The Tbilisi Court of Appeals, after an extraordinarily long deliberation of almost 24 hours, rejected appeals from the watchdog Georgian Young Lawyers’ Association and the local observer My Vote regarding the alleged violation of ballot secrecy. The Court upheld, although disputed, the official results of the October 26, elections.
The GYLA attempted to annul official results from all voting stations in the country that used electronic devices. The watchdog claimed that the ballot secrecy was violated as the paper was so thin it revealed which party the voter was voting for on the other side.
Nona Kurdovanidze said that the decision was “not unexpected” for the plaintiffs. She remained adamant, however, that the secrecy surrounding the ballot had not been respected during the elections.
The Tbilisi Court of Appeals consolidated complaints from polling station across eastern Georgia and dismissed all 26 cases filed both by GYLA, and My Vote.
The Kutaisi Court of Appeals also considered complaints from voting stations in western Georgia, but rejected the GYLA’s claims late last evening.
If the Courts had confirmed that the ballot secrecy was violated, then the majority of votes would have been void, requiring new elections. The Tbilisi Court of Appeals reversed the earlier decision of Tetritskaro City judge Vladimer Khuchua. He was the only one to agree with GYLA and confirm the secrecy of ballots had been violated. Georgian Dream-affiliated websites, social media accounts and anonymous media have all attacked Khuchua for his extraordinary decision.
The GYLA also criticized the unusual length of the hearing at the Tbilisi Court of Appeals, saying that the court had violated constitutional principles of fair trial. They added that, according to relevant procedural rules, the decision should have been announced no later than 12 midnight.
Kurdovanidze also stated that the judges did not provide any clarifications to their decision after the verdict.
The hearing was presided over by Judge Davit Akalbedashvili. Judges Gocha Didava, and Dimitri Gvritishvili were members of the collegium. The plaintiffs filed an application to recuse Dimitri Gvritishvili on November 6, just as the court session began. They argued that he was one of the most powerful judges in Georgian judiciary due to his negative attitude towards civil society organizations. However, the collegium denied the motion.
The refusal to recuse a judge also occurred at the hearing before the Kutaisi Court of Appeals. One of the members of this collegium was Shota SIRADZE, the father of Vazha SIRADZE, Director of Georgian Patrol Police Department of Interior Ministry, and one of those high-ranking officials whose sanctions were demanded by Members of European Parliament. TI-Georgia requested that the judge be recused. However, the court denied the request.
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