Whom does Kandashvili really serve? Lawyers speak of pressure, manipulation, and predetermined outcomes.

Elections will be held at the Bar Association on December 13th and 14th, in which, in addition to the members of the governing bodies, the president will also be elected. Six candidates have been nominated for the vacant presidency. Normally, due to the nature of this profession, the Bar Association elections receive little public attention. This year, however, the events surrounding one of the controversial candidates for president have brought this election into the public eye.

The case concerns lawyer Irakli Kandashvili, who is also the chairman of the Georgian Mediators Association. He is among those who have submitted their candidacy for the chairmanship of the Bar Association. It was already considered within the Bar Association that he was the preferred and supported candidate of the "Georgian Dreams" party. Furthermore, it is being discussed that Kandashvili is a friend of the current chairman, Davit Asatiani, who is also considered within legal circles to be supported by "Georgian Dreams" and whose election in 2017 was likewise amidst heated debates and conflicts.

This assessment gained particular significance after Kandashvili gave an interview to journalist Telara Gelantia on the BMGTV program “Tsertili”.

What did we hear in the interview?

Journalist: "Did 'Georgian Dreams' violate Article 78 of the Georgian Constitution when it declared on November 28 that it would forgo EU integration until 2028?"

Kandashvili: “I choose Europe. But whether or not the constitution has been violated from a legal point of view – that comes down to individual assessments. A lawyer has to base his judgment on documents. About two weeks ago, a specific document was published stating that the European Union has suspended the question of integration with the Georgian state. When a statement was issued on this matter on November 28th of last year, I personally did not have this information.” – said Kandashvili [style retained].

When the journalist further pointed out that the country had gone through many stages by November 28th, including the EU's 9 and 12 recommendations, which had not been implemented, Kandashvili replied: "If we are in political discourse, we can talk about that. I don't make political assessments, I am a lawyer."

In the same interview, Kandashvili stated that Georgia is currently on the path to EU integration. One of the candidates for the presidency of the Bar Association made this statement against the backdrop of over a year of continuous protests by Georgian citizens denouncing the policies of the "Georgian Dream" and the country's departure from a European course, while the oligarchs' team responded by passing draconian laws and beating and arresting demonstrators.

"The bar association is preparing for election fraud" – what does Kandashvili's rival say? Open accusations and confrontation.

One of the candidates for the presidency of the Bar Association is Mukhran Gurtskaia . He openly states that Kandashvili is the preferred candidate of the "Georgian Dream" party. What arguments and evidence does he have for this? Tiflis24.de conducted an in-depth interview with him.

Tiflis24: "What factors and reasonable doubts lead you to believe that Irakli Kandashvili is the preferred candidate of 'Georgian Dreams'?"

Mukhran Gurtskaia: “Irakli Kandashvili is the candidate supported by the Bar Association; that’s a fact. Kandashvili was a member of the Bar Association’s Executive Council for many years – both during Davit Asatiani’s tenure and before. He also conducts training courses on mediation.”

When I traveled to the regions to meet with lawyers, he held training sessions concurrently with my meetings, so that the lawyers wouldn't come to me. The bar association scheduled training sessions with Irakli Kandashvili's participation, but in reality, these weren't training sessions at all, but rather campaign events. This was done using the bar association's resources—including hotel and catering—as if he were conducting training sessions, when in reality they were campaign events. When the bar association places a particular candidate in such a privileged position—what else can you think?

When he promises candidates today, "I will do this and that"—he was a member of the Executive Council for years. Why didn't he do it then? The Executive Council makes the decisions in the Chamber. I believe the Chamber is openly lobbying him.

Tiflis24: “What is the relationship between Kandashvili and the current chairman of the chamber, Davit Asatiani, who is considered in certain legal circles to be the ‘candidate of Georgian dreams’?”

Mukhran Gurtskaia: “They are friends. According to my information, Asatiani openly tells chamber members to support Kandashvili. That's precisely why the chamber is calling lawyers and urging them to attend meetings with Kandashvili. The coordinator calls and says there's a meeting with Kandashvili. Why doesn't he call and say there's a meeting with Mukhran Gurtskaia or with Irakli Tshomakhashvili? Why doesn't he inform people if he wants to put us all on an equal footing? The chamber belongs to everyone and must be neutral and not favor any candidate. The chamber wants Kandashvili to be its successor. But in reality, they have no supporters. The main goal is to organize a so-called carousel in the elections.”

