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Successful Litigation Cases of Human Rights Center (March, April, May, June, 2017)

29.07.2017

 
Dashgin and Orkhan Agalarls Will not Be Expelled from Georgia 
 
Human Rights Center defends interests of Dashgin Agalarl, who is a member of the opposition political party Musavat in Azerbaijan. He was persecuted by the Azerbaijani authority for years because of his political views and criticism of the government’s policy. Dashgin Agalarl and his son, Orkhan Agalarl have been living in Georgia since 2014 and seek refugee status here.
 
The Ministry of IDPs, Accommodation and Refugees of Georgia and then the Appeal Court refused the Agalarls to grant refugee status. Consequently, they because absolutely unprotected and there was real threat of their expelling from the country.
 
With the legal aid of Human Rights Center, in June 2017, Dashgin and Orkhan Agalarls received one-year temporary residence permit in Georgia, based on which they will not be expelled from Georgia. The temporary identification document creates basis of not expelling them from the country. 
 
Cases of Deceased Patients at the Medical Clinic Lancet 
 
Human Rights Center defends interests of the family members of G.Ch and K.K, deceased as a result of liver transplantation in the medical clinic Lancet. 
 
Illegal medical activities in the Clinic Lancet resulted into the death of several patients. 
 
Human Rights Center addressed the Chief Prosecutor’s Office and requested to study the death facts of the patients in the clinic, to probe illegal medical activities of the doctors and adequately respond to the violations.
 
Based on the petition of the HRC lawyer, the Tbilisi prosecutor’s office commenced investigation into alleged crime committed in the Lancet. 
 
Based on the judgment of the Tbilisi City Court, the Chief Prosecutor’s Office of Georgia arrested the director of the Ltd Lancet F.J for the misappropriation of particularly large amount of money and for hiding the information about the life-threatening circumstances in the clinic; the crimes are punishable under Article 180 Part III and Article 247 Part I of the Criminal Code of Georgia. 
 
At the same time, based on the petition of Human Rights Center, the National Agency Regulating Medical Activities forbade the clinic to carry out transplantation operations. 
 
The Citizen Had His Pension Restored 
 
Resident of Vazisubani village, Gurjaani municipality I.B had status of disabled person and received the pension in accordance to his status. Gurjaani municipal office of the Social Service Agency refused him to renew the social package because of inaccuracy of the father’s name in his documents. The applicant was demanded to provide the court decision on the validity of documents.
 
With the legal aid of Human Rights Center’s Kakheti office, I.B appealed the Gurjaani municipal court, which satisfied his claim. Having provided the court decision, the social agency renewed the pension of the applicant. 
 
President Pardoned Female Prisoner with Grave Health Problems 
 
Human Rights Center provided the female inmate of the prison # 5 M.D with legal aid. She had grave health problems which caused frequent breaks of the bones. She could move only by wheelchair in the prison facility. Having fallen on the prison stairs, she had the leg badly broken and had to stay in bed for 6 months.
 
With the legal aid of Human Rights Center, the convicted woman petitioned the President of Georgia for pardon considering her health conditions; the President satisfied the petition and M.D was released under the pardon act. 
 
The Mother Will Be Able to Visit Her Disabled Son in Georgia
 
Based on the documentation the Human Rights Center submitted to the Tbilisi City Hall and the Ministry of Justice, the resident of Russia, who was born in Georgia, managed to estimate her birth fact in Georgia and received the Georgian citizenship. M.M could not visit her disabled son in Georgia for years because she could not get the necessary documents to arrive here. With the legal aid of Human Rights Center, M.M already holds Georgian citizenship and she can return to Georgia.
 
Citizen Will Receive 17-years-old Debt Back 
 
Human Rights Center’s Shida Kartli office defended the interests of J.G, resident of Gori, who had sold apple to a person in 2000 for 2 000 USD and the client had to pay the money later. Although J.G several times requested the client to pay the money, the latter did not keep his promise. HRC lawyer assisted J.G to appeal the court. On March 21, the Court finished substantial discussion of the case, and the applicant reduced the requested amount of money to 1150 USD.
 
On March 31, the Gori district court partly satisfied the claim of J.G and ordered the defendant side to pay 1110 USD to the claimant. 
 
The Employer Agreed on the Claim of the Employee
 
From August, 2016, Human Rights Center has been processing the case on salary reimbursement of V.D, resident of Shashiani village in Gurjaani municipality.
 
On January 22, 2015 Russian citizen V.D and director of one of the LTDs in Georgia signed a labor contract based on which V.D was appointed to the position of the driver-expeditor. He was responsible to serve the employer by the vehicle and trailer. He had to transport the cargo to Europe and CSI countries.  Instead the employer took responsibility to pay monthly salary in the amount of 700 GEL. Because of problems in paying the salary V.D had to quit the job. He could not reach the agreement with the employer [about the adequate payment of salary]. 
 
Human Rights Center’s lawyer prepared the lawsuit and solicited sequestration of the Ltd’s bank account that was satisfied by the court. The defendant side filed counter-claim to the court and appealed the decision of the first instance court in the Appeal Court. 
 
On June 7, 2017, at the main session at the Appeal Court, the former employer expressed readiness to finish the dispute with agreement. The parties agreed that the salary debt will be paid to the HRC beneficiary immediately and the court process was dropped.
 
Dispute about Property Rights
 
Human Rights Center’s Kakheti office defended the interests of N.N in the administrative case against the Public Registration National Agency and the JSC Georgian Railway. The dispute had started on March 30, 2015. 
 
The JSC Georgian Railway registered the plot together with the building on it as its property, including the building, which N.N had purchased on the auction but was not electronically registered in the Public Registry. With the legal advocacy of Human Rights Center, N. N appealed the Gurjaani municipal court but the latter did not satisfy the appeal of the HRC. Consequently, Human Rights Center appealed the judgment of the municipal court at the Tbilisi Appeal Court and requested to annul the decision of the first court as well as annulment of the decision of the Public Registry, based on which the building of the applicant was registered as the property of the Georgian Railway. 
 
With its June 14, 2017 judgment, the Appeal Court annulled the decision of the Gurjaani municipal court and passed new verdict, based on which all decisions of the Gurjaani Registration Agency with regard to the disputed building were annulled. The Registration Agency was ordered to renew the case study based on N.N’s application and issue new decision about the property registration. 
 
Others 
 
  • With the legal aid of Human Rights Center, Tbilisi City Court’s Administrative Collegium acquitted G.V in the administrative charge imposed under the Article 166 of the administrative code of Georgia (minor hooliganism) based on which he was arrested by police.
  • The local councils discussing the cases of women prisoners satisfied the solicitation of Human Rights Center and early-released convicted G.Ch.
  • The President of Georgia satisfied the petition of Human Rights Center and based on the pardon act the convicted I.Ts had his imprisonment term reduced at 2/3. The convicted person can already enjoy all rights under the law, including the right to apply for early conditional release.
  • The Social Service of Georgia satisfied the claim of Human Rights Center’s lawyer based on which L.K managed to gain her biological child back, who had lived in the orphanage. 
  • The Tbilisi City Court satisfied the claim of D.G against the Ministry of Economics and Sustainable Development of Georgia. The Ministry had registered the property of D.G through violation of the law. With the legal aid of Human Rights Center, the Tbilisi City Court annulled the decision of the Property Management National Agency and the Decree of the Minister of Economics. 
 

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