International Society for Fair Elections and Democracy ISFED

Pre-Election Monitoring of2012 Parliamentary Elections Fifth Interim Report

August 1 26, 2012

September 3 Tbilisi
Publishing the report was made possible with the support from American people, with the financial support from the United States Agency for International Development (USAID), the National Endowment for Democracy (NED) and the National Democratic Institute for International Affairs (NDI). The views expressed in the report belong solely to the author and may not necessarily reflect the views of NDI, USAID or United States Government

I.

About the Monitoring Mission

With the financial support of the US Agency for International Development (USAID), the National Endowment for Democracy (NED) and the National Democratic Institute for International Affairs (NDI), on April 1, 2012, the International Society for Fair Elections and Democracy (hereinafter, ISFED) started monitoring of the pre-election environment leading up to the 2012 parliamentary elections. Starting from April 1, 2012, ISFED published monthly interim reports on the pre-election environment and has subsequently published four interim reports. The present fifth interim report covers the period of August 1-26, 2012.

II.

Monitoring Methodology

October 1, 2012, was announced as the day of 2012 parliamentary elections on August 1, 2012, officially kick starting the pre-election campaign. On August 11, 2012, ISFED was accredited as a national monitoring organization at the Central Election Commission. As of now, ISFED is monitoring pre-election period with 84 accredited observers. ISFEDs fifth interim report coincides with the commencement of official election campaign. Throughout this time ISFED monitoring included several different areas of focus, including: The work of all 73 electoral administrations throughout Georgia; Public meetings and other political activities of political parties/electoral subjects; Use of administrative resources; Political pressure/threats, interference with political work and vote-buying.

In frames of the pre-election monitoring, ISFEDs long-term observers (LTOs) monitored the use of administrative resources, including the participation of unauthorized individuals in the election campaign, use of budgetary programs for the benefit of electoral goals, use of buildings/edifices funded from the state/municipal budget for electoral purposes, use of vehicles under the state or municipal ownership by officials in pre-election campaigning, etc. In frames of the monitoring of electoral commissions, ISFEDs LTOs attend and monitor meetings of district electoral commissions in parallel with observing proper performance of their functions during the pre-election period, including whether attendance of all interested and authorized individuals at the meetings is facilitated; whether members of district electoral commissions (DECs) have been recruited within the timeframe prescribed by the law; whether any political party faced problems in registration of a candidate;
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whether a DEC has published the number of electoral precincts, addresses of precinct electoral commissions (PECs), their telephone (fax) numbers and other information within the timeframe prescribed by the law; whether local self-governments ensure placement of agitation materials of electoral subjects and observe the principle of equality, etc.

During the monitoring LTOs received information from administrative agencies by means of soliciting public information as well as from political parties, media outlets and citizens. In addition to violations that have been revealed, this report also contains information obtained by ISFEDs LTOs about public meetings held by political parties throughout the regions of Georgia. Further, this report offers the list of promises made by political parties to voters during these public meetings.

III.

Summary of the Situation

This report covers the period from August 1 to August 26, 2012. Starting from August 1, 2012, after the date of 2012 parliamentary elections was announced, election stakeholders have been subject to a different legal regime. Specifically, the election campaigning procedures envisaged by Chapter VI of the Election Code of Georgia have now come into effect. 1 The Must Carry obligation envisaged by Article 51 of the Election Code has come into force; media and other broadcasters are now obligated to comply with the procedures for placement of political advertising; it is prohibited to use a political partys number on ballot paper in social advertising; it is prohibited to prepare materials with any election subject or his number on ballot paper, or/and which include materials for or against any election subject, with the use of state/municipal budget funds; public officials are prohibited from using official capacity or working status in the process of agitation or campaigning in favor of or against an election subject; individuals who are authorized to participate in pre-election campaigning/agitation are prohibited from using buildings and constructions funded from the state or municipal budgets if other subjects are banned from using the same buildings on equal terms;

See the organic law of Georgia Election Code of Georgia, Chapter VI

it is prohibited to use means communication, information resources or any other technologies owned by organizations funded by the state or municipal budget for electoral purposes; use transportation means owned by state or local self-government agencies for free or on concessionary terms is prohibited; participation in pre-election campaign/agitation by individuals who are legally prohibited to do so will result in imposition of fine in the amount of GEL 2000; transferring of Gamgebeli, Sakrebulo Chairperson, senior officials of police and the office of the prosecutor is prohibited, except when their authority expires and/or when they have violated the law; implementation of such projects which have not been previously envisaged in the state/municipal budgets shall be prohibited; so is increasing of those budgetary programs, which were envisaged in the budget before the elections, initiation of ad hoc transfers or increase of planned transfers in the local budget.

Right after the announcement of the date of the elections, the CEC published schedule of events for the October 1, 2012 parliamentary elections in Georgia, laying out timeframes for various activities as established by the Election Code. 2 As of now, there are 15 political parties and 2 electoral blocs registered with the CEC. 3 According to the information available to ISFED 4 , number of public meetings held by electoral subjects from August 1 to August 26, 2012 is as follows: the United National Movement - 182 5, the Georgian Dream 376, the New Rights 31, the Christian Democrats 34, the Free Georgia 5 and the party for Fair Georgia 4. During the reporting period, ISFED identified the following incidents of allegedly political motive: Pressure/threats leveled against political party activists 10;

http://cesko.ge/index.php?lang_id=GEO&sec_id=138&info_id=8937 http://cesko.ge/files/2012/PARLAMENTIS%20ARCHEVNEBI/PARTIEBI/election_subjects_31.08_geo.pdf 4ISFED received information about public meetings and promises made during these meetings from LTOs or activists of the organization who personally attended these meetings and met with participants; 5ISFED received additional information about meetings held by the United National Movement after these meetings were finished. Therefore, the information could not be fully incorporated in the analysis of public meetings registered by us. It was impossible to attend every meeting due to the fact that we received information about the UNMs meetings post factum. According to the information provided by the UNM, there were total of 884 public meetings held by the party during the reporting period;
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Physical assault/violence on political grounds 15 (including 7 cases of violence perpetrated against journalists); Interference with political activities 8 (including 5 cases of interference with political activities with the involvement of public servants); Interference with journalistic work 10; Violations in the work of election administration 3; Dismissals from work on alleged political motive 4; Interference with the work of a monitoring organization 4; Application of administrative liability on alleged political grounds 5; Improper use of administrative resources 31.

Facts featured in the present report illustrate significant raise in the number of cases involving threats/pressure on political grounds, physical assault, interference with journalistic work and use of administrative resources in August 2012. Certain individual facts contained by this report bear signs of a criminal offence, calling for immediate examination and probe by appropriate authorities. Specifically, in several instances signs of actions envisaged by Article 142 of the Criminal Code of Georgia are evident, including restricting, by an official, equal rights on the basis of political affiliation, which has essentially infringed human rights. Further, actions envisaged by Article 156 and 154 of the Criminal Code of Georgia persecution for political pursuits and illegal interference into professional activities of a journalist, as well as actions envisaged by Article 166 of the Criminal Code, including illegal interference with the work of political unions by the use of force, threat of violence or abuse of official capacity. Facts in the present report frequently contradict with paras.5.4, 7.6 and 7.7 of the OSCE 1990 Copenhagen Document, calling for clear separation between the state and political parties and stipulating that the participating States shall provide the necessary legal guarantees to enable political parties and organizations to compete with each other on a basis of equal treatment before the law and by the authorities; ensure that law and public policy work to permit political campaigning to be conducted in a fair and free atmosphere in which neither administrative action, violence nor intimidation bars the parties and the candidates from freely presenting their views and qualifications. 6

IV.

Violations Revealed in the Work of the Election Administration

http://www.osce.org/odihr/elections/14304

Determining the coalition Georgian Dreams number on ballot paper On August 20, 2012, representatives of an electoral bloc, Bidzina Ivanishvili Georgian Dream released a statement alleging that the CEC violated the procedure for assigning a number to the electoral bloc 7. The electoral bloc Bidzina Ivanishvili Georgian Dream intended to participate in election with a number 7 previously used by the Conservative Party and had already produced agitation materials and other items for campaigning with number 7 on them. However, the CECs interpretation of para.4 of Article 119 of the Election Code different from interpretation given for 2008 and 2010 elections. The paragraph stipulates that If an

election bloc has been established by political parties, which participated in the most recent parliamentary elections, it [the bloc] shall specify in the statute of the bloc the party whose number it will use.
Specifically, the statement published by the CEC notes that a bloc of political parties has the right to keep the same number as the number which was assigned to one of the member political parties during the previous parliamentary elections if all parties in the bloc participated in the most recent elections. Otherwise, the number shall be determined on a sortition basis. 8 It is noteworthy that in 2008 and 2010 elections, the CEC allowed electoral blocs to use number previously assigned to one of the member political parties, even though some of their member political parties did not participate in previous elections. 9 Leaders of the Georgian Dream met with NGOs and declared that the CECs interpretation of para.4, Article 119 of the Election Code is politically motivated. On August 21, 2012, the CEC met with NGOs. The CECs representatives noted that during 2008 parliamentary elections as well as during 2010 municipal elections, assignation of election number to political blocs was decided based on a political agreement reached between members of the CEC, whereas in the case that involved the bloc Bidzina Ivanishvili Georgian Dream, similar political consensus was not reached between the CEC members. The CEC decision gives the appearance that the CEC members violated the principle of political neutrality, as unlike previous elections, they made a different decision with obvious political motives.

http://live.ge/video-8597 http://cesko.ge/index.php?lang_id=GEO&sec_id=13&info_id=9344 9During the 2010 municipal elections the bloc Alliance for Georgia was assigned a number of one of its member parties even though not all of its members had participated in the 2008 parliamentary elections;
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On August 20, 2012, the CEC assigned number 41 to the bloc Bidzina Ivanishvili Georgian Dream.

