Juglander Review
Mktvartvelo: Supreme Court annuls result of last Juglander elections
Mktvartvelo's Supreme Court, in an unprecedented ruling, has annulled the results of
last January Juglander State Governorate special elections.
The elections saw the election of a "pro-sovereignty" majority in the State Governorate -the highest executive government in the Safraen territory- demanding the exercise of the right to self-determination for first time. However, Mktvartvelo's highest judiciary authority has ruled that results were illegitimate as result of a "wide violation of electoral law and national security legislation". According to Akheli Ambebi newspaper, the Supreme Court agreed that the evidence, including declassified information from intelligence community, prove a "clear effort of illegal funding by separatist candidates and campaigns".
The ruling following after nifty-three National Assembly lawmakers issued a plea for the Supreme Court for an urgent intervention in response against the investigation against Gunnar Huttunen, leading member of the Jugland Movement of Citizens.
The court argued their decision, passed in a 12-2 vote, was based in "clear evidence" from the Azavrelia Third High Court preliminary edict, and evidences collected from law enforcement authorities, which would indicated that "pro-sovereignty and separatist candidates" benefited from a "wide and mass operation -conducted in violation of the legality- to interfere with the results of the election".
The decision threatens to send into turmoil Juglander politics (and as consequence relations between Ktsatskuri and the Juglander authorities), as the annulment of the election would imply the suspension of the current State Governorate government, an act without precedents. Constitutional experts agree that it is difficult to predict the consequences in practice, giving the current State Governorate has already be sworn in their government offices and currently in exercise. However, the Supreme Court did not openly intervene at that regard, simply ruling that elections would require to be repeated and that "competent authorities take the necessary steps, in accordance to the constitutional order, to a restoration of legality in the affected territory".
President of the State Governorate Shimura Akane has described the ruling as "authoritarian and absurd", declaring that it can be defined as "most violent attack against democracy in our modern history". She announced that the State Governorate, in cooperation with the Legislative Assembly and other Juglander institutions, to fight the rule through all legal means "in defense of the will of the people and the democratic institutions". Secretary Matsuyama Ryosuke, on his part, has declared that his department will urge the Juglander Constitutional Court to intervene "to defend our constitutional order and sovereignty". Secretary Jouko Juuso, from the Freedom Party, went even further and described the ruling as a "pseudo-legal coup d'etat against democracy".
Prime Minister Veriko Chkhartishvili has declared that the national government welcomes the Supreme Court's ruling "with our utmost respect to the judiciary system and independent courts in defense of the legality and our constitutional order". The Prime Minister declares that the national government is ready to take the required steps toward to assure the fulfillment of the rule, without clearly describing such steps to take, "and always in accordance to the constitutional legality and the legal instruments at our disposal". Chkhartishvili called citizens, including those in Jugland, to understand that "democracy can never be exercise through criminal means and in violation of the constitutional order".
Prime Minister Chkhartishvili also declared that she was informed by the Ministry of Justice that legal steps will be introduced to open any proceedings against all those who were involved in violations of the law. The Prime Minister assured that "no voter should be concerned about their safety, independently for whom they voted", giving that legal steps could only be taken against those who "willingly violated the law and the exercise of suffrage can only inviolable as it was exercise according to the legality".
President of the National Assembly Tamaz Eksanishvili also praised the ruling which he described "as the only right and legal solution after the evidence of mass, wide, and illegal effort, eventually successful through criminal means, to distort the result of the election in favour of separatist candidates". Eksanishvili called authorities to establish legal procedures to punish all those, both inside and outside our borders, who were involved in this criminal and treasonous endeavor".
In his minority opinion, Supreme Court's judge Anzor Sindisadze argued that "while evidence is clear and the court has the right to intervene, to annul the election without a legal precedence and without a clear constitutional path toward the restoration of the rule of law, the majority could open the path toward arbitrary actions which, even through legal and constitutional means, threaten to endanger, even if unwillingly, individual rights and constitutional protections".
However, the Supreme Court's ruling argued that "criminal effort to violate the law as so wide and decisive, committing such vast financial resources in their effort, that the elections could not longer be considered as legitimate, even annulling any right to be called free and fair".
Juglander constitution stipulates that, in the event of an election being annulled or cancelled, they should be called before sixty days after the date of the annulment. However, there is not a clear constitutional or legal mechanism about how to proceed after an incumbent government has seen being declared their election as "illegitimate" after the fact and after the beginning of their constitutional term. Local legal experts that this situation could place the current State Governorate in a "legal limbo" which could allow arbitrary decisions of unprecedented consequences, leading the Juglander territory and their citizens toward completely new territory from a political point of view, with nobody being sure what may come next.
The State Governorate, in a joint written statement, has vowed to defend the Juglander constitution and rights of all Juglander citizens through legal and constitutional means.