Tiflis24: "What did you demand of the Chamber to minimize the mechanisms of election fraud in the Chamber elections, and what was the result?"

Mukhran Gurtskaia: “None of our key demands were met at the Executive Council meeting. It was not in their interest. Here’s what happened:

1. The Mandates Committee – it consists of 30 people, whose composition is entirely determined by the president of the Bar Association. We were told that 18 of them are staff members and that we would recruit the rest – we don't know who these people are. On December 13th, they are supposed to participate in the election of the Vote Counting Committee. We elect the 15-member Vote Counting Committee via the online portal, but the Mandates Committee announces the results. None of us candidates has even a single representative on this committee – can you imagine that? How these people will count the lawyers' votes is completely uncontrollable, regardless of whether there's an online portal or not. These 30 people will also be involved in the election process on December 14th.

2. Observers – originally only one observer was planned, and after a hard-fought battle, we secured four. How are these four observers supposed to monitor 18 devices?

3. 'Carousel' – there are lawyers whose membership is suspended, but who still have an ID card. Those who don't attend can have their ID cards given to anyone who enters with a valid ID. If you don't have a committee member with you, no one checks anything. An observer alone can't verify everything. This person comes with an ID card and an ID card – even if the ID card belongs to someone else – the nominations committee won't check it, and the ballot ends up in the ballot box. This is the carousel that can be used to drum up votes for a specific candidate. That's why we demanded that candidates have representatives on the nominations committee.

"Based precisely on this information, we say that the Chamber is preparing to falsify the elections. They have practically no supporters, so the more people who turn out to vote, the better. It's clear from the meetings that Kandashvili doesn't have much support among lawyers. The Chamber wants the election to go in Kandashvili's favor."

Tiflis24: "How do you think the work of the Bar Association will continue if Kandashvili wins?"

Mukhran Gurtskaia: “It’s unacceptable that a candidate for the presidency of the Bar Association is asked whether a 5,000 Lari fine for blocking roads is justified, and he replies, ‘That depends on the legitimate aim.’ No matter how legitimate the aim may be, people cannot be punished for blocking a road, and secondly, there can be no criminal liability for it. If he has no position on whether or not Article 78 of the Constitution has been violated, and doesn’t state this clearly, how can such a candidate defend the rights of lawyers when necessary? Perhaps he’s afraid of upsetting the Bar Association president and his support team, and that’s why he’s remaining silent. But if that’s truly his stance, it’s a very bad sign.”

If Kandashvili wins, the status quo will not even be maintained in the Chamber – the organization's activities will stagnate.”

Kandashvili's final presentation at Tbilisi State University

On December 6, Irakli Kandashvili held his final campaign event, presenting his platform, in the Great Hall of Building I of Tbilisi State University (TSU) . He is the only candidate whose platform presentation took place at Tbilisi State University. To clarify the details, we contacted the university's rector, Jaba Samushia.

Link to the announcement : https://www.facebook.com/irakli.kandashvili/posts/pfbid03KgFUKTGCo6Y91qM9Co7bLiwKZFvS5hb79YdK8DY58iUMMDV3MYrGpD2ZKrbagKGl

Jaba Samushia: “I’m not familiar with the details. It’s possible the hall was rented, but I can’t say for sure. We have this practice. There’s no other way to make a hall available. I don’t know the specifics. It’s rented by the hour, provided the hall is free. The event must be connected to university life in some way.”

Tiflis24: "What connection does the presentation of a candidate's election program for the presidency of the Chamber have with university life?"

“Well, if you consider the future lawyers at the state university – probably, I don’t know. I can confirm directly that I really know nothing about this specific process. Contact the administration,” Jaba Samuschia told Tiflis24.

What do lawyers think?

There are also question marks surrounding Irakli Kandashvili among practicing lawyers who are scheduled to participate in the chamber elections on December 13th and 14th and cast their votes for one of the candidates. Among them is lawyer Shota Tutberidze , who has defended the rights of numerous citizens arrested at pro-European demonstrations over the past year and a half.

Tiflis24: “Irakli Kandashvili is one of the candidates for the chairmanship of the chamber, whose candidacy and neutrality have been openly questioned by a rival candidate. What is your position as a lawyer regarding these ongoing events?”

