10:39, Thursday, 18.10.2018
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Successfully litigated cases by Human Rights Center (March, April, May and June)

17.07.2018

Ministry of Corrections ordered to pay compensation to the victim of torture and inhuman treatment 

Human Rights Center appealed the Tbilisi City Court to defend interests of the convicted G.J. 
In 2008-2011, G.J was victim of torture and inhuman treatment in the penitentiary establishment, for what his physical and psychic health conditions were significantly damaged. The Tbilisi City Court satisfied the claim of Human Rights Center and ordered the Ministry of Corrections to pay 25 000 GEL to the victim as a compensation for moral damage. 

Adequate Response to the Use of Disproportionate Force and Violence against Citizens from the side of the Ministry of Internal Affairs  

HRC appealed the administrative case panel of the Tbilisi City Court against the Ministry of Internal Affairs and claimed compensation for moral and material damage of L.G. In its appeal, the organization alleged that during the dispersal of May 26, 2011 protest demonstration, riot police officers of the MIA used disproportionate physical force and special weapon that caused physical and moral pain of L.G. On July 22, 2013 the chief prosecutor’s office granted victim status to L.G. The Tbilisi City Court satisfied the claim of HRC and ordered the MIA to pay 2 500 GEL to the victim as a compensation. 

Legal Consequences on the fact of physical violence committed by Kaspi police officers 

HRC Shida Kartli office lawyer defended interests of Z. F, who was victim of physical violence from the side of police officers. On October 18, 2017, Gori district court found three former officers of the Kaspi police unit guilty in the physical harassment of Z.F. According to the verdict, each convicted had to pay fine of GEL 2 000 and was prohibited to occupy any position for 1 year and 6 months. The defense side appealed the verdict in the Tbilisi Appeal Court. The latter did not satisfy the claim of the defense side and upheld the decision of the Gori district court. 

Disciplinary liability imposed on five officers of MIA

HRC lawyer defends interests of Zaza Saralidze, victim in the Khorava street teen-murder case of December 1, 2017. Police officers harassed Zaza Saralidze’s friend and supporter Z.K in the inn of the Tbilisi City Court, where he was having a lunch during the break of the court hearing. The police officers took him to the courtroom with force. 

With the legal advocacy of HRC lawyer Nestan Londaridze, Zaza Saralidze and Z.K addressed the General Inspection of MIA with regard to the incidents in the canteen of the Tbilisi City Court. 

As a result of the internal survey of the General Inspection of the MIA, five police officers committed disciplinary offence and disciplinary sanctions were used against them. Namely: four officers received reprimand and the senior officer received severe reprimand for the failure to implement professional duties and negligence towards professional duties.  

HRC Defended Constitutional Rights of the Citizen of Georgia to Enter and Move in the Territory of Georgia without Barriers

HRC lawyer has been defending the rights of the Georgian citizen L.A since 2016. In 2017 too, L.A was several times restricted to enjoy his constitutional right, guaranteed under the Article 22 Paragraph 4 of the Constitution of Georgia and ensures free entry into the territory of Georgia. The Georgian border officers did not allow L.A to enter the territory of Georgia without any legal clarifications; moreover, they demanded him to leave the Georgian border. With the legal advocacy of HRC, in June 2018, L.A managed to enjoy his constitutional right and entered the territory of Georgia and can freely move around the country. 

Tbilisi City Court ordered the administration of South Ossetia to annul the individual administrative act against its former employee

HRC lawyer defended rights of I.T, former chief specialist of the administration of South Ossetia. Former head of the administration Dimitry Sanakoev fired her after I.T appealed the respective state institutions over the violations in the South Ossetia’s administration. With legal advocacy of HRC, the Tbilisi City Court found the decision of the administration illegal and ordered them to issue a new order and restore I.T to her old position. 

Tbilisi City Court annulled the protocol on administrative violation issued by the patrol police officers

Administrative panel of the Tbilisi City Court satisfied the appeal of Human Rights Center and annulled the protocol of the patrol police on administrative violation. Consequently, the Court restored the right of the citizen of India M.K.R to use driving license in Georgia. It is noteworthy that patrol police officers tested the citizen of India on alcohol four times but none of them showed that he was drunk. Despite that, the patrol police illegally seized driving license from him. 

