Ongoing activities in the Supreme Council of the Autonomous Republic of Adjara represents an attempt to seize the authority

18 March, 2015

The organization  “Young Barristers”  appeals to the elected members of the Supreme Council of the Autonomous Republic of Adjara, (hereinafter the Council)  for the protection  of the constitutional principles and the supremacy of the law and indicates , that the lately  activities of the Council , performed by some of the Council members, regarding the issue of the election of the vice- speaker of the Council,  obviously makes the impression of  disrespect of the Constitution of Adjara, otherwise this would mean nothing more, then the gross violation  of the constitution, due to the lack of knowledge  of the main legal document of the Autonomous Republic .

According to the statement of the lawyer of the “Young Barristers” , Anna Kiknadze, in accordance with the article 15 of the Constitution of Adjara, “ the Supreme Council of the Autonomous Republic of Adjara, elects the chairman of  the Council  and the Deputy Chairmen in term of its authority, in accordance with the regulations established by the rules of procedures of the Council, by means of secret ballot ,  with the support of more then half of enlisted  members of the Council ” . In the present case, election of the Chairman and  Deputy Chairmen needs to be supported by  votes of at least  11 Council members , while the election of Jemal Futkaradze for the position of  the Chairman of the Council in March 2015, with only 8 votes, is an unconstitutional act, and therefore is out of the sphere  of political debates.  

According to the appraisal of the “Young Barristers”, the action carried out in the Council of Adjara in March 13, 2015, can also be qualified as a violation of the article 5 of the Constitution of Georgia. According to the Constitution of Georgia, that  prevails over the Constitution of the Autonomous Republic of Adjara, : “ no one shall have the right to seize the authority or usurp it”.  The deputies of the Council of Adjara held arbitrary session , declared  candidate for the position of vice-speaker elected , regardless the insufficient support, and informed the society, by means of media resources, of the fact that, the  Council had new, legally elected  ruling . Therefore, actions mentioned  above need proper legal analyze , due to the existence of the threat of   so called  “diarchy ” in the country.  

The “Young Barristers” appeals to the society and calls for objective legal assessments  of  ongoing actions in the Counsil. The organization does not exclude, that  in the future  struggle  for the  political power , Constitution of Adjara and Georgian legislation regarding the rules of procedures  of the  Supreme Council , is likely to be neglected.  In connection with this issue, the organization discusses the possibility of raising the case of  legal liability of certain officials. 



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