Tbilisi/Mtatsminda ISFEDs LTO observed an incident during a meeting of the PEC N20. When the observer arrived at the electoral precinct, the meeting had already been finished several minutes ago. However, after interviewing members of the PEC, she found out that there was one important violation during the meeting. A representative of the coalition Georgian Dream, Tsatsa Archvadze declared that an unidentified individual participated in election of the PEC chairman, secretary and deputy pretending to be Nino Veshapidze, a member of the Christian Democratic Movement. According to Tsatsa Archvadze, she knows Nino Veshapidze and is certain that a woman attending the meeting was not her. Representative of the coalition Georgian Dream demanded that the woman present her ID, which she refused to. No one saw the woman after that. Representative of the coalition Georgian Dream enclosed minutes of the first meetings with a different opinion. She also filed a complaint with Mtatsminda DEC, which was never examined as the complaint failed to clearly formulate a request.

Tianeti Meeting of Tianeti District Electoral Commission N19 was held on August 16, 2012, for consideration of applications filed by candidates of the PEC membership. The meeting was attended by all 13 members of the DEC, as well as ISFEDs LTO who observed an incident during the meeting. The DEC was considering applications submitted by 9 candidates for 6 vacant positions of a member of the PEC N16 of Tushurebi village. Two candidates shared the same surname (Lia and Eter Kachlishvili), which confused members of the DEC during voting. A representative of the party Industry Will Save Georgia, Malkhaz Davitashvili proposed to the chairperson to choose a candidate by drawling of lots in districts where applications had been submitted by more than 6 candidates. The DEC chairperson agreed. The following members of Tianeti N19 DEC Iamze Kvnitsashvili, Liana Khomasuridze and Tamar Marauli, in an interview with ISFEDs representative explained that first application submitted for membership of the PEC N16 in Tushurebi belonged to Eter Kachlishvili, whom all thirteen members of the DEC voted for. As for Lia Kachlishvili, she did not receive a single vote.
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At the end of the meeting, Lia Kachlishvili was chosen by Tianeti DEC for the precinct electoral commission N16, which representatives of the Georgian Dream protested against. In handwritten minutes of the meeting, solicited by representative of the party Industry Saves Georgia Malkhaz Davitashvili, it is visible that first letter of the first candidate has been altered i.e. E. Kachlishvili is has been altered into L. Kachlishvili. Correspondingly, the handwritten minutes of the meeting notes that there were two L. Kachlishvilis on the list candidates for membership of the PEC N16, where number one received 13 votes while number eight received none. Corresponding complaint prepared by the DEC members on August 18, 2012, was not examined by Tianeti DEC for a mechanical error in the document. ISFED believes that the mechanical error did not amount to grounds for refusal to examine the complaint.

V.

Pressure/Threats on Alleged Political Grounds

1. Dismissal from work 10

Gurjaani On May 30, 2012, Vano Natsarashvili, a member of the coalition Georgian Dream, who had been working at the security company United Security at Gurjaani Medical Center since April 2012, was fired from work. In an interview with ISFEDs LTO, Vano Natsarashvili noted that prior to his dismissal, at about 3 weeks earlier he was visited by security and police officers, demanding he leave the coalition Georgian Dream. Otherwise, they said they would have him dismissed from work. On May 30, 2012, he received a phone-call telling him that he was dismissed due to staff cuts.

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These facts contained by this report bear signs of a criminal offence, calling for immediate examination and probe by corresponding authorities. Specifically, in several instances signs of actions envisaged by Article 142 of the Criminal Code of Georgia are evident, including violation of equality of humans due to their political affiliation by using official position, which is qualified as a criminal and liable action under Article 142 of the Criminal Code of Georgia;

It is noteworthy that together with Natsarashvili two more employees were dismissed from work but after some time, both were reinstated to their previous positions at work. On June 7, 2012, Vano Natsarashvili requested a copy of the order on his dismissal. Director General of the United Security Alexandre Bibilashvili responded on June 13 saying that Vano Natsarashvili had been dismissed based on subparagraph d, para.1 of Article 37 of the Labor Code due to staff cuts.

Tbilisi/Nadzaladevi On August 9 and 12, 2012, activist of the coalition Georgian Dream Tea Davituliani, was dismissed from two different works. Ms. Davituliani worked as a junior doctor at the tenth branch of ambulance (Mikhailov Hospital) based on a contract agreement, and as an assistant to a family doctor at the clinic New Hospital. Tea Davituliani was hired at the clinic New Hospital based on a competition and had worked there for only three weeks. During her tenure at the clinic she never once received a reproof or any kind of warning. It is peculiar that Tea Davituliani was dismissed from both works after she openly expressed her political beliefs when talking to her co-workers by saying that she is a supporter of the Georgian Dream. On August 9, 2012, manager of the clinic New Hospital, Asmat Topuria summoned her and told her that she should have better taken her child to school rather than to opposition party rallies. This fact suggests that Tea Davitulianis dismissal was politically motivated. Tea Davituliani was dismissed from the ambulance service on August 9, 2012 11. On August 12, 2012, she was also dismissed from the New Hospital for her failure to work with the team.

Dusheti On August 20, 2012, director of Vazha-Pshavela House Museum Lela Razikashvili was dismissed from work. Lela Razikashvili had been working as director of the House Museum since 2006. In 2008 the House Museum was granted the status of a legal entity of public law and Lela Razikashvili

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Tea Davituliani says she was told to go and dream.

was appointed as a director based on the order of the Minister of Culture, Sports and Monuments Protection. Lela Razikashvili never received a rebuke or a warning during her tenure at the House Museum. The order about her dismissal cites the fact that she was not a local resident and visited the museum only on the weekends as grounds for her dismissal. Lela Razikashvili herself believes that her dismissal by the fact that she hosted in the museum Bidzina Ivanishvili and supporters of the Georgian Dream who were attending the public celebration of Vazhaoba on July 14, 2012.

Dedoplistskaro On August 7, 2012, a member of the medical staff of a brigade of Adati Ltd.s emergency service, Eter Chuchulashvili was dismissed by the director on grounds that brother of her spouse Giorgi Nasrashvili is a representative of the Georgian Dreams office. After publicizing of the fact (in around ten days), Eter Chuchulashvili was reinstated to work. ISFEDs LTO verified the incident with director of Adati Ltd Nukri Bagashvili. He director did not confirm the fact and declared that an order about Eter Chuchulashvilis dismissal simply did not exist.

2. Pressure on political grounds

Facts of politically motivated threats/pressure against party activists and citizens below also amount to misuse of administrative resources, as frequently pressure is exerted by abuse of official power. It must be noted that the law on Public Service prohibits a public servant from abusing official power for the benefit of party activities. 12 Zugdidi On August 2, 2012, at around 17:00, the coordinator of the coalition Georgian Dream in the village of Orulu, Emzar Tsaava was visited by an officer of Zugdidi patrol police Irakli Tsaava. According to Emzar Tsaava, Irakli Tsaava locked the door and demanded he explain the reason why he was a member of the opposition, and to stop cooperating with the coalition Georgian Dream.

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See Article 61 of the Law on Public Service

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During the argument, Irakli Tsaava damaged some items in the room and started threatening Emzar Tsaava with a weapon. Later Emzar Tsaava managed to escape from the room and hide. In an interview with ISFEDs LTO, Emzar Tsaava said that he was hiding in nut plants for two hours. As to why he did not call law enforcers, he responded that he did not have his cell-phone with him.

