Georgia’s Constitutional Court holds hearing on petition to ban 5 political parties

The Constitutional Court of Georgia is holding a hearing on a petition seeking to ban five political parties and political associations.

The hearing is being chaired by Judge Revaz Nadaraia.

Hearings in the case are scheduled for October Wednesday, Thursday and Friday.

The constitutional complaint, filed by 88 members of the Georgian Parliament, challenges the constitutionality of the activities of five political parties: Unity - National Movement; Coalition for Change: Gvaramia, Melia, Girchi, Droa; Strong Georgia - Lelo; the Federalist Party; and For Georgia. The petition seeks to have their activities declared unconstitutional and the parties banned.

The case is being heard on its merits by the Plenum of the Constitutional Court of Georgia.

According to a press release issued by the Constitutional Court, the petitioners argue that there is clear evidence that all five parties have violated the first sentence of Article 23, Paragraph 3 of the Georgian Constitution. They claim the violations are reflected both in past attempts to overthrow or forcibly change Georgia’s constitutional order and in the parties’ alleged continued pursuit of that objective.

The petition also raises additional constitutional grounds concerning the infringement of Georgia’s independence and violation of its territorial integrity in relation to the activities of Unity - National Movement.

The 88 MPs who filed the petition present their arguments along several lines.

They allege that the parties in question, or their members, systematically violated human rights, refused to recognize the legitimacy of bodies and officials elected through universal elections, and attempted to overthrow or forcibly change Georgia’s constitutional order.

The petitioners also cite events surrounding the August 2008 war and developments after 2012 as evidence of alleged infringements on Georgia’s independence and territorial integrity.

The plaintiffs further argue that, since 2016, the respondent political parties have consistently challenged the domestic and foreign policy legitimacy of Georgia’s current government and the ruling party, thereby questioning their constitutionality.

According to the petition, the parties’ alleged common unconstitutional objectives are demonstrated by their positions and conduct over the years.

The plaintiffs claim that the parties have maintained substantially similar positions in elected bodies and in Georgia’s political processes, including what they describe as acts of sabotage against the Georgian state, and have formed a coalition united by shared objectives.

The petition also points to links between the parties’ current and former leadership figures and Unity - National Movement. It states that some of these individuals were elected to different convocations of Parliament on the party’s ticket or through electoral blocs formed with its participation, held various party positions within the movement, or occupied senior Government and political posts during its time in power from 2004 to 2012. The plaintiffs further allege that some of these individuals facilitated or participated in human rights violations during that period.

“Taking all the above into account, the plaintiffs believe that the relevant facts and arguments presented in the constitutional complaint, considered together in light of the Constitution of Georgia and the approaches of the European Court of Human Rights, provide a solid constitutional basis for banning unconstitutional political parties”, the court’s press release states.

The MPs are asking the Constitutional Court, under the first sentence of Article 23, Paragraph 3, and Paragraph 4 of the Georgian Constitution, to declare the activities of the respondent political parties unconstitutional and ban them.