Davit Ebralidze Was Not Approved as Ombudsman by the Energy Regulation Commission of Georgia

“They do not want to have an independent commission”

Ana Sheshaberidze

The Energy Regulation Commission of Georgia [the “ERCG or ERC” does not intend to approve Davit Ebralidze for the position of the Ombudsman at the Commission. Although the ERCG is entitled to approve the person proposed by the ombudsman, the commission declined to approve Ebralidze.

On July 24, 8 days after it was due, the Public Defender’s Office received a letter from the ERCG which stated that the Commission is not going to approve Ebralidze on the position.

Salome Vardiashvili from the Public Defender’s office said that Davit Ebralidze complied with all requirements of the position of ombudsman at the Commission. He represented the subscribers at the commission for several years. Thus, Vardiashvili cannot accept the refusal of the Commission and they will appeal to the court.

The Public Defender set up a commission of 17 people to select the person for the ombudsman at the ERC. The members of the commission were representatives of the Public Defender’s office, government, non-governmental organizations and the media. There were four candidates for the position (Irma Gelashvili, Dato Lominadze, Davit Ebralidze and Marina Jakishvili). Davit Ebralidze was elected by 14 votes against 2. The 17th member of the commission from the government, Ramin Bairamov, did not appear at the meeting during the polls because he was meeting with residents of his district.

The ERC had to approve the selected candidate within 10 days but the commission did not fulfill this legal obligation and refuses to approve him. Salome Vardiashvili, the chairwoman of the commission, said that the Regulation Commission had no right and legal basis to decline the candidate offered. “Ebralidze complied with all requirements of the position and he submitted all necessary documents to our commission for discussion. He must be the ombudsman at the Energy Regulation Commission. He has to defend human rights and shall protect the rights of subscribers. Maybe, the commission does not appreciate the functions of the ombudsman.”

Davit Ebralidze also agrees with the opinion of Vardiashvili and cannot explain the declination of his candidacy by the commission. “Maybe they do not want the commission to be independent.”

The letter sent to the Public Defender’s office is attached with the document of 2004. In 2004 personnel of the ERC demanded the resignation of Ebralidze from his position because he was not competent enough for the position (at that time Temur Lomsadze was interim public defender). The ERC tries to justify their refusal by a similar claim. But in 2004 the ERC declined the request of the personnel and did not fire Ebralidze. Consequently, it is unclear why this letter can be an argument five years later.

The ERC pays particular attention to one of the candidates, Irma Gelashvili, in their reply to the Public Defender’s commission. Gelashvili was considered to be the candidate from the government.

The commission for the selection of the Ombudsman at the ERC will have one more meeting and decide to protect their decision.

In near future Davit Ebralidze will give a press-conference and appeal at the court against the decision of the Energy Regulation Commission.

The members of the commission for the selection of the ombudsman, who supported Ebralidze, will do everything to protect his rights. Ucha Nanuashvili, executive director of the Human Rights Centre, stated “The Energy Regulation Commission does not have right to decline the candidate selected by the commission of the public defender’s office. We should do everything to eradicate similar illegality and we are ready to protect at court the rights of the selected candidate selected”.