, observed forging signatures on ballot papers and  ballot box stuffing.. The complaint was filed by Nikoleishvili though the chairperson of the commission refused to accept it. Consequently, it was not even discussed. Thus, Nikolaishvili appealed to the Gurjaani Precinct Election Commission. He wrote in his appeal that 808 voters arrived at the election district in total though 934 people voted as registered in the final report. He demanded to annul the results of the Kardenakhi Election District # 33 but this appeal was not satisfied by the primary election commission.

“The chairperson of the Commission provided the final reports of the election without the benefit of an appeal discussion. However, in parallel to the event, he introduced a report of amendments that did not include with the final report of the election district. Consequently I protested the fact and demanded to find out where the report of amendments came from. The chairperson assessed my request as interfering (preventing the commission members from their activities), and then proceeding to expel me from the meeting hall with the support of police under physical force,” said Nikolaishvili.

Commission members of the Election District # 33 confirm in their statements to the Public Defender that during the counting of votes no changes were introduced into the reports; consequently, they did not draw up any report or amendments. Moreover, the final report should have noted the date and time when the report of amendments was drawn, which was also not completed according to proper procedures. 

Since the Ombudsman sent all above-mentioned materials to the Georgian Prosecutor General for further reaction and recommended to Levan Tarkhnishvili, the chairperson of the Central Election Commission to discuss the disciplinary or administrative liabilities of the people who blatantly violated the election law at Gurjaani Election  Precinct # 12 and Kardenakhi Election District # 33. Commission members of the Kardenakhi Election District # 33 categorically denied they had given explanations to the Public Defender. Nonetheless, the report of amendments is not registered at the registry of the Election District # 33.

The registration rule of voters who should be provided with the right to vote at home was drawn up but it was a violation at this Election District. A total 56 voters were not provided the right, and nothing is mentioned of this, and who are these people, including names and surnames.

The Public Defender considers that the Georgian Criminal Code, Article 164 as having been breached.

Based on the recommendation of the Public Defender on January 26 2008 the Gurjaani District Court started an investigation which has been under way for two months already. However, the investigator has not interrogated the observers of the Election District # 33 who have filed complaints on violations.

“In fact the Prosecutor’s Office investigates the violations. If the investigation were an impartial, they could have looked for the complaints we filed to the District Court and demanded to annul the election results of the Election District # 33. The court did not accept our suit for unreasonable grounds. The suit outlined those violations that are envisaged under the Criminal Code,” said Lia Khuroshvili.
 
Criminal case was launched on the violations observed at the Election District # 16 of the village of Gulgula in Telavi Election Precinct # 17. However, the investigation has determined any violators as yet. While, Ia Bluashvili and Giorgi Lomashvili, representatives of the political movement “Tavisufleba” and commission members at the Gulgula Election District are prepared to come forth  to provide the investigation with detailed testimonies.

They reported that at 4:00 PM on January 5 2008 a drunken man entered the election district, and then come out of the booth with lots of ballots and stuffed the ballot box. Having rebuked the drunken man Bluahsivli was then insulted and then this man tried to assault her too.

“I drew up a suit though the district election commission did not discuss it. Gocha Chotorishvili, governor of the village of Gulgula, warned me about the intended falsification of the elections in advance and promised to employ if I would keep silence. Regardless of this effort, I could not be persuaded,” said Giorgi Lomashvili.

Public Defender considers in this particular case the Article 164 ' of the Georgian Criminal Code (bribing the voters and Article 164 ' (participation in the referendum or plebiscite based on fraudulent document) were breached.

Prosecutor General’s Office does not agree for the investigation to be prolonged. They reported the district departments do conduct investigations about violations observed during the elections. “Investigators have questioned people but out of investigation interests we cannot tell you anything,” said the officials from the Prosecutor’s Office.

Nana Devidze, coordinator of the “International Society for Fair Elections and Democracy”, states the prosecutor’s office pretends to investigate election violations. “Although they have launched criminal investigations, you can see how not one perpetrator has been found so far and that nobody has been punished. Because of impunity syndrome people will always mistrust the election commissions and the violations will increase,” said Nana Devidze.