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The News in Brief

Tuesday, November 19
By Liza Mchedlidze

‘Article 42 of the Constitution’ considers it necessary to apply to the European Court to protect Dr. Vazha's life

The human rights organization "Article 42 of the Constitution" considers that it is expedient to apply immediately to the European Court against the Russian Federation for the protection of the life and security of Dr. Vazha Gaprindashvili, requesting the application of a provisional measure under Article 39 of the European Court of Justice.

"This Article provides for a tightened obligation on the State within a tight deadline to avoid irreparable consequences. Moreover, there are already proven facts when dealing with the occupation forces and the so-called "occupation forces." Resistance to the South Ossetian authorities has been tragically ended for Georgian citizens.

In the event of the entry into force of Article 39 of the Rules of Procedure of the European Court, the Russian Federation may be tasked with the release of Vazha Gaprindashvili, the provision of security measures and the restoration of the right of movement throughout Georgia.

Article 42 of the Constitution expresses its readiness, in the case of the consent of the family of Dr. Vazha Gaprindashvili, to represent his interests in the European Court of Human Rights and demand the application of a provisional measure.

Tskhinvali de-facto court sentenced Vazha Gaprindashvili, a Georgian doctor arrested on November 9, to two months in prison. The trial was held on November 15.

“Investigation has been launched against Gaprindashvili under Article 322 of the Criminal Code of the Russian Federation [illegal border crossing]. It is established that a Georgian citizen deliberately crossed the state border of the republic," reads the statement of the South Ossetian de-facto security committee reads.

The Georgian doctor arrested by the Russian military on November 9 is the president of the Georgian Society of Orthopedic Traumatologists.

The German model election system does not contradict the Georgian constitution - TI Georgia states

Transparency International Georgia

Transparency International Georgia released a statement regarding the German electoral model and the Georgian constitution and how they coincide with each other. The statement reads:

“Following the failure of the constitutional bill initiated to move to fully proportional elections in the Parliament of Georgia by 2020, the so-called protests of the so-called mixed electoral system in Georgia were demanded. Modification according to the "German Model". In response to this initiative, the ruling party has said that this option is not in line with the Georgian constitution. We would like to emphasize that the modified version of the "German Model" does not contradict the Georgian Constitution for the following reasons:

According to the current version of the constitution, the parliament elected in the next elections will consist of 77 proportional and 73 majoritarian MPs.

The constitution defines only proportional and majoritarian mandates. It does not specify whether the proportional and majoritarian components of a mixed electoral system are parallel if the distribution of the proportional list depends on the results in the majoritarian constituencies. The rules for allocation of seats in both components are defined by the Election Code of Georgia, which, as it stands today, provides for the distribution of seats in the proportional component independently of the majoritarian. This circumstance allows the so-called mixed electoral system to be put in place for the next elections to the Parliament of Georgia by the amendment of the Election Code. A modified version of the "German Model" so as not to alter the proportionality of the constitution of proportional and majoritarian seats in the full parliament.

The German model of a mixed electoral system is a type of mixed membership proportional (Mixed-member proportional) electoral system. It allows voters to choose both the majoritarian MP and the party list. And in parliament, the distribution of seats between parties/election blocs is based on proportional system votes.

The classic "German model" also provides for the proportional distribution of votes and mandates identified in the majoritarian component by proportional lists, for which compensation mandates are used and the full composition of the legislature is not specified. The Constitution of Georgia defines the composition of the Parliament with 150 MPs. However, it is possible to balance the disproportionality of the mandates identified in the majoritarian component even under a fixed total number of mandates. This factor may complicate the distribution of mandates in an ideal proportion but in any case the so-called mandates. The mandates distributed by the "German model" will give us a more proportionate and equitable ratio than the current electoral system in Georgia.

Given the current situation, the so-called electoral system of the current system Replacing the modified version of the German model will significantly improve the electoral environment and allow a fairer distribution of parliamentary mandates following the 2020 elections.”

The Red Cross visits doctor Vazha Gaprindashvili detained by occupation regime in Tskhinvali region

The International Committee of the Red Cross (ICRC) visited doctor Vazha Gaprindashvili in Tskhinvali prison.

Vazha Gaprindashvili's family contacted the Red Cross on November 14.

“Acting within its international humanitarian mandate, the ICRC demanded to be allowed to visit the prison. The ICRC delegates visited Vazha Gaprindashvili today. During the visit, he was given a family letter, which he responded with writing the reply.”

The International Committee of the Red Cross informed Vazha Gaprindashvili's family about the visit.

Information on ICRC visits to places of detention shall be dealt with in a confidential and bilateral dialogue, taking into account the best interests of the detainees and their families,” said the statement.