Sighnaghi On August 3, 2012, deputy chairperson of Sakrebulo Kote Janelidze suggested to a Tsnoridweller, Nikoloz Kikilashvili to abandon the coalition Georgian Dream, which the latter refused to. According to Kikilashvili, after two days Kote Janelidze had him sit in his car and took him to a forest park where there Soso Tsitsishvili, head of the regional security service, was waiting. Janelidze and Tsitsishvili were demanding that Kikilashvili leave the country and the coalition Georgian Dream. They were threatening to arrest him and were verbally abusing him. In an interview with ISFEDs LTO, chairperson of Sighnaghi Sakrebulo says that it was a provocation and he does not rule out a possibility that similar facts will occur in the future.

Kaspi On August 2012, father of Levan Taboridze, supporter of the coalition Georgian Dream who currently resides in Belgium, was visited by Malkhaz Barnovi, chief of Shida Kartli regional police, and threatened that his family would lose a house if his son does not come to his senses. 13 Levan Taboridze believes the incident had to do with his active participation in protest rallies held by immigrants e.g. on June 28, 2012, outside the Renaissance Brussels Hotel where President Mikheil Saakashvili was holding a meeting, and on July 15, 2012, outside the EU headquarters.

Ozurgeti
The present fact, in addition to use of administrative resources also shows signs of criminal offences. Specifically, it contains violation of equality of humans due to their political views, by means of using official position, which is qualified as illegal and liable action under Article 142 of the Criminal Code of Georgia, as well as signs of threat envisaged by Article 151 of the Criminal Code.
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According to the report of Guria News, on August 9, 2012, one of the dwellers of the village Tskhemliskhidi, Nugzar Giorgadze who is a supporter of the coalition Georgian Dream, found saplings of a precious Empress Tree that he had planted in his own plot cut down to the ground. Nugzar Giorgadze believes that it was an act of retribution, although he cant specify the person who cut down the saplings. However, in an interview with ISFEDs LTO, he says that the incident happened after he confronted the municipal authorities. Akhaltsikhe On August 12, 2012, at around 16:00, activist of the coalition Georgian Dream, Hasmik Iegyan, together with three other supporters of the coalition was distributing booklets of the coalition Georgian Dream at Iverieli Street in Akhaltsikhe. Suddenly they were approached by Aghasa Irtsyan together with two other individuals accompanying him and identified himself as a police officer. He demanded the activists stop acting in support of the coalition; otherwise, he said he would arrest them 14. Activists of the coalition Georgian Dream girls under the age of 18, got scared and started crying. Iritsyan tore some booklets and forced the girls to take off their shirts. Hasmik Iegyan called her uncle Tigran Grigoryan, who is an activist of the coalition Georgian Dream. Irtsyan left the scene before Grigoryans arrival.

Chokhatauri Several teachers of Chokhatauri School were not going to attend meeting organized by the United National Movement on August 19, 2012. Having learned about their intention, school principal forced them to attend the meeting by threatening with payroll deduction. Identity of the school teachers and the principal is known to ISFED; however, it refrains from publicizing the information for safety concerns.

Dusheti

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This action constitutes disruption of distribution of pre-election slogans and materials, which is qualified as an illegal action under Article 80 of the Criminal Code, and results in imposition of fine in the amount of GEL 1000 on a natural person involved or GEL 2000 on a public servant involved. Therefore, violation of the procedure results in imposition of fine in the amount of GEL 1000. Under Article 93 of the Election Code, corresponding municipal agency is authorized to draw up a record of administrative offence in relation to the violation of the said Article.

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On August 20, 2012, an activist of the coalition Georgian Dream from Dusheti was called up for military service. In an interview with ISFEDs LTO Zura Burduli says that during medical examination chief of the military conscription service Beso undilashvili was telling doctors to write in his medical report that Burduli was fit for military service. According to Zura Burduli, he was found unfit for military service several times before. ISFEDs LTO interviewed Beso Undilashvili who denied any acts of pressure against Zura Burduli, saying that he will be examined by the commission who will decide whether he is fit for military service or not. He also said that everyone should serve compulsory military service despite their party affiliation.

Lagodekhi Dweller of the village of Vardisubani, supporter of the coalition Georgian Dream, Tsitsino Ivanishvili, does not specify a concrete individual in an interview with ISFEDs LTO; however, she alleges that after she started collecting signatures for a petition to grant Georgian citizenship to Bidzina Ivanishvili, municipal authorities started looking into her and her family. Tsitsino Ivanishvili was summoned by the Chamber of Control for questioning. According to her, she has been persecuted, threatened to leave the coalition. According to her, penalty measures are applied against her spouse on a systematic basis. Tsitsino Ivanishvili says that Bidzina Ivanishvili is her relative and she has the right and the obligation to support the coalition Georgian Dream.

Kobuleti Driver of Kobuleti-Zeniti minibus Roin Katamadze was prohibited from working as of August 12, 2012. He was informed about it by head of Kobuleti Trans-Regulation Ltd. Levan Gugunava and his deputy Robert Kakaladze. Roin Katamadze believes that this has to do with the fact that he was transporting supporters of the coalition Georgian Dream for various meetings organized by the coalition. In an interview with ISFEDs LTO, Levan Gugunava and Roberti Kaladze stated that Roin Katamadze was dismissed from work two years ago for violation of contract; nevertheless, he continued to work, refusing to pay taxes, failing to observe the schedule and arguing with other drivers.

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According to Roin Katamadze, he was summoned to the police department of Mukhaestati Village on August 11 for his illegal entrepreneurial work, and demanded to present certain documentation. He presented the documents on August 12 to the police. As Roin Katamadze himself informed ISFEDs observer, all of his documents were valid. He had a certificate issued by Kobuleti Trans Regulation Service Ltd. dated August 12, 2012, which allowed him to continue his work as a driver in his regular mode.

Lanchkhuti On August 8, 2012, there was an assembly held in downtown Lanckhuti for commemorating the August 2008 developments. Participants formed a live chain at 7:30pm. Eka Kvachadze, who was wearing a Georgian Dream t-shirt, expressed her desire to participate in the assembly. Irma Mgeladze, head of Lanchkhuti Municipalitys department for cultural, monuments protection and sports, tried to hinder her participation. ISFEDs LTO contacted Eka Kvachadze who said that she wanted to stand in the live chain but Irma Mgeladze told her youre not on our side and therefore, you dont have the right to stand here. You should go to the Georgian Dream. According to Eka Kvachadze, she told Irma Mgeladze that everyone had the right to participate in the assembly and despite her resistance, she joined the live chain. Eka Kvachadzes mother works at school and Kvachadze is worried that she may face problems. ISFEDs LTO contacted Irma Mgeladze, head of Lanchkhuti Municipalitys department for culture, monuments protection and sports to verify the fact but he refused to comment.

3. Vote Buying
Gurjaani On July 31, 2012, at the Memorial of Praise in Gurjaani, leaders of the Christian Democratic Movement hosted a meal that consisted of barbecue, cucumbers, tomatoes, bread and wine for citizens following a public meeting. The meal was intended for about 1000 people. One of the leaders of the party, Levan Vepkhvadze informed Kakheti Information Center that supporters of the Christian Democratic Movement had collected the food by their own means. According to the Kakheti Information Center, 20 attendees of the meeting interviewed stated that they were invited by party leaders to the table and offered food free of charge.

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Senaki On August 6, 2012, warm clothes and shirts were distributed among the population of Chaladidi Village, Senaki Municipality. According to the village population, the clothes were distributed on behalf of the United National Movement, during the visit of Governor Guram Misabishvili in the village. 15

Dedoplistskaro On August 9, 2012, candidate of the UNM for the position of majoritarian MP for Dedoplistskaro, Zaza Kedelashvili was visiting a citizen, Marina Benashvili. In an interview with ISFEDs LTO, Manana Benashvili said that Kedelashvili promised to cover her costs for apartment registration and help her find a job. Dusheti On August 27, 2012, according to the report of Mtskheta-Mtianeti Information Center, candidate of the UNM for the position of majoritarian MP in Dusheti Electoral District, Zurab Otiashvili gave GEL 500 to one of the voters on August 25, during a celebration of Vazhaoba. According to the journalist, the fact is confirmed by Zurab Otiashvili himself, the person who received the money and several witnesses. 16In relation to the fact ISFED released a statement on August 29, 2012, calling upon the law enforcement officers to examine whether there are signs of criminal offence in actions of Zurab Otiashvili. 1718

http://info9.ge/?l=G&m=1000&id=2509 http://www.icmm.ge/ka/site/articles/2376/%E1%83%90%E1%83%9B%E1%83%9D%E1%83%9B%E1%83%A 0%E1%83%A9%E1%83%94%E1%83%95%E1%83%9A%E1%83%98%E1%83%A1%E1%83%9B%E1%83%9D%E1%83%A1%E1%83%A7%E1%83%98%E1%83%93%E1%83%95%E1%83%90%E1%83%93%E1%83%94%E1%83%9E%E1%83%A3%E1%83%A2%E1%83%90%E1%83%A2%E1%83%9D% E1%83%91%E1%83%98%E1%83%A1%E1%83%99%E1%83%90%E1%83%9C%E1%83%93%E1%83%98%E1%83%93%E1%83%90%E1%83%A2%E 1%83%98%E1%83%A1%E1%83%9B%E1%83%AE%E1%83%A0%E1%83%98%E1%83%93%E1%83%90%E1%83%9C.htm 17 See ISFEDs statement at www.isfed.ge 18 Although Zurab Otiashvili was presented by the party as the candidate for the position of majoritarian MP in Dusheti Municipality, the UNM did not register him as an official candidate;
15 16

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4. Interference with political work 19

Facts of interference with political work featured in the present report also bear signs of criminal offence envisaged by Article 166 of the Criminal Code of Georgia violent interference with the work of political unions, threat of violence or abuse of official capacity.

