"Young Lawyers' Association" demands the annulment of the results of all 2263 precincts conducted using new technologies due to the violation of the secrecy of voting

On October 29, the "Georgia Young Lawyers Association" submitted complaints to the district election commissions, demanding the annulment of the results of all 2,263 districts included in the respective districts, where the elections were held using technology.

As the chairman of GYLA (Georgia Young Lawyers Association), Nona Kurdovanidze, said, satisfaction of the submitted complaints will lead to re-elections, because, according to her, invalidation of the results of the technological districts has a significant impact on the results of the elections.

"GYLA disputes that on the day of voting, the principle of voter secrecy was massively violated, which violates the electoral right guaranteed by the Constitution of Georgia.

Secrecy of voting is a fundamental component of the electoral constitutional right, in case of violation of which, the extent of protection of the right becomes fictitious. This guarantee, among other things, protects issues related to the conduct of the election process at the polling station, such as instrumental means of exercising the right: ballot, and ballot box. According to the standard established by the OSCE Office for Democratic Institutions and Human Rights, the absolute secrecy of the vote must be maintained at all stages of the voting process, including the moment the ballot is placed.

Violation of the principle of secrecy also violates the European Convention, according to which "the High Contracting Parties undertake, at reasonable intervals, to hold free elections by secret ballot under conditions which ensure the free expression of the will of the people in the election of the legislative body." According to the practice of the European Court, this article differs from other fundamental rights of the Convention and the Additional Protocols in that it regulates the obligation of the High Contracting Party to hold elections that ensure the free expression of the will of the people.

It is important that the Venice Commission, in the process of introducing electronic technologies, clearly indicated to the election administration of Georgia the need to take all necessary measures to ensure the secrecy of voting. Nevertheless, the Central Election Commission ("CEC") failed to ensure the protection of this right on the day of voting for the 2024 parliamentary elections. In particular, "Georgian Dream" installed video cameras at the polling stations, which in some cases looked at the registrar's desks and verification machines, and in some cases - at the voting booths and the main ballot box. The quality of the ballots could not ensure that it did not leave a colored circle mark on the back. The concurrence of these two conditions confirms the high risks of influencing the voter's will and violates the principles of secrecy of vote and free expression of will.

It should be noted that the Georgia Young Lawyers Association discovered the risks of violation of the secrecy of the vote on the election day at the training and information meetings held by the CEC before the elections and applied to the CEC in advance to take appropriate measures to eliminate this problem. By letter No. 01-01/1607 dated September 28, 2024, Georgia Young Lawyers Association was informed that the ballot used at the training and information meetings held by the CEC was a test version, and the quality of the ballot used on the voting day would be different, which would ensure confidentiality. However, this condition could not be fulfilled", said Nona Kurdovanidze.

According to her, the organization recorded 589 violations on the day of voting.

"Considering the scope and systematic nature of the violation of the secrecy of the voice, Saya also appealed to the Prosecutor's Office regarding the initiation of an investigation into these facts.

In total, Georgia Young Lawyers Association's observation mission has submitted:

11 complaints about violations in the pre-election period;

589 violations/bad practices were registered by the Georgia Young Lawyers Association on the day of voting;

Invalidation of summary protocols, in addition to the invalidity of 2263 precincts determined by technology, additional grounds are requested for 1 traditional precinct;

Annulment of the summary protocol of 460 precincts and recalculation of the results;

In the case of 349 precincts, imposing disciplinary responsibility on the members of the relevant precinct commission", said Nona Kurdovanidze.

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