Day: November 26, 2024
Georgia needs new parliamentary elections
“The 11th [convocation of] Parliament of Georgia held its first session on November 25 and voted to recognize its own authority, but it had no right to do so. By doing this, the deputies placed themselves above the Constitution,” says constitutional expert Vakhtang Khmaladze.
On November 25, Georgia‘s newly elected 11th Parliament held its first session amid a large-scale protest. The protesters claimed that the October 26 elections were falsified, labeling the parliament as illegitimate and self-proclaimed.
Only MPs from the ruling Georgian Dream party participated in the first session. According to the official election results announced by the Central Election Commission, the party secured nearly 54% of the vote, winning 89 out of 150 seats. Four opposition groups that also entered parliament have refused to take part and are demanding new elections.
MPs from the ruling party entered the parliament building and later left under the protection of special forces. The area around the parliament and the government district were heavily secured by law enforcement and specialized equipment.
Constitutional expert Vakhtang Khmaladze
“Lawsuits challenging the legitimacy of all 150 newly elected MPs are currently under consideration in the Constitutional Court, filed by the president and members of parliament.
Until the court rules on these lawsuits, the parliament, according to the Constitution, has no right to discuss the authority of its members.
The parliament would only be allowed to convene in two cases: if the Constitutional Court did not accept these lawsuits for review, or if it examined them and found them to be unfounded. However, neither of these outcomes has occurred.
By convening, the parliament has placed itself outside the Constitution. This can only be described as a power grab, which is also prohibited by the Constitution.
We must use all available mechanisms to prevent this power grab. The authorities may take actions in the future that could put us—those of us already in a difficult situation—into an even more precarious position.
Khmaladze believes the situation warrants a case before the European Court of Human Rights in Strasbourg. “For this, we need suitable plaintiffs, and I know such a group exists,” he said.
“The Constitution is a legal document that protects our rights. But we must not forget that the Constitution itself also requires protection.
When someone attempts to violate it, we, the people, must defend it. The Constitution clearly states that no one has the right to usurp power. This is not written without reason. Such actions have occurred before and could happen again,” says Khmaladze.
The constitutional expert sees the solution to the current crisis in holding new elections.
“All constitutional law textbooks state that early elections are held to resolve a political crisis. But this is not part of Georgian Dream’s plans,” Khmaladze said.
Georgia needs new parliamentary elections
Abkhazia chooses new Prosecutor General
In Abkhazia, a debate is underway over who should become the new prosecutor general. The term of the current prosecutor, Adgur Agrba, ends in December. Supporters of former President Aslan Bzhania want him to stay on for another five years, while the opposition is firmly against it.
According to the law, the president is responsible for proposing a candidate for the new prosecutor general to parliament. However, after Aslan Bzhania’s early resignation, Abkhazia does not currently have an official president. His duties are temporarily being carried out by Vice President Badra Gumba, who is therefore expected to select the candidate.
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The current prosecutor general, Adgur Agrba, stated that opposition leader Kan Kvarchia is exerting pressure on Badra Gumba to prevent him from nominating Agrba for a new term. Agrba made this statement on November 25 outside the Prosecutor’s Office, where around two hundred supporters of the former government had gathered.
The pro-government party Amtsakhara also voiced support for Agrba, though with a slightly different emphasis:
“According to the signed agreement [between the government and the opposition to resolve the crisis], current ministers will continue in their roles until the newly elected president of the Republic of Abkhazia assumes office.
We urge opposition forces to respect the terms of the jointly adopted agreement and to demonstrate a higher level of political culture. Otherwise, further destabilization of the political situation and illegal actions by opposition members could lead to irreparable consequences.”
In turn, the opposition demands that all personnel matters, including the appointment of the prosecutor general, be deferred until the election of a new president. According to their logic, acting president Badra Gumba should refrain from exercising his formal right to nominate a prosecutor.
Opposition leader Adgur Ardzinba urged against escalating the political situation ahead of the elections:
“Whoever the Abkhaz people elect as president will also choose whom they wish to work with in their team, including the Prosecutor General.
Our firm position is that the presidential election must be held in a calm and fair atmosphere, ensuring the will of the people.
Any personnel decisions, including the nomination of the Attorney General, will remain the exclusive right of the newly elected president, as per the law.”
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Abkhazia chooses new Prosecutor General