Poti On August 3, 2012, at 12:30 pm, representatives of the coalition Georgian Dream were distributing newspapers and letters of invitation at Agmashenebeli Street in Poti. UNMs activist Irakli Nachkebia approached to them, took away their newspapers, tore them and threw them into the face of the coalitions representatives. 20 Several minutes after the incident, a vehicle with license plates CJC 251 started following activists of the Georgian Dream. The driver started addressing the young men with obscene language. ISFEDs LTO verified the information with the UNMs representative Irakli Nachkebia and the latter confirmed the fact, saying that he did take newspapers away from activists of the Georgian Dream and express disapproval of the jobs done by the Russian money. He also confirmed that he tore the newspapers and the invitation letters apart but rejected any confrontation and use of obscene language or following by a car. Kobuleti On August 3, 2012, activists of the coalition Georgian Dream Anzor Inaishvili, Zviad Tsivadze and Vazha Tsetskhaldze were putting up posters on outdoor lighting posts in Daba Chakvi, informing about an assembly to be held on August 5, when they were approached by a representative of Chakvi administrative unit and forbade them from putting
In parallel to electoral processes entering their active phase, the trend of individuals with different political beliefs and opinions attending public meetings held by the coalition Georgian Dream was revealed, including Gamgebelis, public servants and trustees of different communities or territorial agencies. Local self-government officials were particularly active in terms of interference with the political activities. They also pressured local population. 20 This action constitutes disruption of distribution of pre-election slogans and materials, which is qualified as an illegal action under Article 80 of the Criminal Code, and results in imposition of fine in the amount of GEL 1000 on a natural person involved or GEL 2000 on a public servant involved. Therefore, violation of the procedure results in imposition of fine in the amount of GEL 1000. Under Article 93 of the Election Code, Poti Self-Government Agencyes are authorized to draw up a record of administrative offence in relation to the violation of the said Article.
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up the posters. Activists stopped working. ISFEDs LTO contacted Achiko Dumbadze, head of Kobuleti Municipality Supervising Service, who confirmed the incident and said that within no later than 10 days after scheduling elections, the municipality was going to designate places where all interested parties would be able to put up election posters. ISFED believes that pursuant to the Election Code, activists of the Georgian Dream had the right to put up agitation materials on lighting posts, as places designated by municipal authorities are not the only place where posting of agitation materials is allowed. Further, the Code does not prohibit putting up agitation materials on a lighting post. Therefore, Chakvi Administrative Units representative acted illegally under Article 80 of the Election Code interference with spread of electoral slogans and materials, punishable by fine ranging from GEL 1000 to 2000.

Telavi On August 17, 2012, the Georgian Dream coalition activists Nino Samkharadze, Natia Tsitelauri, Nazi Tsitelauri, Eka Lobjanidze and Robiko Javakhishvili were putting up information posters outside the offices of Tsinandali Gamgeoba, where the law does not prohibit putting up of posters. The posters said damage has not been compensated. Village trustee Archil Meguntishvili got in the way of their work. He told them in a loud voice to tear down the posters they had put up and leave the territory. In an interview with ISFEDs LTO Archil Megutnishvili refrained from making a comment about the incident. 21

Kazbegi On August 7, 2012, agitation material put up by the coalition Georgian Dream was defaced someone wrote over number five in red paint. Later it turned out that the materials were painted over by an employee of Kazbegi Municipality, Gia Khutsishvili. 22

This action constitutes disruption of distribution of pre-election slogans and materials, which is qualified as an illegal action under Article 80 of the Criminal Code, and results in imposition of fine in the amount of GEL 1000. 22 http://icmm.ge/ka/site/news/2233/%E1%83%A7%E1%83%90%E1%83%96%E1%83%91%E1%83%94%E1%8 3%92%E1%83%A8%E1%83%98%E2%80%9E%E1%83%A5%E1%83%90%E1%83%A0%E1%83%97%E1%83%A3%E1%83%9A%E1%83%98%E1%83%9D%E1%83%AA%E1%83%9C%E1%83%94%E1%83%91%E1%83%98%E1%83%A1%E2%80%9C%E1%83%9E%E1%83%9A%E1%83%90%E1%83%99%E1%83%90%E1%83%A2%E1%83%94%E1%83%91%E
21

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Khulo The Georgian Dream had scheduled a meeting with voters in resort of Beshumi on August 5, 2012, which coincided with a traditional celebration of shuamtoba. Shuamtoba is held annually, on the first weekend of August in high-mountainous regions of Adjara and is distinguished by various entertainment and sports events. A concert was held in frames of the celebrations in Beshumi on August 5, 2012, which was attended by President Saakashvili. Later he delivered a public speech. Leader of the coalition Georgian Dream arrived in Beshumi during the concert. He was seeking to meet the population assembled at the concert but activists of the UNM blocked his way and did not allow him to continue going towards the scene. There was a clash and facts of interference with journalistic reporting. Video footage and interviews with bystanders suggested that UNMs activists who did not allow the leader of the Georgian Dream to meet with the population were not locals. As Bidzina Ivanishvili was not allowed to meet with the population, supporters of the coalition Georgian Dream and their leaders soon left the scene.

Akhaltsikhe On August 9, 2012, monitors of the Georgian Dreams voter list verification project doorto-door campaign, Natia Bekturashvili and Darejan Inasaridze were verifying voter lists in the village of Klde. Dweller of the village of Klde, the UNMs supporter, Jaba Kurtanidze together with accompanying individuals stopped the monitors on their way and told them to go back as Klde was the village of the UNM and that they would not receive a single vote from the village. Monitors wanted to continue verifying voter lists but these individuals started following them. After the incident all families visited by the monitors refused to cooperate for verification. 23

1%83%A1-5-%E2%80%93-%E1%83%98%E1%83%90%E1%83%9C%E1%83%98%E1%83%92%E1%83%90%E1%83%93%E1%83%90%E1%83%90%E1%83%AC%E1%83%94%E1%83%A0% E1%83%94%E1%83%A1.htm 23Jaba Kurtanidzes action amounts to disruption of the work of an election subjects representative violation of Article 91 of the Election Code, and results in imposition of fine in the amount oof GEL 500. Under Article

18

Gurjaani On August 9, 2012, at 16:00, the Georgian Dreams candidate for the position of majoritarian MP in district of Gurjaani, Manana Verikashvili was holding a pre-election meeting with voters. Several minutes after start of the meeting, an employee of Gurjaani Gamgeoba Social Service, Eka Nakevkhishvili arrived at the scene with five other women. During the meeting these women were openly saying how grateful they were for Giorgi Ghviniashvili. They were expressing their views loudly. It seemed that they were trying to disrupt the meeting. Eka Nakevkhishvili was constantly talking on the phone and giving instructions to accompanying women. In around 20 minutes, Nakevkhishvili and the other women left the scene.

Sagarejo On August 17, 2012, in the village of Iormungalo near a market, candidate of the coalition Georgian Dream for the position of majoritarian MP for Sagarejo, Tina Khidashvili, was holding a meeting with voters when local authorities arrived and tried to disrupt the meeting. Later the meeting grew into a clash between supporters of the coalition Georgian Dream and representatives of the municipal authorities, and interference with journalistic reporting. 24 These are the following individuals who were actively involved in the physical clash: Gamgebeli of the village of Duzagrami Mukhtar Ismaylov; member of Sakrebulo of Tulari Village Vekil Vekilov; niece of Tavtukh Kachiev, Gamgebeli of Keshalo Village 25 and an employee of Gamgeoba, previously convicted Ilgar Gajyev 26. Although public servants opposing the coalition Georgian Dream were also involved in the fight, following the incident the police detained only members of the Georgian Dreams office Mubariz Mamedov and Natik Rasulov. It is noteworthy that they deem themselves to be the victims.

