In Order to Overcome the Current Legal and Political Crisis in the Country, It Is Important to Hold New Elections in Georgia
Georgia currently confronts a severe political and legal crisis, directly resulting from the undemocratic actions of "Georgian Dream" over recent years, constitutional violations, and policies fundamentally contrary to the country’s national interests.
The parliamentary elections of October 26, 2024, were conducted with violations of fundamental principles of free and fair elections. According to the observations by ISFED and other election monitoring missions, the pre-election period and election day were marked by systematic, organized violations aimed at securing a victory for the ruling party. The conducted elections were undemocratic, neither free nor fair, and consequently, their results cannot be reflecting the will of the Georgian voters.
For this reason, on November 16, monitoring missions called on the Central Election Commission of Georgia (CEC) to refrain from finalizing election results and instead schedule new elections. The CEC disregarded this recommendation and proceeded to finalize the results, a decision subsequently challenged in court, though this request was not satisfied. On November 19, the President of Georgia, and 30 members of the Parliament, filed a constitutional appeal seeking to declare the parliamentary election results unconstitutional. The appeal specifically addressed violations of two fundamental constitutional rights: universal suffrage and vote secrecy. ISFED submitted comprehensive amicus curiae opinions regarding both legal proceedings.
Notwithstanding the pending constitutional appeal, "Georgian Dream" convened the first parliamentary session on November 25, where the credentials of all MPs were illegally recognized. According to Georgia's Constitutional provisions, the parliament acquires full authority only upon recognizing two-thirds of members' credentials. Parliamentary regulations explicitly stipulate that any resolution recognizing member credentials must exclude individuals whose electoral legitimacy is under constitutional review. In this instance, the electoral legitimacy of all 150 MPs was formally challenged. Consequently, the new parliament could not legally acquire operational authority prior to the Constitutional Court's definitive ruling. The unconstitutionally empowered parliament proceeded to schedule presidential elections on November 26. On November 28, it approved a new ministerial cabinet—actions undertaken without proper constitutional standing.
On the same date, Irakli Kobakhidze announced "Georgian Dream's" decision to suspend European Union accession processes until 2028, simultaneously rejecting all budgetary grants from the European Union. These declarations directly contravene Article 78 of the Georgian Constitution, which mandates that constitutional bodies take all necessary measures to ensure Georgia's full integration into the European Union and North Atlantic Treaty Organization.
With these actions the state, in fact, went out from the constitutional frameworks, causing legitimate protests in society. The response to peaceful demonstrations included documented instances of torture, alongside cruel, inhuman, and degrading treatment by police forces. The deployed force was not merely disproportionate but fundamentally incompatible with constitutional and international human rights standards. To date, no police officers responsible for these actions have been held accountable.
A subsequent wave of repression occurred on December 4-5, during which Ministry of Internal Affairs representatives detained opposition politicians, civil activists, and ordinary citizens. Political party offices and activists' residences were searched, and legal representation was not permitted to observe these proceedings.
Full institutional responsibility for these events rests unequivocally with "Georgian Dream". To resolve the current political and legal crisis, it is necessary to release all illegally detained citizens immediately and unconditionally, with all associated legal proceedings terminated. Furthermore, comprehensive legal prosecution must be undertaken against all individuals involved in organizing and executing the suppression of peaceful demonstrators. It is imperative that new parliamentary elections be scheduled and conducted by a genuinely independent electoral administration selected by consensus among political parties.