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Successfully litigated cases by Human Rights Center (July, August, September and October, 2018)

21.11.2018

Supreme Court annulled the judgments of the Tbilisi City and Appellate Courts

On November 8, 2015, lawyer Giorgi Mdinaradze was in the Vake-Saburtalo district police unit N5 to perform his professional duties and defend rights of a juvenile detainee. He suggested the client to enjoy the right to silence that annoyed the head of the police unit Lasha Kvirkvaia; for that reason, Kvirkvaia physically assaulted the lawyer. The Tbilisi City Court found Lasha Kvirkvaia guilty only in the abuse of professional power and acquitted in the charge of violence. The court ruled 10 000 GEL bail as a penalty. The Tbilisi Appellate Court also upheld the decision of the first court. 

On October 26, the Supreme Court of Georgia found Lasha Kvirkvaia guilty in the action punishable under the Article 333 Part 3- “b” of the Criminal Code of Georgia and sentenced him to five-year imprisonment with the deprivation of the right to hold an official position for one year. The convicted former chief police officer was arrested in the court room

Human Rights Center positively evaluates the final decision of the Supreme Court of Georgia, which was based on the principle of Rule of Law. 

HRC lawyer represented Giorgi Mdinaradze in front of the common courts of Georgia. 

The Tbilisi Appellate Court Acquitted Former Political Prisoner B.K

Human Rights Center defended interests of the former political prisoner B.K, who was convicted for espionage under the Article 314 of the CCG based on the March 7, 2011 judgment of the Tbilisi City Court. In July 2018, the Tbilisi Appellate Court annulled the 2011 judgment and passed new decision – verdict of acquittal. 

The Ministry of Justice is ordered to pay compensation of 25 000 GEL for moral damage to a victim

Human Rights Center defended rights of the convicted G.J, who was declared victim of torture and inhuman treatment in two criminal cases committed in 2008-2011 in the Georgian penitentiary establishment. The torture significantly damaged his health. 

In 2018, the Tbilisi City Court satisfied the claim of HRC and ordered the Ministry of Corrections to pay compensation for moral damage in the amount of 25 000 GEL. The Ministry appealed the verdict in the Appellate Court but in October 2018 the Appellate Court upheld the decision of the first court.   

Ministry of Internal Affairs ordered to pay 5 000 GEL to the victim

Human Rights Center defended legal interests of B.R, who received victim status based on the November 24, 2014 verdict of the Tbilisi City Court. According to the 2014 judgment, she was victim of inhuman, degrading and ill-treatment from the side of former senior official of the MIA. HRC appealed the Tbilisi City Court and claimed compensation for moral and physical damage. 

In August 2018, the Tbilisi City Court satisfied the claim of HRC and ordered the MIA to pay 5 000 GEL to B.R as a compensation for the moral damage incurred as a result of degrading and inhuman treatment. 

Convicted woman B.R was early released from prison with the legal advocacy of the HRC lawyer

Human Rights Center defended interests of the convicted woman B.R, who was serving her term since 2016 in prison N5. In 2018, HRC petitioned the local council of the Ministry of Corrections with the request to early release B.R from prison. The Council considered all presented circumstances with regard to B.R’s case and made positive decision on her conditional early release. B.R has already left prison. 

Tbilisi Appellate Court upheld the decision of the Tbilisi City Court over illegal dismissal of a person from working place

HRC lawyer assisted I.T, who worked as a chief specialist in the administration of so-called South Ossetia. The head of the administration Dimitry Sanakoev fired I.T after the latter appealed the respective state body to react to the observed violations in the administration of South Ossetia. 

In 2018, the Tbilisi City Court satisfied the appeal of Human Rights Center, found the decision of the South Ossetia’s administration illegal and ordered to reconsider the case of I.T for the purpose of her restoration to the working place. The administration appealed the decision at the Tbilisi Appellate Court but the latter upheld the decision of the Tbilisi City Court. 

Human Rights Center defended the constitutional right of the citizen of Georgia to freely enter and travel in the territory of Georgia

Human Rights Center defended legal interests of the citizen of Georgia V.T, whose right to enter the territory of Georgia from Armenia was restricted since April 10, 2018 based on unclear reasons. On July 6, 2018 the HRC appealed the Ministry of Internal Affairs, Ministry of Foreign Affairs and Ministry of Justice of Georgia as well as the Public Defender of Georgia with regard to V.T’s case. 

On August 10, 2018, the MIA sent letter to HRC and notified that on August 4, 2018 V.T entered the territory of Georgia. 

With the legal aid of HRC, V.T managed to enjoy his constitutional rights. 