93-2 of the Election Code, corresponding record of violation is drawn up by the CEC or an authorized individual of a corresponding DEC. 24 http://www.youtube.com/watch?v=-rfZWGY8BeE&feature=player_embedded 25 The action perpetrated by public servants violates Article 166 of the Criminal Code of Georgia disruption of political work. The action also shows signs of hooliganism. The incident amounts to misuse of administrative resources and violates Article 61 of the Law on Civil Service; 26http://ick.ge/ka/articles/11994-2012-08-20-07-44-03.html

19

The detainees were transferred to Sighnaghi pre-trial isolator the same day. Lawyer Tengiz Bezhashvili, who is defending interests of the detainees, says that he was not allowed to meet with the detainees in the isolator. Although the lawyer presented his order of defense, he was not allowed into the police department and told that the detainees had already been questions and his presence was uncalled for. The detainees were soon transferred to Sagarejo police. The court sentenced both detainees to 15 days of administrative imprisonment. On August 17, Tinatin Khidasheli filed a complaint against Gamgebeli of Duzgarama village in the police department of Iormughanlo Villag, alleging interference with pre-election campaigning. According to Khidasheli, she also submitted a video footage showing the incident to the IATF. 27

5. Physical Assault/Violence on Political Grounds

Kobuleti On August 2, 2012, in second half of the day, activists of the coalition Georgian Dream Salome Beridze, Giorgi Akhvlediani, Meri Totogashvili and Vazha Tsetskhladze were distributing newspapers of the coalition Georgian Dream and invitation cards for attending an assembly scheduled to be held in Batumi on August 5. As Zviad Tikhlaishvili, head of Kobuleti steering group of the coalition informed ISFEDs LTO, dwellers of Tsetskhlauri Village started throwing rocks at them, damaging their cellphones and a car which they drove. Zviad Tkhilaishvili and other members of the coalition arrived at the scene of the incident immediately, diffused the situation and ensured safe transportation of activists. Akhaltsikhe On August 12, 2012, at around 21:30, activist of the coalition Georgian Dream Tigran Grigoryan was walking in a square in downtown Akhaltsikhe with his spouse and a two-year old child, when suddenly he was summoned by his neighbor Agasa Iritsyan who asked him about the reason he was a member of the coalition Georgian Dream, why wasnt he wearing

On August 28, 2012, Tinatin Khidasheli was questioned by Sagarejo Police. She testified in relation to the incident of Iormungalo Village which she demanded investigation for.
27

20

a shirt with number 5 on it and verbally abused him. Afterward, Iritsyan punched him in his chest and threatened with physical assault.28 Tigran Gregoryan went to a nearby office of the coalition Georgian Dream with his wife and his child and informed the emergency service about the incident. Afterwards, he visited the district police department and filed a statement. It is noteworthy that individuals accompanying Iritsyan Erekle Ereklishvili and a driver, witnessed the developments.

Samtredia On August 18, 2012, Kakha Kaladze, the coalition Georgian Dreams candidate for the position of majoritarian MP was having a meeting with population in Samtredia Municipality, village of Gomi. During the meeting he presented before Gomi community Avtandil Tevzadze as representative of the coalition Georgian Dream. Avtandil Tevzadze previously served as a majoritarian MP for Samtredia. Appearance of Avtandil Tevzadze triggered aggression at the meeting. Some were criticizing him for being a member of the Georgian Dream when he was asking for support of the United National Movement just yesterday. It was followed by a clash and grew into an intense fight between the young men. As the situation got tenser, elder men started getting involved in the fight. Witnesses informed ISFEDs LTO that there were three black SUVs with tinted windows at the assembly and people inside them were watching the meeting closely. Participants of the meeting thought they were policemen; however, they did not react to the developments. 29

Rustavi On August 19, 2012, following an assembly held by the coalition Georgian Dream, member of the coalitions steering group Gia Bezhashvili was on his way when young men in a minibus wearing the Georgian Dreams agitation shirts forced him into the minibus, took

28 29

The action shows signs of hooliganism envisaged by Article 239 of the Criminal Code of Georgia; http://www.youtube.com/watch?v=cxPvoBOucRc

21

him outside the city and beat him up. The victim reported the incident to Rustavi Patrol Police. 30

6. Fine/Administrative Measures Applied against Political Activists

Shuakhevi On August 5, 2012, representative of the coalition Georgian Dreams youth group Giorgi Khurtsidze was arrested by the police. Initially his whereabouts were unknown for the party. As it turned out later, he was held at Shuakhevi police department for questioning. The arrest was related to an incident that occurred on August 4, a day before, in the village of Khichauri, when Giorgi Khurtsidze with his fellow team-mates found equipment for interception of communication in the vehicle of one of the members of the Georgian Dreams youth group Irakli Doborjginidze. Head of the Georgian Dreams office in Shuakhevi, Nodar Kartsivadze stated that he inspected the car as he had suspicions after Irakli Doborjginidze started asking members of the youth group whether they smoked marijuana, whether they were paid for working for the party, etc. In an interview with ISFEDs LTO, Nodar Kartsivadze said that after finding the equipment, Irakli Doborjginidze confessed to the police that that he had bought the equipment himself, for personal safety reasons and installed it in his car. He also said that Irakli Doborjginidze was accusing the detainee of illegally taking possession of his property the equipment for interception of communication. Giorgi Khurtsidze was arrested the following day, on August 5 in Batumi. The very same day member of the youth group Giorgi Oboladze was also detained in Tkibuli, Dato Kublashvili in Tbilisi. According to the detainees lawyer, Irakli Shavadze, all three of them were questioned as witnesses in relation to a case involving theft and illegal deprivation of liberty, and released soon after the questioning.

Vake On August 12, 2012, member of the Georgian Dreams youth group Giorgi Ebralidze was driving in a cab when law enforcement officers forced him out of the vehicle and took him to the police department. Giorgi Ebralidze talked to ISFEDs LTO about the incident. According to him, when the cab stopped for a traffic light, men dressed in civilian clothes approached it, opened the door and

30

http://info9.ge/?l=G&m=1000&id=2975-

22

asked Ebralidze to get off the vehicle. They presented employee cards confirming that they were officers of the Interior Ministry and asked him to follow them. The police officers took Ebralidze to the police department N1 in HYUNDAI TUCSON, where he was interviewed first by deputy chief of the department and later by the chief of the department. At the department he was asked about the place of his employment to which Giorgi Ebralidze responded that he works at the coalition Georgian Dream. Later he was asked whether he was paid or not for the work that he dead for the coalition. After the interview he was taken for a drug test and after the drug test he was released.

Khoni On August 21, 2012, two activists of the coalition Georgian Dream Soso Sulava and Koba Kublashvili visited Roman Liparteliani, director of Khoni Municipality Cemetary Logistical Service, Roman Liparteliani, recalled him from his office and demanded that he stop intimidating voters. 31 The same day, Roman Soso Sulava and Koba Kublashvili were detained on charges of petty hooliganism under Article 166 of the Code of Administrative Offences, based on the application filed by Roin Liparteliani. According to the record of offence, on August 20, 2012, at around 15:00, activists of the Georgian Dream Ioseb Sulava and Koba Kublashvili visited the administrative office of Municipality Cemetery Logistical Service in Khoni located at 3 Mose Khoneli Street, where they verbally insulted head of the service Roman Liparteliani in presence of his fellowworkers by using bad language and threatening to break his knees. They demanded that he stop supporting the UNM. The court found both guilty of administrative offence and sentenced them to 70 days of imprisonment. Activists of the coalition Georgian Dream are categorically denied the allegations about abuse and making threats and plead not guilty. They believe that this has to do with the fact that several days before the incident Levan Bobokhidze, brother of MP Akaki Bobokhidze from Khoni told them youre not going to have the pleasure of elections.

Rustavi

31

Khoni office of the coalition Georgian Dream had received reports about Roman Liparteliani prohibiting citizens from attending the coalitions meetings;

23

On August 19, 2012, lawyer Kakha Mumladze was attending an assembly held by the coalition Georgian Dream. After the rain started falling, Kakhaber Mumladze and his friend went in the restraurant El Depo at Shartava Square. Later three young men entered the restraurant. One of them, Azar Mamedov was wearing the UNMs agitation shirt. In an interview with ISFEDs LTO, Kakha Mumladzes lawyer Irakli Gabrichidze said that Azar Mamedov was acting in an aggressive manner, rudely telling the personnel: cant you see who I am? You need to hurry up, and was pointing to his shirt. Kakha Mumladze suggested he act politely, take off the shirt and come back to the restaurant without it. Later the patrol police detained Kakhaber Mumladze and court sentenced him to 90 days of imprisonment on charges of hooliganism under Article 166 of the Code of Administrative Offences. After his detention, Kakha Mumladze started a hunger strike, as he says that he is subject to inhuman treatment. As lawyer Irakli Gabrichidze stated, they appealed the decision of Rustavi Court and therefore, they plan to apply to the European Court of Human Rights in the nearest future.