Shota Tutberidze: “I know all the candidates personally, including Mr. Kandashvili. When I saw his interview with BM.GE , I felt uneasy and what one might call vicarious embarrassment. I don't have such a low opinion of Irkli's qualifications that he wouldn't know how human rights are violated in Georgia, even at the legislative level. Nevertheless, he remained silent even when assessing a normative act and tried to evade the question. This leads to disappointment and embarrassing shame.”

Another reason for this evasiveness could be that he doesn't want to express his own opinion to certain people and is concealing his position. I'm sure he's well aware that the role of lawyers in the Georgian justice system is being trampled on by the state – partly due to bias within the courts. He probably doesn't want to upset those within the chamber who might have different political preferences.

If a candidate for the chairmanship of the chamber believes that expressing his own opinion could harm his election result – why does he even participate in the election?”

“When I saw Kandashvili’s interview, I had the exact same feeling as with spokespeople from ‘Georgian Dreams’ who try to avoid taking a position on the street beatings and repressive laws, and whose faces clearly show what the right position would be, but who lack the courage to say it. They want to maintain their position while simultaneously receiving direct benefits from the ruling party, and therefore refrain from telling the truth and expressing their thoughts. Irakli also gave such an impression, and one can certainly assume that his goal was not to upset the group with clear political preferences.”

They know that interest in this election is very high not only among lawyers, but also within the State Security Service (SUS) and other state institutions. Unfortunately, political processes also influence the chamber elections, and the state is interested in having its own man as chairman.

Tiflis24: “Leaving this interview behind us – are there any further arguments that lead you to believe that Irakli Kandashvili could be a government candidate?”

Shota Tutberidze: “There are many indicators that lead me to believe that Kandashvili is perhaps the most desirable candidate for those state structures that are trying to influence the elections. This includes the people who support him in the Chamber. The Chamber has pursued a policy of non-provocation in recent years, at least… Mr. Irakli will likely continue this line, and if he is elected, this will continue.”

We must not forget that lawyers are ordinary citizens. I have never encountered Mr. Irakli's civic stance – not a single critical comment on the numerous legal violations, injustices, and constitutional infringements that have become very common in Georgia recently. For example, when Beka Basilaja was arrested and couldn't be found – he was effectively kidnapped – when he was later beaten, when Davit Ebralidze was arrested twice, and when I myself was arrested twice – unfortunately, I heard no response from either the bar association or Mr. Irakli.

Tiflis24: "Based solely on the composition of his supporters, you conclude that Kandashvili is the preferred candidate of 'Georgian Dreams'. Can you elaborate on who you mean?"

Shota Tutberidze: “Generally speaking, I can say that the current leaders of the Chamber, in my opinion, have very close ties to ‘Georgian Dreams.’ Davit Asatiani is the only one whose first and last name I can directly mention who accompanied the candidates during their program presentations. Moreover, lawyers of all political persuasions, colleagues with whom I am in contact, consider Kandashvili to be Asatiani’s heir.”

Tiflis24: “Kandashvili has never been a lawyer for people who were administratively detained during pro-European demonstrations. His candidacy is also relatively unknown to the public. Tell us: What does he do, what is he known for in professional circles?”

Shota Tutberidze: “Irakli Kandashvili is the founder of the Mediators Association in Georgia. The Mediators Association is an organization that I can say is one of the first to have received funding from foreign donors. International support played a very significant role in the founding of this organization.”

To this day, Kandashvili has not publicly taken a stand against the hostile rhetoric directed at our Western partner countries. He is a mediator in mediation institutions in other countries, and I have never seen a public statement from him against the hostile policies towards our partners. How can a person remain silent in the face of this if they don't have a specific motivation? This motivation is clear in Kandashvili's case – he has a political agenda within which he cannot criticize the political power.

To gain a deeper understanding of the assessment of Kandashvili's candidacy, we contacted another lawyer, Thornike Migineishvili . Like Shota Tutberidze , he is also one of those human rights defenders who represent the rights of people arrested at pro-European demonstrations in the courts.

Tiflis24: “First, we ask you to evaluate the interview with Irakli Kandashvili in which he is asked about the violation of Article 78 of the Constitution. What did you see – or not see – in his answer?”