MIA is ordered to pay compensations to two victims of the dispersal in the amounts of 30 000 GEL and 5 000 GEL

HRC defended legal interests of G.G and Zh.G, who, based on the July 22, 2013 edict of the Chief Prosecutor’s Office of Georgia, were found victims of the dispersal of peaceful demonstration in the Rustaveli Avenue by riot police officers on May 26, 2011. On September 11, 2018 the Tbilisi Appellate Court considered the case of G.G and upheld the decision of the Tbilisi City Court, based on which the MIA was ordered to pay 30 000 GEL to G.G as compensation for moral damage. On September 20, 2018 the Tbilisi Appellate Court upheld the decision of the Tbilisi City Court and ordered the MIA to pay compensation in the amount of 5 000 GEL to Zh.G. 

Early release of the convicted person

Human Rights Center defended legal interests of the convicted D.M. Based on the petition of the HRC lawyer, in October 2018, the Western Georgia’s Third Local Council of the Ministry of Corrections repeatedly examined the case of D.M and freed him from prison. 

Human Rights Center defended property rights of the owner

N.M applied to HRC for help, who complained about the illegal misappropriation of her property. Neighbor, who is a police officer, broke into her house and tried to misappropriate her flat. The HRC lawyer appealed the National Bureau of Enforcement and requested to confirm the ownership of the woman over the property; the beneficiary needed the help of the patrol police too. Finally, the Court satisfied the claim of Human Rights Center and ordered the defendant to free the flat and assign it to the owner. 

The Gori District Court Stopped Administrative Litigation Commenced by the MIA Because of Insufficient Evidence

On August 3, 2018 the Gori District Court satisfied the claim of Human Rights Center and stopped administrative litigation against the director of the Community Radio Mosaic Gvantsa Doluashvili because of insufficient evidence. The Ministry of Internal Affairs of Georgia started administrative proceedings against Gvantsa Doluashvili for the inscriptions made in the streets of Gori, with which the authors requested effective investigation into Khorava street teen-age murder case in Tbilisi. The administrative body requested to find her guilty in the violation of the administrative law and to sanction her with 500 GEL. The statements of three police officers were the only evidence presented in front of the court, which were not considered by the court as sufficient evidence and stopped administrative proceedings. HRC’s Shida Kartli office represented Gvantsa Doluashvili in the court. 

The Gori District Court ordered the commission of the Gori municipality council to determine that the mayor unlawfully occupied the position

On October 17, 2018, the Gori District Court fully satisfied the claim of Beka Korchilava, the member of the fraction United National Movement in the municipal council, annulled the decision of the commission of the Gori municipal council and ordered the commission to determine that the Gori municipality mayor occupied the position unlawfully. Human Rights Center’s Shida Kartli office lawyer represented Beka Korchilava in front of the court. 

Various 

With the legal advocacy of the Shida Kartli and Kakheti offices of Human Rights Center, citizens received following legal assistance:
The Tbilisi Appellate Court partly changed the decision of the Gori District Court

On October 26, 2018 the Tbilisi Appellate Court partly changed the decision of the Gori District Court and found O.B guilty in the illegal purchase and possession of automatic guns and ammunition and was sentenced to imprisonment for one year and six months. With the gun, on June 11, 2017, mother and daughter, M.J and N.J, were murdered in Takhtisdziri village of Kareli municipality. The investigation is still going on over the murder case, where the HRC lawyer defends interests of the victim’s assignee. 

The decision of the National Agency of Public Registry was annulled

On July 19, 2018 the Gori District Court partly satisfied the administrative appeal of T.G and annulled the decision of the NAPR about the property registration of D.T, who was the third person in the case. HRC lawyer defended T.G’s interests in the court.

Ltd Sveti Development was ordered to return the paid money to the victim 

On August 7, 2018, the Tbilisi City Court fully satisfied the appeal of E.A, victim client of the building company Ltd Sveti Development and ordered the company to cease the contract agreement with her and return the paid money back. The Sveti Development was ordered to fully reimburse the paid money to E.A. HRC Shida Kartli office lawyer defended the interests of the victim in the court. 

Argument between the parents was solved in agreement to respect best interests of the child

Gurjaani district court considered the claim of M. Sh to determine the days to meet with his child. During three years after the divorce, M.Sh did not have communication with his child. The HRC Kakheti office lawyer represented the mother of the child in the court. The parties reached agreement in respect of best interests of the child.

Granting guardian’s status to a person 

With the legal advocacy of the Human Rights Center’s Kakheti office three persons received the status of guardian to assist their family members. In one case, the beneficiary could not receive pension as he did not have a guardian. In the second case, the beneficiary could not sell the property without guardian and in the third one the court satisfied the claim of the parent to be guardian of her disabled son. 

Determination of a legal fact

With the legal advocacy of the HRC Kakheti office two citizens managed to determine legal facts. In both cases, the applicants requested determination of the names of interested persons in the property documents. 

Declaring a person to a co-owner

On July 6, 2018 the Tbilisi Appellate Court annulled the decision of the Gurjaani district court, in which a man requested to evict his family members from the house; with the judgment of the Appellate Court the family members were declared co-owners of the house. 

Human Rights Center 

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