Bolnisi On August 22, 2012, members of the coalition Georgian Dream held an assembly outside Bolnisi court to protest detention of their supporter Noe Akhashvili. The police detained supporter of the coalition Georgian Dream Noe Akhashvili charged under Articles 166 and 173 of the Code of Administrative Offences petty hooliganism and resistance to orders of a law enforcement officer. Novik Akhashvili was detained by law enforcers with his son, around 22:00 without any explanation. 32 The trial was held on August 22, 2012. Akhashvili was sentenced to 85-day imprisonment as he was found guilty of offence envisaged by Articles 166 and 173 of the Code of Administrative Offences. Supporters of the coalition Georgian Dream believe that the fact had to do with political activities of Novik Akhashvili. 33

32 33

http://www.youtube.com/watch?v=qskeNyQgfMw http://www.youtube.com/watch?v=qskeNyQgfMw

24

VI.

Interference with the work of NGO

On August 17, 2012, ISFEDs LTO in Oni Municipality was contacted by an individual from a cell-phone number 577 5569 25, who identified himself as an officer of the Constitutional Security Service, Davit Basilashvili and told her that there was an agreement under which representatives of NGOs should selected monitors for the Election Day in cooperation with them. Therefore, he offered that she consider candidates for the position of six monitors.

Terjola On August 22, 2012, activist of ISFEDs Terjola District LTO, Natia Dadunashvili of the village of Ghvankiti, who was actively working with ISFEDs LTO, was summoned by the village trustee Mirian Robakidze and suggested that for future employment and prospects, the position of their monitor was better than ISFEDs. The following day specialist of the village trustee, Dadu Amiranashvili, offered Natia Dadunashvili GEL 200 in return for help in distribution of a program for animal vaccination in the village. The activist refused to cooperate with ISFED several days after.

Khobi On August 25, 2012, ISFEDs LTO requested access to public information from Khobi N66 District Election Commission in frames of the monitoring mission. Chairperson of the DEC Mindia Lomaia informed ISFEDs LTO that the request was nothing more than the monitors whim. Further, despite a number of requests, the monitor was provided with the bank account information for depositing the fee for making a copy of public information. Therefore, the monitor could not receive the information in a timely manner.

Tbilisi Starting from April 2012, ISFED has been requesting access to various types of public information from local self-governments in frames of its long-term monitoring mission, by means of which it monitors budgetary funds and social projects. The monitoring revealed problems in access to public information throughout Tbilisi. More specifically, the method frequently practiced by Tbilisi City Hall, Sakrebulo and Gamgeobas with regard to release of public information is referral of applicants to Tbilisi City Halls website www.tbilisi.gov.ge, which frequently does not contain the information requested by monitors in written.
25

VII.
Khulo

Interference with and Obstruction of Journalistic Work 34

President Saakashvili and leader of the coalition Georgian Dream, Bidzina Ivanishvili were both in resort of Beshumi, Khulo District, at the time of public celebration Shuamtoba on August 2, 2012. During a clash between their supporters, correspondent of Channel 9 Natia Rokva was physically assaulted. As the journalist noted in an interview with ISFEDs LTO, she turned to the patrol officers standing nearby for help but they ignored her request. 35 The footage shows a man who assaulted the journalist but he remains unidentified. According to correspondent of Maestro TV Sopo Zhghenti, the very same day supporters of the UNM wearing the UNMs shirts hit her with a hand when she was preparing a material about Bidzina Ivanishvilis meeting with voters in the resort of Beshumi, and started moving towards the camera. The journalist turned to a police officer standing nearby but her claim was ignored. In an interview with ISFEDs LTO, journalist of Maestro TV Sopo Zhgenti said that during the incident in Beshumi supporters of the coalition Georgian TV were aggressive towards Real TV Company and interfered in their work.

Batumi On August2, 2012, at the Piazza Square in Batumi, Presidents security officer had a reporter of Batumelebi newspaper, Manana Kveliashvili, delete the photos she had taken during a concert of Valeri Meladze. These were photos of the president and chairman of the Government of Adjara Levan Varshalomidze. In an interview with ISFEDs LTO, Manana Kveliashvili stated that after she finished taking photos, she was approached by a man dressed in black who introduced himself as a representative of the presidents security service and demanded she delete the photos. When she asked about the reason why, he never responded. According to Manana Kveliashvili, she was standing far away from people and therefore, she could not resist and deleted the photos.

The facts below show signs of crime envisaged by Article 154 of the Criminal Code of Georgia disruption of journalistic reporting; 35http://www.youtube.com/watch?v=Dxn5rMxZJ7Y&feature=share
34

26

Gori On August 8, 2012, camera crew of Maestro TV was preparing a report about people displaced following the Russia-Georgia war in Khurvaleti Settlement in Gori. Some locals were aggressive towards journalist Tamta Gazashvili and did not allow her to record on camera. Some of them told her that only the foremen had the right to talk to them. One of the foremen told the journalist that they were the ones controlling the situation in the settlement. Eventually, a group of citizens started throwing rocks at the journalist and forced her to leave the territory 36.

Chokhatauri On August 9, 2012, President Saakashvili was meeting local population in the resort of Bakhmaro, Guria. As reported by Guria News, certain journalists were not allowed to attend the meeting and Natia Bandzeladze, head of the presidents press service told journalists that they could attend the meeting only following accreditation. 37 As reported by Guria News, during the presidents visit in Bakhmaro press-zone was not prepared despite the fact that he presidents administration undertook this commitment during a meeting with the IATF and journalists.

Marneuli On August 23, 2012, the coalition Georgian Dreams office in Marneuli was informed that a fire had started in the village of Khikhani but the rescue service ignored their calls. Lia Tushuri, head of the coalitions office in Marneuli called the fire station and asked for assistance. She herself left for the village Khikhani together with other members of the party. At their arrival in the village, several police crews and Gamgebeli also arrived. A brother of Gamgebeli Tengiz Jaiani, Davit Jaiani was intimidated by camera crews and verbally insulted Lia Tushuri, as well as journalists of Info 9. He broke their camera. The police did not react to the fact. The incident has been video-recorded and there is a corresponding footage. 38

http://www.youtube.com/watch?v=kpmpmRK8ZBQ&feature=player_embedded#! http://gurianews.com/index.php?option=com_content&view=article&id=5109:2012-08-19-06-4407&catid=66:2010-11-25-16-47-31&Itemid=111
36 37 38

http://info9.ge/?l=G&m=1000&id=3160

27

Gurjaani On August 16, 2012, journalist of Gurjaani Information Center Natalia Sarkisashvili was involved in an incident in the village of Velistsikhe while working. The journalist was interviewing the population affected by a natural disaster in the village of Velistsikhe, who had not received compensation for the damage. Suddenly she was approached by an employee of Gurjaani water supply company and the UNMs supporter Guram Gurgenashvili who demanded the journalist present her ID card and strictly warned her to stop recording. Nevertheless, Natalia Sarkisashvili continued to interviewing the population. Guram Gurgenishvili got intimidated and started obstructing the work of the journalist in an aggressive manner. He was hitting her in her hands and did not allow her to continue working freely. In an interview with ISFEDs LTO Guram Gurgenashvili explained his actions by saying that he did not want to be captured by the journalist and therefore, he was intimidated. Natalia Sarkisashvilis version of the incident is completely different. According to her, she was not aiming at capturing any concrete individual, let alone Guram Gurgenishvili. To the contrary, Gurgenishvili was following her and did not allow the journalist who was already in the car to talk on the phone. 39

Lanchkhuti On August 15, 2012, at 19:00, civil servant were getting on mini busses outside the offices of Lanckkhuti Municipality Gamgeoba. Journalist of Info 9 Nino Kheladze and a cameraman Davit Chavlelishvili were filming the fact. One of the young men approached to the minibus and demanded the journalist take away her microphone. He threw a punch at the cameraman who suffered damage in his head and face as a result. The bleeding cameraman was immediately taken to the hospital where he received a first aid. As to the unidentified man, he was taken away from the scene by employees of the municipality. Media outlets identified him as Zurab Kvirkvelia a spouse of Nato Nutsubidze, a secretary of former Gamgebeli and current candidate for the position of MP, Gia Goguadze. The law enforcement authorities questioned Nino Kheladze and Davit Chavleishvili the very same evening. ISFEDs LTO contacted the victim who confirmed the fact. Currently his health status is satisfactory but he is still unable to work. It has been reported that Z. Kvirkvelia was sentenced to 20 days of imprisonment as administrative punishment.

