Judge Vladimer Khuchua of the Tetritskaro District Court confirmed a violation of vote secrecy and declared the electronic results from 30 election precincts in Tetritskaro and Tsalka invalid.
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At today’s session, the court conducted a random inspection of ballots from several precincts in the Tsalka and Tetritskaro districts, considering the standing of the claimants Transparency International - Georgia, the Young Lawyers Association, Future Academy, and Open Space Caucasus. As a result, it was confirmed that marker traces were visible on the back of the ballots.
The judge also requested a vote-counting machine, a ballot, a marker, and a framed envelope. During the session, a technical inspection was conducted, which revealed that when ballots were placed in the machine, the marks on the back were visible, compromising vote secrecy.
“It is clear to everyone, as you witnessed in the courtroom, that vote secrecy could not be preserved at the polling stations. There must not be any possibility, even theoretically, for a Georgian citizen - the foundation of our government, including judicial authority - to doubt that their choice will be confidential and freely expressed, with no risks or manipulations. Today, we focused solely on privacy concerns.
The court unequivocally finds that based on the evidence presented at this session - this electoral machine, ballot, and framed envelope - the voter was not guaranteed vote security or secrecy.
Regarding the Tsalka District Commission, the court identified serious violations, including the improper handling of complaints, confirmed manipulation, the entry of two unauthorized persons, and obstruction of observers. The court firmly believes that such conduct does not reflect a fair election process, and thus, all results should be declared invalid,” said Judge Vladimer Khuchua.
According to Nona Kurdovanidze, Chairperson of the Young Lawyers Association, this court decision sets a new precedent in protecting voters' right to vote secrecy.
“Georgia will survive - one decent judge, one decent diplomat, and many unknown heroes remind us that loyal and kind-hearted citizens will always prevail. Whether in the defense forces, the police, or among ordinary people, there are those who form the backbone of Georgia. Today, all of them together create a powerful force that protects and will continue to protect the country,” remarked President Salome Zourabichvili in response to Judge Vladimer Khuchua’s decision.
The election administration announced its intention to appeal the Tetritskaro Court’s decision to the Tbilisi Court of Appeal.
Last week, the Georgian Young Lawyers Association submitted complaints to 73 District Election Commissions, demanding the annulment of results from 2263 precincts where electronic voting technology was used. The organization asserts that the constitutional right to vote secrecy was widely violated, with visible traces of colored circles on the backs of ballots. Furthermore, video cameras installed by Georgian Dream in nearly all precincts were directed at the vote-counting machines. None of the 73 District Election Commissions upheld the association’s complaint, instead attributing responsibility to voters, asserting that if the rules were properly followed, vote secrecy would be preserved. The association has since appealed the commissions' decisions in 24 district and city courts.
