DECREE ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on Stay of Execution of the decree issued on 20 July 1991 by the Presidium of Supreme Council of the Abkhaz ASSR

On 20 July  1991 the Presidium of the Supreme Council of the Abkhaz ASSR issued the decree on “Creation of Central Electoral Commission for the Elections of Deputies to the Supreme Council of the Abkhaz ASSR”.

This act of the Presidium of the Supreme Council of the Abkhaz ASSR grossly violates the Constitution of the Republic of Georgia, the current legislation and the law of ASSR on “the Elections of Deputies to the Supreme Council of the Abkhaz ASSR” itself.

Two thirds of the total number of members of the Central Electoral Commission are representatives of the bloc “Soyuz”. 13 Members of the Commission are from Sukhumi, while representatives proposed by the executive committees of Guliripsh, Ochamchira and Sukhumi districts were denied membership of the Commission without any explanation and justification. Therefore, Article 20 of the law of ASSR on  “the Elections of Deputies to the Supreme Council of the Abkhaz ASSR was violated, according to which in the process of creation of central electoral commission, proposals put forward by executive committees of districtss and towns must be taken into due account.

As a result of the decree issued by the Presidium of Supreme Council of the Abkhaz ASSR, the Georgian population of Abkhazia found itself being overtly discriminated against. Unlike the rest of population, electoral rights of Georgians are not protected at all. The fact that the legislation of Abkhazia does not provide for procedures of challenging decisions of the central electoral commission further aggravates the already difficult situation of Georgian electorate. All the aforementioned represent violation of article 32 of the Constitution of the Republic of Georgia, which provides for principle of equality of all citizens in their electoral rights regardless of their ethnic origin.

Holding of elections of Deputies to the Supreme Council of the Abkhaz ASSR through non-democratically and illegally elected central electoral commission determined the very unlawfulness of the elections from the very start.

Pursuant to Paragraph 13 of Article 1211 of the Constitution of the Republic of Georgia

I decree:

To terminate the execution of the decree issued on 20 July 1991 by the Presidium of Supreme Council of Abkhazian ASSR on “Creation of Central Electoral Commission for the Elections of Deputies to the Supreme Council of the Abkhaz ASSR” as it contradicts to the Constitution and the current legislation of the Republic of Georgia.

President of the Republic of Georgia Zviad Gamsakhurdia

5 August 1991

(Newspaper “Sakartvelos Respublica”, # 130, 7 August 1991)