39

http://ick.ge/ka/articles/11988-----n2.html

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Sagarejo Candidate of the coalition Georgian Dream for the position of majoritarian MP, Tina Khidasheli was holding a meeting with voters outside a market in the village of Iormungalo on August 17, 2012. At the meeting representatives of the municipal authorities appeared, attempting to disrupt the meeting. The meeting later grew into a clash between supporters of the coalition Georgian Dream and representatives of the local authorities, as well as into hindering of journalistic reporting. 40 As instructed by Mehidkhan Vekilov, son of Tulari Sakrebulos member Vekil Vekilov, several young men grabbed a whole pack of newspapers to prevent them from distributing. After the meeting, representatives of the local authorities physically insulted a journalist of Info 9, Giorgi Nanuashvili and damaged his camera. The following individuals were actively involved in the clash Alakhiar Abdulaev, Gamgebeli of the village of Lambalo; Vekil Vekilov, member of Sakrebulo of the village of Tulari; niece of Gamgebeli of Keshalo Village Tavtukh Kachiev and an employee of Gamgeoba 41 , previously convicted Ilgar Gajyev, who was trying to break a camera into pieces 42.

http://www.youtube.com/watch?v=-rfZWGY8BeE&feature=player_embedded The action perpetrated by public servants violated Article 166 of the Criminal Code of Georgia. The case involves disruption of the political work; also, there are signs of hooliganism. The incident also amounts to misuse of administrative resources and gross violation of Article 61 of the Law on Public Service; 42http://www.youtube.com/watch?v=-rfZWGY8BeE&feature=related
40 41

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VIII. Misuse of Administrative Resources

Dusheti On August 27, 2012, ISFED learned that welfare assistance was terminated for two families living in Dusheti in August 2012, based on alleged political grounds 43. Welfare assistance was terminated for the families of Vakhtang Mighdiseli and Kaba Karchaidze. Both believe that ithad to do with the fact that they support the coalition Georgian Dream. Head of the social service, Lasha Janiashvili informed ISFEDs LTO that these families were verified based on the report they had received. The assistance has been terminated for both families. The declaration filled out by the social agent was sent to the central office in Tbilisi, where the families received scores according to a special program. When verifying the fact, ISFEDs LTO was informed by members of the families of Migdiseli and Karchaidze that a social agent visited them on August 9 and recorded information about vehicles which are not the property of their families.

Chokhatauri On August 19, 2012, President Saakshvili was holding a meeting with the population in ther esort of Bakhmaro, Guria. Footage released by Guria News shows police officers distributing the UNMs agitation shirts among the population. 44 They were also receiving instructions about distribution of agitation shirts.

Keda The program for free of charge registration of agricultural land plots in Keda is ongoing, covering several communities of Keda Municipality. The program was launched in July 2012
The fact is in conflict with the recommendation issued by the IATF on June 13, 2012, saying that during the pre-election period the Ministry of Labor, Health and Social Affairs should terminate revision of social and economic condition of citizens registered in its welfare assistance database. The recommendation is available at: http://www.nsc.gov.ge/geo/elections2012.php?typ=1#start
43 44

http://gurianews.com/index.php?option=com_seyret&Itemid=189&task=videodirectlink&id=229

http://gurianews.com/index.php?option=com_content&view=article&id=5112:2012-08-19-09-0433&catid=74:2010-11-26-08-07-22&Itemid=125

30

and it envisages free of charge registration of agricultural land plots, cost of which was GEL 51 prior to launch of the program.

Kazbegi Free of charge legalization of ownership of homestead land plots is ongoing in Kazbegi, usual cost of which was GEL 51. Those seeking legalization of ownership of land pay fees for survey drawings.

Lachkhuti On August 13, 2012, the presidential program Smiley Georgia was launched in the village of Supsa, Lanchkhuti Municipality. Two busses with corresponding captions on them are parked in downtown Supsa and provide dental service only for the population of Supsa community. ISFEDs LTO interviewed patients and learned that dental service, and specifically orthopedic and surgical assistance is provided only to people in a certain age group (age 50 or more) free of charge. The program is two-week long.

Ambrolauri On August 22, 2012, Gamgebeli of the village Khvanchkara Levan Metonidze contacted representatives of the Christian Democratic Movement Vepkhia Vatsadze and Aleko Gventsadze, and supporter of the coalition Georgian Dream Rostom Vatsadze, demanding their ID cards in order to help them get jobs announced by the Ministry of Employment. In several days they appeared in Ambrolauri Office of the Ministry of Social Affairs. Vepkhia Vatsadze and Aleko Gvenetadze signed two-month contracts. They cant specify names of their jobs. Only thing that they know is that they have to survey citizens by means of a questionnaire.

Chokhatauri Presidents meeting with the population Guria is planned to be held in the city of Ozurgeti, Guria, in September 2012. According to one of the village trustees in Chokhatauri Municipality, under instructions received from the chairperson of Chokhatauri Municipality
31

Gamgeoba and Gamgebeli, they have to mobilize groups of at least 1000 men and transport them for attending the meeting. The report was confirmed by a citizen, Kakha Mdinaradze.

Chiatura In early August 2012, sacks filled with different products flour, oil, sugar, were placed on the territory of the central stadium and Chiatura Municipality Gamgeoba. Later the products were distributed among the population of several villages of Chiatura Municipality. On August 4, 2012, the product was distributed among the population of Perevi Village as well, accompanied by Chiatura Gamgebeli Prokof Chikviladze. On August 6, Deputy Gamgebeli of Chiatura, Zurab Ketiladze was in the village of Tsirkvali during distribution of the products. Population of villages of Zodi and Gezruli also received the food-stuff. Part of the population who did not receive the food-stuff believe that beneficiaries were selected based on their political affiliation. ISFED is unaware of any lists or principles that served as the basis for distribution of products. Local self-government officials say that the assistance was distributed among the population affected by an earthquake in 1991.

IX.

Meetings Organized by Political Parties

Political parties, municipal and central authorities held meetings with public for discussion of various topics throughout different cities and municipalities of Georgia. In frequent cases ISFEDs LTOs personally attended and reported on meetings organized by political parties. As the pre-election campaign officially began on August 1, 2012, number of meetings organized by political parties increased significantly. In addition to the UNM, the coalition Georgian Dream and the political union New Rights as well as the Christian Democratic Movement were predominantly active in holding meetings with population. It is further noteworthy that Tbilisi and the region of Imereti were particularly active in terms of number of public meetings hosted.
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ISFED has observed total of 643 public meetings held during the period of August 1 26 throughout Georgia. This report contains only those public meetings held by political parties, which ISFED learned about from information received from parties themselves and/or ISFEDs long-term observers who personally monitored the meetings. The chart below illustrates number of pre-election public meetings registered by ISFED according to individual regions.
Tbilisi Imereti Kakheti Racha-Lechkhumi Kvemo Kartli Mtskheta-Mtianeti Adjara Shida Kartli Samegrelo Samtskhe-Javakheti Guria Svaneti
15 20 27 34 30 42 40 50 59 80 101 127

20

40

60

80

100

120

140

Below is the information that we have about meetings held by political parties and promises made to the population during these meetings.

United National Movement Throughout different regions, self-governing cities or municipalities, different officials including President Saakashvili, Speaker of Parliament Davit Bakradze and corresponding Governors, City Mayors/Municipality Gamgebelis as well as heads of the UNMs local offices actively met with population and inquired about local problems.

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We have registered total of 182 meetings 45 held by the UNM from August 1 to August 27, including

Imereti Kakheti Kvemo Kartli Mtskheta-Mtianeti Racha-Lechkhumi Shida Kartli Tbilisi Guria Adjara Samegrelo Samtskhe-Javakheti Svaneti

41 24 21 20 20 15 11 8 8 7 5 5

10

15

20

25

30

35

40

45

Promises made: at public meetings monitored by ISFED, members/leaders of the UNM voiced the following promises: Tackling unemployment; Raising pensions, availability of insurance packages and employment; GEL 1000 worth of vouchers for every family, which they will be able to use throughout the period of four years; Improving health system; Simplifying use of health policies; Strengthening agriculture; Reducing prices of medication; Registration of the unemployed; Improving infrastructure and continuing the work in this field;

ISFED received information about public meetings and promises made during these meetings from LTOs or activists of the organization who personally attended these meetings and met with participants; 45 ISFED received additional information about meetings held by the United National Movement after these meetings were finished. Therefore, the information could not be fully incorporated in the analysis of public meetings registered by us. It was impossible to attend every meeting due to the fact that we received information about the UNMs meetings post factum. According to the information provided by the UNM, there were total of 884 public meetings held by the party during the reporting period;
45

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Health insurance for all; Tackling the problem of water, gas and roads in all villages; Improving transportation roads; Complete mechanization of agriculture; Free insurance for 2 500 000 people.

