Day: October 16, 2023

On October 16, the Constitutional Court of Georgia ruled that President Salome Zurabishvili has violated the Constitution. The Court determined that the President breached the country’s Constitution by making unauthorized visits to Europe without the Government’s approval.

The Court’s decision stated that on 31 August, 1 September and 6 September, when the President made working visits abroad, she exercised her powers of representation in foreign relations without obtaining the consent of the Government of Georgia, thereby violating Article 52(A) of the Constitution of Georgia. The Court concluded that this constituted a violation of the Constitution.

The decision was supported by six out of nine members of the plenum. The Chairman of the Constitutional Court Merab Turava stated that the dissenting opinion of three members of the plenum of the Constitutional Court, Irina Imerlishvili, Giorgi Kverenchkhiladze and Teimuraz Tughushi will be attached to the conclusion.

This case sets an important precedent as it is the first time that the Constitutional Court of Georgia has dealt with the issue of impeachment within its jurisdiction.

Following the Court’s decision, the Parliament now has two weeks to convene a plenary session to discuss and vote on President’s impeachment. The Parliament has the authority to declare this plenary session closed. According to the Leader of the GD party, Irakli Kobakhidze, the vote on the impeachment will be held in Parliament during this week.

On September 12, 80 deputies filed a complaint with the Constitutional Court regarding the impeachment of the President of Georgia. During the three-day hearings, the President was represented by Tamar Chugoshvili, a former MP from the Georgian Dream list, and Maia Kopaleishvili, a former judge of the Constitutional Court. Five MPs from the Georgian Dream party took part in the hearings, including party leader Irakli Kobakhidze, as well as Anri Okhanashvili, Tengiz Sharmanashvili, and Giorgi Kakhiani.

Also Read:

• 05/10/2023 – Updated: 3 Days of the Constitutional Court Deliberation on President’s Impeachment

What happened?

During its fall 2023 session the Parliamentary Assembly of the Council of Europe (PACE) adopted two significant resolutions on Ukraine and Russia. The resolution adopted on October 12 recognized the Great Famine (the Holodomor) as “an act of genocide intended to break the backbone of Ukrainian nationhood, language, and culture, and commemorates its victims”. PACE called on all member states to follow suit. 73 members of the Assembly voted in favor of the resolution, one against and no abstentions.

On October 13 PACE adopted a resolution declaring Russia a dictatorship and calling on the international community to recognize Vladimir Putin’s presidency as illegitimate after his current term ends in 2024. PACE also urged its member states to cease all contact with Putin “except for humanitarian contact and in the pursuit of peace,” according to the assembly’s press service.

“The overwhelming power of the president resulting from the extremely long term in office combined with the lack of any checks and balances such as a strong parliament, an independent judiciary, free media, and a vibrant civil society has turned the Russian Federation into a de facto dictatorship,” – the parliamentarians said.

In addition, the PACE also supported the creation of an international criminal tribunal that would examine the role of the Russian authorities and Putin personally in the annexation of Crimea, the war in Donbas and the crash of the Malaysian Boeing MH17 in 2014. 43 members of the Assembly voted in favor, with none voting against or abstaining.

What was Georgian delegation’s position?

According to the Georgian Parliament, five MPs comprise the delegation of Georgia to PACE: Irakli Chikovani (GD), Tinatin Bokuchava (UNM), Ketevan Turazashvili (Citizens), Irakli Kobakhidze (GD), Eka Sepashvili (People’s Power).

From the Georgian side, however, both resolutions were supported by the only representative from Georgia Ketevan Turazashvili, from the “Citizens” political party. None of the other members, including the members of the ruling Georgian Dream party took part in the working session of PACE and Turazashvili was the only representative present from Georgia.

The absence of the Georgian Dream parliamentary representatives to PACE at the fall session of the Parliamentary Assembly, especially considering the geo-political and security environment in Europe, Russia’s ongoing war against Ukraine and the potential impact of these developments on Georgia, raised question marks.

How did GD comment on its absence?

