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Following the Application of HRC, the Court fined the Mayoral Candidate and the Chairperson and Members of Election Commission with GEL 2,000 Each
20.10.2021
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In Tsalka Municipality, the Magistrate Judge of the Tetritskaro District Court granted in full the complaint of Human Rights Center and held the Mayoral Candidate for Tsalka Municipality Ilia Sabadze as an administrative offender for violating Article 48 of the Election Code and fined him GEL 2,000 under the sanction of Article 88 of the Election Code. The court also found Roland Chelidze, Deputy Chairperson of Precinct Election Commission N29 of Tsalka, and members of the same PEC, Revaz Dvaladze and Roland Dzirkvadze as administrative offenders for the violations provided for in Article 45(4) of the Election Code. All of the named persons were fined GEL 2,000 each under Article 79(1) of the Election Code.
The long-term observer of HRC, lawyer Giorgi Oniani identified some violations of the rules of pre-election campaigning on the part of the Mayoral Candidate of Tsalka Municipality (who during the preelection period was an active mayor) and deputy chairperson and some members of Precinct Election Commission N29 of Tsalka District Election Commission N25.
In particular, the monitoring revealed that Tsalka Municipality mayoral candidate Ilia Sabadze was electioneering before the residents of the village of Gantiadi together with the Deputy Chairperson and members of Precinct Election Commission N29. The above action is a violation of the norms provided for in Articles 45 and 48 of the Election Code. Ilia Sabadze, the mayoral candidate from the political party Georgian Dream, posted photos of the meeting on the official Facebook page. After obtaining this evidence, HRC filed a complaint with the District Election Commission N25 requesting that the Tsalka mayoral candidate be found in breach of the law, as well as to initiate disciplinary actions against the deputy chairperson and members of PEC N29.
Tsalka District Election Commission N25 rejected the appeal of HRC. The DEC N25 found the argument that the mayoral candidate did not know in person the mentioned PEC members to be sufficiently convincing. DEC N25 also found convincing the explanatory statements by the PEC N29 chairperson and members claiming that they found themselves on the preelection meeting by chance.
HRC appealed the decision of DEC N25 with Tetritskaro District Court within the timeframe set by law, after which the appeal was referred to the Magistrate Judge of Tetritskaro District Court within Tsalka Municipality as provided by the procedure of the venue of the court.
The Tsalka Magistrate Judge heard the complaint in an oral hearing on October 18, 2021, where the HRC representative specified the statement of the complaint asking the court to hold both the mayoral candidate as well as the PEC chairperson and members as administrative offenders. The court granted in full the complaint of HRC.
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