Coalition Georgian Dream Throughout various regions of Georgia, the coalition Georgian Dream was presenting candidates for the position of majoritarian MP for the 2012 parliamentary elections. In parallel, it was holding meetings with voters. ISFED has registered total of 376 public meetings from August 1 to August 26, including:
100

Imereti Racha-Lechkhumi Adjara Samtskhe-Javakheti Guria Svaneti

6 9 11 26 23 21 19 16 38

55 52

20

40

60

80

100

120

Promises made: at public meetings monitored by ISFED, members/leaders of the coalition Georgian Dream voiced the following promises Tackling unemployment; Raising pensions from GEL 220 to GEL 240; Reducing utility bills; Media transparency; Reducing prices of medication and food-stuff; Establishing one-billion fund for rural development; Tackling social problems; Availability of low interest-rate loans;
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Providing maximum of GEL 30 000 loan for the period of 30 years; Legalizing ownership of living spaces; Improving legislation about high-mountainous regions; Improving education and making it accessible; Increasing number of jobs. Political Union New Rights Leaders of the political union New Rights held meetings with citizens in various regions of Georgia. At the meetings representatives of the political party inquired about local problems and introduced action plans of the party. ISFED has registered total of 31 public meetings held by the New Rights from August 1 to August 26, including

Shida Kartli Samtskhe-Javakheti Svaneti Imereti Adjara Kakhet Kvemo Kartli Samegrelo Guria 0

1
2

3 3 3 3 3 3

10

10

12

Promises made: at public meetings monitored by ISFED, members/leaders of the New Rights voiced the following promises: Improving rural programs; Decreasing prices of medication, fuel and food; Tackling the problem of local roads in the villages/paving driveways, which households can pay for by installments; Tackling the problem of drinking water; Tackling the issue of monopolized market.

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Christian-Democratic Movement We have registered total of 34 public meetings held by the Christian-Democratic Movement, including Number of meetings
Tbilisi Mtskheta-Mtianeti Adjara Imereti Racha-Lechkhumi Svaneti Kakheti

10

15

20

Promises made: at public meetings monitored by ISFED, members/leaders of the coalition Christian Democratic Movement voiced the following promises

Development of agriculture; Raising pensions starting from the next year; Offering prospects of employment to youth; Development of infrastructure; Improving gas infrastructure throughout Georgia

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The International Society for Fair Elections and Democracy calls upon corresponding agencies to react to the facts cited in the fifth interim report of pre-election monitoring dated September 3, 2012. Specifically, ISFED calls upon the Interagency Commission for Free and Fair Elections and law enforcement agencies that are members of the IATF to launch a probe into Dismissals from work of Lela Razikashvili, Tea Davituliani and Vano Natsarashvili; Pressure exerted by a police officer, Irakli Tsaava against an activist of the coalition Georgian Dream, Emzar Tsaava in Zugdidi; Pressure exerted by deputy chairperson of Sakrebulo, Kote Janelidze and head of the regional office of security, Soso Tsitsishvili against Nikoloz Kikilashvili on August 3, 2012 in Sighnaghi; Threats made by chief of Shida Kartli Police Department, Malkhaz Barnovi against the family of the supporter of the coalition Georgian Dream, Levan Taboradze on August 8, 2012 in Kaspi; Pressure by chief of the military conscription service against activist of the coalition Georgian Dream, Zura Burduli on August 20, 2012, in Dusheti; Pressure by Kobuleti Transregulation Service Ltd. against a driver of a minibus, Roin Katamadze on August 12, 2012, in Kobuleti; Violence by Aghasa Irtsyan against supporter of the coalition Georgian Dream, Hasmik Iegyan and other activists on August 12, 2012, in Akhaltsikhe; Purpose and origin of clothes distributed among the population of the village of Chaladidi on August 6, 2012, in Senaki; Possible signs of voter bribery in promises made by the UNMs candidate for the position of majoritarian MP, Zaza Kedelashvili, to a citizen Mariam Benashvili on August 6, 2012, in Dedoplistskaro, and taking of further actions if the allegation is proved; Voter bribery by the UNMs former candidate for the position of majoritarian MP, Zurab Otiashvili, on August 27, 2012, in Dusheti; Participation of public servants in a clash in the village of Iormungalo on August 17, 2012, in Sagarejo. Investigate and establish liability of all individuals involved in the physical clash and public servants who violated the law; investigate into disruption of journalistic reporting and the act of violence; Physical violence against activist of the Georgan Dream Salome Beridze, Giorgi Akhvlediani, Meri Totoghashvili and Vazha Tsetskhladze on August 2, 2012, in Kobuleti; Physical violence against supporter of the coalition Georgian Dream, Tigran Gregoryan by Aghasa Irtsyan on August 12, 2012, in Akhaltsikhe;

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Physical clash during a public meeting held by the candidate of the coalition Georgian Dream for the position of majoritarian MP for Samtredia, Kakhi Kaladze, on August 18, 2012, in the village of Gomi, Samtredia; Physical violence against member of the Georgian Dreams steering group, Gia Bezhanishvili on August 19, 2012, in Rustavi; The reason law enforcement officers stopped Giorgi Ebralidze, member of the youth group of the coalition Georgian Dream, on August 12, 2012, at the corner of Abashidze Str. and Arakishvili Str. in Tbilisi; Origin of the phone call made to ISFEDs LTO on August 17, 2012, in Oni; Reasons for barriers to access to public information from Tbilisi City Hall and Regional Gamgeobas; Violence against journalist of Maestro TV Sopo Zhgenti and journalist of TV 9 Natia Rokva during the celebration of Shuamtoba on August 4, 2012, in the resort of Beshumi, Khulo, and disruption of journalistic reporting; Interference with journalistic work of a reporter of Batumelebi Newspaper, Manana Kveliashvili on August 2, 2012, Piazza Square in Batumi; Physical violence exerted against the camera crew of Maestro TV and interference with journalistic reporting on August 8, 2012, in the IDP settlement of Khurvaleti, Gori; Restricting access of some journalists to the meeting during the presidents visit on August 19, 2012, in Bakhmaro, Chokhatauri; Davit Janaia verbally insulting head of the coalition Georgian Dreams office in Marneuli, Lia Tushuri, and acts of violence against Info 9 camera crew on August 23, 2012, in the village of Khikhani, Marneuli; Disruption of journalistic reporting of Nata Sarkisashvili, a journalist of Gurjaani Information Center, and act of physical violence on August 16, 2012, in Gurjaani; Termination of welfare assistance for Vakhtang Mighdiseli and Koba Karchaidze on alleged political motive on August 27, 2012, in Dusheti; Distribution of the UNMs agitation shirts by the men wearing police uniforms during a visit of the president of Georgia on August 19, 2012, in Bakhmaro, Chokhatauri; Reports of mobilization of 100-men groups by village trustees in relation to the presidents visit in September 2012 in Chokhatauri; Distribution of household products among the population starting from August 2012 in Chiatura.

ISFED calls upon the Central Election Commission (CEC) to look into The details of the meeting of Mtatsminda DEC N10 held on August 26 and in particular, participation of unauthorized individual in the meeting;
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Forgery of results of election of Tianeti N16 PEC members by the Tianeti DEC; Disruption of the work of the coalition Georgian Dreams monitors by Jaba Kurtanidze on August 9, 2012, in Akhaltsikhe.

ISFED calls upon the State Audits service for monitoring party finances to examine

Hosting a meal for supporters of the Christian DemocraticParty by leaders of the party following a meeting on July 31, 2012; Purpose and origin of clothes distributed among the population of the village of Chaladidi on August 6, 2012, in Senaki, and any possible signs of voter bribery; Legal aspects of promises made by the UNMs candidate for the position of majoritarian MP, Zaza Kedelashvili, to a citizen Mariam Benashvili on August 6, 2012, in Dedoplistskaro, and any possible signs of voter bribery.

ISFED calls upon the local self-government agencies to examine Act of violence against supporter of the coalition Georgian Dream Hasmik Iegyan and other activist by Aghasa Irtsyan in Akhaltsikhe; draw up the record of criminal violation under Article 93 of the Election Code and impose fine on the offender as prescribed by Article 80 of the Election Code; Disruption of the work of the coalition Georgian Dreams activists by the UNMs activist Irakli Nachkebia on August 3, 2012, in Poti and destroying newspapers of the coalition; draw up the record of offence under Article 93 of the Election Code and impose fine on the offender as prescribed by Article 80 of the Election Code; Disruption of distribution of agitation materials by activists of the coalition Georgian Dream, Anzor Inaishvili, Zviad Tsivadze and Vazha Tsetskhaldze (putting up posters) on August 3, 2012, in Kobuleti; Disruption of putting up the coalition Georgian Dreams agitation posters by the Tsinandali Villages trustee Archil Megutnishvili in Telavi; draw up the record of offence under Article 93 of the Election Code and impose fine on the offender as prescribed by Article 80 of the Election Code; Destroying agitation materials of the coalition Georgian Dream on August 7, 2012, in Kazbegi; draw up the record of offence under Article 93 of the Election Code and impose fine on the offender as prescribed by Article 80 of the Election Code.

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