In response to these queries, Irakli Chikovani, the head of the Georgian delegation to PACE had this to say to the journalists: “We had various commitments, including the NATO Parliamentary Assembly, elections in Poland and our representatives are there, and I had other commitments that I have here… I will not prioritize our actions with you. I have explained to the public and said that during the [PACE] session, in previous years, our composition varied… When we talk and have any communication and contact with the Russian Federation, it all stems from the sole objective – to restore our territorial integrity and the situation of our fellow citizens in the occupied territories”.

When asked whether Russia was a dictatorship, Irakli Chikovani replied: “There are problems related to the full functioning of democracy in Russia”.

What does the absence mean?

According to Ketevan Turazashvili she was well aware ahead of the session that the resolution regarding the Putin regime was going to be voted upon, and this information “was most probably known to the other members of the delegation”.

Commenting on the resolution she said: “We remember Putin’s aggression ourselves, and we are witnessing the ongoing aggression against Ukraine, and of course we have to take all measures to stop this.”

In the diplomatic world, if a country does not want to take a clear position in a vote in this or that international organization, it has several options: abstain, walk out, or not send a delegation at all. In the case of the recent vote at PACE, it seems that the parliamentary majority of the GD has chosen the latter option.

However illogical or counter-intuitive the absence of the Georgian Dream may seem, given the GD government’s recent decisions aimed at rapprochement with Russia, as well as the sharp deterioration in relations with Ukraine, such a no-show does not seem all that unexpected.

And it could be argued that the absence of GD representatives in Strasbourg sends a message that is hard to miss and therefore represents a position in itself.

PACE comprises representatives from 46 European states, including countries that are not members of the European Union. The Council of Europe excluded Russia in accordance with the Article 8 of the Statute of the Council of Europe for serious violations of the Statute, after Russia invaded Ukraine in February 2022.

Also Read:

• 13/10/2023 – About 100 Students from Georgia Apply to Study in Russian Universities
• 20/09/2023 – Ukraine MFA Spokesperson Refutes SSSG Allegations
• 18/09/2023 – SSSG Claims Conspirators are Planning “Destabilization and Civil Unrest”
• 11/05/2023 – “This is Positive and Welcome”-PM on Restoration of Visa-Free Travel and Flights to Russia
• 10/05/2023 – Russia Abolishes Visa Regime and Lifts Ban on Airline Flights with Georgia Starting May 15
• 20/05/2023 – Analysis | Rapprochement with Russia: what now?

Ambassador of the Islamic Republic of Iran to Georgia, Mahmoud Adib, denounced Israeli Ambassador’s speech in the Parliament regarding recent Hamas attack on Israel, called on Georgian authorities to side with Palestine and requested an equal opportunity to speak before the Parliamentary Foreign Relations Committee.

• 12/10/2023 – Israeli Ambassador’s Hearing at Foreign Relations Committee Session

“I strongly denounce the unfounded allegations of the Ambassador of the Zionist regime against Iran in the Georgian Parliament. Iran supports Palestine’s rights but is not involved in their responses as these actions are solely determined by the Palestinians themselves,” the Iranian Ambassador wrote on October 13, adding that Iran expects Georgia, “a long-standing opponent of occupation, to stand with the Palestinian people in their quest for freedom and justice, ending the occupation of their land.”

The Iranian Ambassador wrote he had formally requested “in the spirit of fairness and diplomacy” an opportunity to address the Foreign Relations Committee of the Parliament of Georgia, because “it’s essential to clarify our stance after false accusations were made by the Ambassador of the Israeli regime.”

The Parliament of Georgia has not publicly responded to the Iranian Ambassador’s request.

Israeli Ambassador to Georgia, Hadas Meitzad addressed the Foreign Relations Committee on 12 October and spoke about the tragic loss of over 1,300 lives due to violence perpetrated by Hamas in Israel and emphasized that this attack is perpetrated against the shared values of Israel, Georgia, America, and the civilized world.

Ambassador Meitzad highlighted that Hamas would have been unable to carry out the attack without financial, logistical, or other forms of assistance from Iran. According to the Israeli Ambassador, Iran bears a responsibility for Hamas’s capabilities and their utilization, given its history of providing support that includes arming Hamas to enhance its “combat “killing” capabilities.

Also Read:

• 07/10/2023 – Georgian Authorities React to Hamas Attack on Israel