Statements

The Georgian Young Lawyers’ Association (GYLA) and the International Society for Fair Elections and Democracy (ISFED) express their views on the Anti-Corruption Bureau's decision made on September 24 to declare Transparency International Georgia and its Executive Director, Eka Gigauri, as well as the organization Choose Europe, its director Khatuna Lagazidze and co-founders, as entities with "a declared electoral goal". GYLA and ISFED consider the Anti-Corruption Bureau's decision to be unlawful since it does not align with the definition of the concept of a person with a declared electoral goal as outlined in the Law of Georgia "On Political Associations of Citizens." Furthermore, this interpretation of the law establishes a dangerous precedent for it to be used to disproportionately restrict freedom of speech and expression.

The mandate of the Anti-Corruption Bureau includes monitoring of the financial activities of citizens’ political associations (political parties), electoral subjects, and persons with a declared electoral goal, as well as implementing other appropriate activities related to this area.[1] According to the Law of Georgia "On Political Associations of Citizens," the restrictions imposed on a party also apply to any person who has self-declared electoral goals and utilizes financial and other material resources to achieve these goals. A declared electoral goal refers to the factual circumstance in which a specific person's intention to attain public authority through participation in elections is evident. This declaration must be made publicly and be directed towards the formation of public opinion.[2]

The Anti-Corruption Bureau is authorized to extend the restrictions established by the Organic Law of Georgia "On Political Associations of Citizens" to other persons within the scope of monitoring only if such preconditions exist.

By its decision of September 24, the Anti-Corruption Bureau interpreted the standard established by the legislation in a manner unjustifiably broad and inconsistent with the law, relying on the unreasonable decision made by the Tbilisi Court of Appeals just days earlier which determined that the work of the organization Choose Europe fell under the definition of  "a declared electoral goal." Notably, the court did not discuss the issue of the organization's declaration to attain public authority through participation in elections in its decision, which is a crucial element for classifying it as an entity with a "declared electoral goal."

According to GYLA and ISFED, the arbitrary and incorrect interpretation by the Anti-Corruption Bureau and the Tbilisi Court of Appeals of the concept of "a declared electoral goal,", as clearly established in Georgian legislation, may serve as a tool for restricting the activities of civil movements (civil activism) and freedom of expression.

Moreover, considering that Transparency International Georgia is one of the largest local observation organizations registered for the parliamentary elections, the unjustified decision made by the Anti-Corruption Bureau may be perceived as a disruption to the election observation process. Such actions by a state agency represent an arbitrary use of its mandate and pose a significant risk of reducing trust in the institution.

GYLA and ISFED call on the Anti-Corruption Bureau to revoke the aforementioned decisions, cease the arbitrary use of the law, and operate within its established mandate.

 

[1] Article 20¹⁵, first paragraph, subparagraph "h" of the Law of Georgia “on Fight against Corruption”.

[2] Articles 7¹ and 26¹ of the Organic Law of Georgia "On Political Associations of Citizens."