Categories
Journalistic Survey
Articles
Reportage
Analitic
Photo Reportage
Exclusive
Interview
Foreign Media about Georgia
Editorial
Position
Reader's opinion
Blog
Themes
Children's Rights
Women's Rights
Justice
Refugees/IDPs
Minorities
Media
Army
Health
Corruption
Elections
Education
Penitentiary
Religion
Others

Government Prohibits Georgian Citizens to Seek Justice in Strasbourg Court

June 23, 2010
In order not to create obstacles for the citizens of Georgia to seek justice in the Strasbourg Court, the member of the Christian-Democrat Party Nika Laliashvili requests to abolish the Article 34 of the Administrative Procedural Code. The Article 34, which regulates appeal and cassation procedures of the judgment, deprives the right to find justice. The leader of the Christian-Democrat Party intends to appeal to the Constitutional Court of Georgia to abolish the Article 34.

“This article contradicts the Constitution of Georgia and completely ignores the European Convention because it does not grant supreme legal power to the convention regarding the local normative acts. It means, if the European Court of Human Rights finds the decision of the Georgian court illegal, it cannot be enough ground to restore the breached right of the citizen,” said Laliashvili.

Head of the non-governmental organization Human Rights Priority Lia Mukhashavria completely agrees with the position of Laliashvili.

“The Article 34 of the Administrative Procedural Code has become anti-constitutional after the amendments were introduced to the Code as a result of which the judgment of the European Court has become a newly discovered circumstance. That means, after the European Court passes verdict on the particular case, the Georgian court will discuss the judgment again and the final decision will be taken by the same administrative body whose decision was declared illegal by the Strasbourg Court. Thus, the decision of the European Court will not be executed. It is an example of dangerous policy of the government,” said Lia Mukhashavria.

Madlen Macharashvili, “New 7 Days”

News