"Law used to restrict free speech" – Georgian lawyers and activists accuse authorities
GYLA: Pressure on Transparency International in Georgia
The Georgian Young Lawyers’ Association (GYLA) and the International Society for Fair Elections and Democracy (ISFED) have declared unlawful the Anti-Corruption Bureau’s September 24 decision to label Transparency International (TI-Georgia) and “Choose Europe” as “entities with electoral goals.”
In a joint statement, GYLA and TI-Georgia stated that “this interpretation of the law sets a dangerous precedent for its use to restrict freedom of speech and expression.“
They also argue that the decision does not align with the legal definition of “entities with declared electoral objectives” under the Law on Political Associations of Citizens.
On September 24, Georgia’s Anti-Corruption Bureau declared the local branch of the international organization Transparency International (TI-Georgia) and the civic movement “Choose Europe” as entities with “declared electoral objectives.” TI-Georgia’s director Eka Gigauri and the founder of “Choose Europe,” Khatuna Lagazidze, were also included.
This means they will be subject to restrictions under the Law on Political Associations of Citizens. The organizations and their leaders are required to submit financial reports to the Bureau within five days for the relevant period. They must also provide details of bank accounts used for income and expenses related to their electoral activities.
GYLA: What is a “declared electoral objective” and why this definition cannot be applied to TI-Georgia and the “Choose Europe” movement?
The law “On Political Unions of Citizens” states that certain restrictions can be applied to an organization or individual that has declared electoral objectives and uses financial and material resources to achieve these goals.
A “declared electoral objective” refers to the clear intention of a specific individual to gain power through participation in elections. This objective must be publicly announced to influence public opinion.
However, according to a statement from GYLA and ISFED, no such declaration has occurred in the case of TI-Georgia and the “Choose Europe” movement.
“The Anti-Corruption Bureau has unreasonably and inconsistently interpreted the legal norm. It relied on a recent unfounded decision by the Tbilisi Court of Appeals, which determined that the activities of the ‘Choose Europe’ movement fall under the definition of ‘declared electoral objectives.’
Notably, the court’s decision does not mention that the entity has the goal of ‘gaining power,’ which is a crucial element for recognizing ‘declared political objectives.’“
The authors of the statement believe that the arbitrary and incorrect interpretation of the term “declared electoral objective” is a tool for limiting civil activism and freedom of expression.
“Furthermore, it is important to note that Transparency International-Georgia is one of the major local monitoring organizations registered for the parliamentary elections on October 26. The unfounded decision of the Anti-Corruption Bureau may be perceived as an obstacle to the election monitoring process.
Such actions by a government body represent an arbitrary use of its authority and pose a significant risk of diminishing trust in this institution,” the statement reads.
The Georgian Young Lawyers’ Association and ISFED urge the Anti-Corruption Bureau to revoke the aforementioned decisions, stop the arbitrary application of the law, and operate within its legal framework.