Photo credit: Netgazeti

Thornike Migineishvili: “Last year, we witnessed a completely silent chamber, which should have been the loudest at that time. Regarding Kandashvili: not only in the event of his election, but even before the election, he has not taken a clear position – not politically, but from a purely legal standpoint. If the question of whether Article 78 of the Constitution has been violated were not a legal question, it would not be debated in court, there would not be numerous lawsuits, and there would not be several complaints before the European Court of Justice based on this article.”

In this context, I interpret Kandashvili's answers more as evasion than as an attempt to present the topic as a political discussion.

Tiflis24: “ If you believe he evaded the question about the violation of the European integration path – who or what was he evading?”

Thornike Migineishvili: “It’s easy to explain why someone might avoid such a question. First, their views probably align with those of the ruling party, and they don’t want their answers to contradict their position. Second, and even worse, they might actually believe that this article hasn’t been violated. Both are tragic.”

If you, as a lawyer, believe this, it's a tragedy. If you don't believe it, but are forced in this situation to pretend – then it's hard to imagine what might happen in the coming years when you're chairman.”

Tiflis24: "Can you tell us more about Kandashvili's professional activities, what path he has taken in recent years?"

Thornike Migineishvili: “For a year now, I have been actively involved in both administrative and criminal proceedings. I have never seen him anywhere. I have never seen him show any solidarity with the people affected by these proceedings. I have never seen a single statement of support from him. Despite my active involvement, I have never encountered anything like this from him.”

Tiflis24: "How do you think the Chamber's activities will continue if Kandashvili wins the election?"

Thornike Migineishvili: “I consider it a tragedy when a person in such a position is at the head of the chamber. In the worst case, I see the chamber in an even worse state under his leadership than it is today.”

Kandasvilis' student on his own lecturer

Tiflis24 also conducted another interview with a student of Irakli Kandashvili – the law lecturer, Archil Jangirashvili.

Tiflis24: “Archil, as a student of Kandashvili, what is your position on his interview in which he is asked about violating the constitution and he does not express a clear opinion?”

Archil Jangirashvili: “He doesn’t say ‘no,’ he says nothing at all! Irakli Kandashvili was actually my professor, and I therefore know perfectly well that he could say whether Article 78 had been violated or not. The question is, why didn’t he say so? My answer to that is this: Today, the system is designed in such a way that one wants to be as close to the state as possible – that’s why the Chamber is unacceptable to me.”

Kandashvili is not the type of lawyer who doesn't understand whether Article 78 has been violated or not. His response was: 'I will not engage in political discussions.' The Constitution is the supreme normative act of the country, and we lawyers also use it as a standard for action in specific cases. Why should it be difficult for a candidate to say whether Article 78 has been violated or not? He knows, I am convinced of that, but he doesn't want to upset certain people – and everyone knows who those people are.

Tiflis24: “Tell us who he didn’t want to upset. There’s a theory that he’s a government candidate.”

Archil Jangirashvili: “No one can prove this directly. Formally, he is a private individual, works in the private sector, in mediation, and is not directly financially dependent on the state. Direct connections cannot be established. But one can ask a simple question: Why should it be difficult for a lawyer to assess a constitutional article? It was a very simple question – if you don't want to say this publicly today, who are you afraid of upsetting? If we agree that Article 78 has been violated, then that is a fact!”

As a lawyer, I find it unacceptable that he presents this question as the subject of a political evaluation – it is not a political issue, but a legal one.”

Tiflis24: "How do you envision the future work of the Chamber if Kandashvili is elected?"

Archil Jangirashvili: “I don’t know whether Kandashvili will be elected or not. But I think that when students look at him, a lawyer has to demonstrate something not only in terms of his expertise, but also in terms of his values. To simply say that this is ‘a matter of political judgment’ is unacceptable to me.”

Position of Tiflis24:

Given that our interlocutors openly describe one of the candidates for the chairmanship of the bar association, Irakli Kandashvili, as a person with political affiliation in connection with the upcoming elections, it was a matter of course for us to offer him a platform so that his position could also be presented in this article.

To this end, we called Irakli Kandashvili and offered to answer all questions and address all accusations. However, he declined this offer.

We openly declare that our editorial team faced no moral, ethical or other dilemma whatsoever in making Kandashvili's viewpoint accessible to the public.