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Journalists and NGOs Demand Annulment of Amendments to Election Code

On February 19 Journalists and NGO representatives discussed the amendments made to the Election Code. According to the recently made changes the work by journalists and observers shall be considerably restricted. The working meeting, organized by the Coalition for Civil Development, was held at the Sheraton Metechi Palace Hotel. Heads of the Press Association, Regional Media Association and Georgian Regional Radio Network (GRRN) as well as journalists, editors, and the representatives of the Georgian Young Lawyers Association (GYLA), New Generation - New Initiative (nGnI), etc took part in the discussion. The Coalition for Civil Development introduced its proposals and presentations on Articles 12631 and 67 of the Election Code. According to the clarification letter by the Coalition reads as follows: "Article 12631 stipulates the administrative penalty of GEL 500 for the observer, election subject or media representative for the violation of Paragraph 2a and 2c of Article 70 of the Election Code which restricts to "Interfere in the functions and activities of election commissions" and "Agitate in favour or against an election subject." As regards Article 67 it stipulates the transparency of election commission sessions: persons who are authorized to be present in the polling place." According to the last line of Paragraph 1 of Article 67 "Where a person is creating disorder and preventing the commission from operating, the election commission Chairperson has the right to remove the person who breaches the order of the session." According to the working meeting moderator Kakhaber Sofromadze the law does not thoroughly clarify "interference in the functions and activities of election commissions." Therefore the fining of the journalist or the observer shall be up to the personal viewpoint of the head of the election commission. The lawyers attending the meeting discussed procedural inaccuracies accompanying the aforementioned amendments. In particular the draft bill was not attached to the clarification letter to prove the ground of the amendment. According to Lasha Tugushi, Chairman, Press association and Editor, Georgian daily Rezonansi the amendments made to the Election Code had no legitimate ground proven by facts. So far, he said, no severe meddling into the operation of the election commission has been observed. But on the other side, the journalists were attacked and their professional activity was constantly hindered. Lasha Tugushi cited the attack against one of the Rezonansi editors during the 2008 parliamentary elections. Eliso Chapidze of the Rezonansi was then physically abused and seized her digital camera. The law enforcers made no response to the incident. Other participants of the meeting recollected different stories in this regard. According to the observation made by the opponents of the legislative amendment journalists and observers become the victims of pressure more often than vice versa, therefore the authorities had no reason, except a political one, to make aforementioned amendments. Speaking at the meeting Tamar Kordzaya of GYLA said the meddling into election process is punishable in line with the criminal code and it's absolutely incomprehensible why the crime of a kind shall be punishable additionally in line with the administrative code too. According to the GYLA representative the amendment made to the Election Code is going to turn into the tool blackmailing against journalists and observers. Fearing for a fine they will refrain from responding to the violations and will find themselves as passive observers. Kakhaber Sopromadze pointed out that on December 28, 2009 there was another amendment made to formally protect journalists' and observers' rights. In particular the persons meddling into their activities shall be imposed a fine of GEL 500. But this article, according to the meeting participants, is not going to work since, they said, the illegal restriction of journalist's activity in the course of the elections has never been followed by a response. The meeting participants agreed on sending an appeal to the Parliament to request the amendment to Article 67 and annulment of Article 12631. In addition they are planning to submit a legislative proposal to the Parliament and search for a group of policy makers to lobby their initiative.

Source: Media.ge

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