CEC Appeals Georgian Court Ruling, Citing Judge's Wife's Social Media Posts as Grounds for Bias
By Liza Mchedlidze
Thursday, November 7, 2024
The Central Election Commission (CEC) has filed an appeal seeking to overturn a recent decision by the Tetritskaro District Court that annulled electronic voting results in the Tsalka and Tetritskaro districts. The ruling, issued by Judge Vladimir Khuchua, found in favor of the Georgian Young Lawyers' Association (GYLA), which argued that voting secrecy had been compromised.
In its appeal, the CEC raised concerns about the impartiality of Judge Khuchua, pointing specifically to social media posts by his wife, Elza Gurgenidze. According to the CEC's complaint, Gurgenidze is a known supporter of the opposition party European Georgia-Movement for Freedom and has made public statements critical of the ruling party, Georgian Dream. The CEC claims that her open disapproval of Georgian Dream and her support for the annulment decision could influence the judge's objectivity.
The appeal, as shared by GYLA, reads, "Elza Gurgenidze, the wife of Judge Vladimir Khuchua, is a donor to the opposition party and has made statements against Georgian Dream on social media. In one of her posts, she praised her husband's ruling to annul the election results, raising further doubts about Judge Khuchua's impartiality."
The CEC contends that these circumstances created a conflict of interest and that Judge Khuchua should have recused himself. "All of the above indicates that Mr. Vladimir Khuchua should have recused himself in this case, as there are significant grounds to question his impartiality," the CEC's appeal states. It further argues that this alleged conflict amounts to an "illegal composition of the court," which could invalidate the original ruling.
Nona Kurdovanidze, the director of GYLA, defended Judge Khuchua's role and criticized the CEC's argument, stating that Gurgenidze's social media activity falls within her right to free expression and does not influence the judge's independence. Speaking at the appellate court on November 6, Kurdovanidze said, "This fits within the judge's wife's freedom of expression and is not grounds for removing the judge."
The CEC's appeal will now proceed through the appellate court, which will determine whether Judge Khuchua's ruling will stand or be overturned based on the presented arguments regarding judicial integrity and election fairness.