Legal dispute between journalist and deputy mayor finished with agreement

HRC Shida Kartli office lawyer defended interest of the TV-Company Trialeti’s journalist against the deputy mayor G.K, who disseminated wrong information about the journalist in his September 21, 2017 interview. On April 26, 2018 the parties reached agreement in the Gori district court, according to which the deputy mayor declared readiness to deny the information about the journalist. The journalist cancelled his claim in the court, where he requested the deputy mayor to pay 3 000 GEL as a compensation for moral damage. 

Ramp and staircase will be arranged for the person with disabilities 

HRC continues defense of the rights of people with disabilities. In November 2017, HRC petitioned the Public Registration Agency and the architect service of the Tbilisi City Hall to arrange an adapted staircase and ramp for the disabled A.M, former soldier, who received an accommodation from the Ministry of Defense. The City Hall satisfied the petition and the requested infrastructure will be arranged in the residential building where A.M is living. HRC welcomes the positive decision of the City Hall. 

Ministry of IDPs from the Occupied Territories, Accommodation and Refugees is ordered to issue individual legal act

HRC effectively defends the rights of IDPs. Internally displaced person as a result of 2008 armed conflict applied HRC for help, whom the Ministry refused to grant IDP status. The Ministry did not study full information about the residential place of the status-seeker. HRC lawyer appealed the Tbilisi City Court and requested annulment of the act of the Ministry. The Court completely satisfied the HRC appeal.

Appeal of eco-migrant against the Ministry of IDPs was fully satisfied 

HRC Shida Kartli office lawyer defended legal interests of eco-migrant in his dispute against the Ministry of IDPs from the Occupied Territories in the Tbilisi Appeal Court. The administrative case panel fully satisfied the appeal statement, annulled the decision of the Tbilisi City Court and ordered the Ministry to substantially consider the application of M.M, who requests accommodation based on recently discovered new circumstance. 

A person received victim status 

HRC Shida Kartli office worked on the case of physical assault of I.B, resident of Kaspi municipality. The criminal case was launched under Article 126 of the Criminal Code of Georgia. As a result of HRC lawyer’s advocacy, the victim was expertise. The Court imposed a bail of 3 000 GEL on the defendant G.N. On April 17, 2018, the Gori district court passed guilty verdict and found G.N guilty in the minor damage of G.N’s health. The court sentenced the defendant to 1 year imprisonment. Regardless the legal consequences in the case, HRC is concerned about one issue: a patrol police officer verbally insulted the wife of the physically assaulted person. Initially, the wife, M. B submitted a complaint to the General Inspection of the MIA but later withdrew it back. HRC believes it is inadmissible that patrol police officers acted unlawfully. 

Person suspected in the robbery of underage disabled person was sentenced to 4-year imprisonment

HRC Kakheti office lawyer defended interests of underage victim B.M in the criminal case over robbery. His sister was robbed, who is disabled person. Defendant K.K was sentenced to 4 year-imprisonment.

Conflict between parents finished with agreement in respect to the best interests of the child

With the legal aid of the HRC Kakheti office lawyer the dispute between the parents finished in respect of the best interests of the child. HRC lawyer represented the father in the dispute, who did not allow the mother to meet the child, who wanted to determine days to meet the child. The lawyer mediated between the parents and finally the conflict finished with agreement. Concrete days were determined when the mother will be able to see the child. 

Other cases:

With the legal advocacy of HRC Kakheti office the following cases were successfully litigated:
  • a person received status of co-owner;
  • in 4 cases applicants managed to determine fact of ownership and consequently managed to register their properties;
  • in 5 cases applicants managed to receive status of supporter of disabled family members/relatives and can get their pensions or/and represent them in administrative bodies, public registry, physical and legal entities and court;
With the legal advocacy of HRC Shida Kartli office, the following cases were successfully litigated:
  • 1 applicant managed to reduce the amount of alimony, as the court took his financial situation into account and imposed payment of 120 GEL instead of initially requested 200 GEL as an alimony for his underage child;
  • in 1 case, applicant won trial against Ltd, EuroCredit, who, as a deposit holder, will now get his deposit back.
  • in 1 case applicant managed to receive status of supporter of disabled family members/relatives.

Human Rights Center 

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