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Successfully litigated cases by HRC (November, December 2018 and January, February, 2019)

13.03.2019

The Constitutional Court satisfied the constitutional lawsuit of Human Rights Center 

On December 14, 2018, the Constitutional Court of Georgia fully satisfied the constitutional lawsuit #1229 Kh.K vs the Parliament of Georgia, which was prepared by Human Rights Center and submitted on May 30, 2017 and declared the disputed norms unlawfully restricted the rights to fair trial and equality; the Constitutional Court declared them unconstitutional with respect to the Articles 14 and 42 of the Constitution of Georgia. 

In accordance to the disputed norms, prosecutor’s resolution on refusing the person to be victim in less grave and grave crimes and the prosecutor’s resolution on annulling the victim status shall not be appealed in the court. It violates the right of an individual to defend his/her rights via court litigation (Article 42 of the Constitution). At the same time, victims of the particularly grave crimes could appeal the prosecutor’s resolution in the first instance court. Similar regulations placed the victims of grave and less grave crimes in unequal conditions that contradicted the equality of arms. The Constitutional Court ruled that on the one hand the desire to appeal the prosecutor’s resolution in the court, and on the other hand, necessity to respect discrimination-free relationship, was above its goal – to prevent the court from overload. 
 
Considering the abovementioned, the Constitutional Court ruled that the disputed norms restricted the right to fair trial and principle of equality of arms and declared them unconstitutional.
 
The Court annulled the decision of the council on early conditional release

In December 2018, the Tbilisi City Court satisfied the claim of Human Rights Center and annulled the negative decision of the local council of the Eastern Georgia of the Penitentiary Service at the Ministry of Justice on early release of the convicted Z.J. 

In June 2018, the Eastern Georgia’s local council discussed the application of Z.J on early release without hearing his position. As a result of this procedural violation, the council refused Z.J to be early released from prison. With the legal advocacy of HRC, the Tbilisi City Court annulled the decision, which was passed through procedural violations, and ordered the council to re-consider the application of the convicted person.

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

In November 2018, the Tbilisi Appellate Court upheld the 2018 judgment of the Tbilisi City Court, based on which the MIA was ordered to pay 5 000 GEL to M.G as a compensation for moral damage. 

On July 22, 2013 the chief prosecutor’s office granted victim status to M.G for the moral and physical damage, which he received as a result of 
the dispersal of May 26, 2011 protest demonstration, when riot police officers of the MIA used disproportionate physical force and special weapon against protesters. HRC defends interests of M.G in the court.  

An Internally Displaced Person received unpaid allowance in the amount of 1 843 GEL

With the legal advocacy of Human Rights Center, in December 2018, IDP B.Kh received 1 843 GEL from the Ministry of IDPs from the Occupied Territories, Labor, Healthcare and Social Affairs of Georgia, which was reimbursement of years-long unpaid IDP allowances. In 2017, the Tbilisi Appellate Court fully satisfied the claim of Human Rights Center over the case. As a result, the August 30, 2016 decision of the Tbilisi City Court was annulled. The Appellate Court annulled the individual-legal act of the Ministry of IDPs and ordered the Ministry to pay 1843 GEL as reimbursement of years-long unpaid allowance. 

In December 2018, the Supreme Court of Georgia upheld the decision of the Appellate Court. And finally, IDP B.Kh was paid 1 843 GEL.

The Court ordered the Border Police to restore dismissed employee to the working place and reimburse his salary arrears 

In November 2018, the Tbilisi City Court fully satisfied the HRC claim and annulled the acts of the Georgian Border Police about the dismissal of N.G, former employee of the Border Police. 

N.G had been working in the Georgian Border Police of the Georgian Ministry of Internal Affairs as chief specialist since 2009. In January 2018, he was illegally fired from the police. 

The Tbilisi City Court ordered the Border Police to restore N.G to the working place and fully reimburse the salary arrears till the date of the enforcement of the court judgment.

Tbilisi City Hall fined with 1000 GEL

In January 2019, based on the appeal of Human Rights Center, the Personal Data Protection Inspector fined the Tbilisi City Hall with 1000 GEL.

On November 11, 2018, the Tbilisi City Hall disseminated the personal data of Zaza Saralidze when publishing the clarifications with regard to the placement of the New Year Tree near the protest scene of Zaza Saralidze and Malkhaz Machalikashvili, the fathers of the killed sons, in front of the parliament. Namely, their announcement disclosed the address, telephone number and signature of Saralidze. 

HRC appealed the Personal Data Protection Inspector with regard to this violation. Having studied the case, the Inspector concluded that the non-entrepreneurial legal entity Public Communications Development Agency of the Tbilisi City Hall violated the Article 52 Part I of the Law of Georgia on the Personal Data Protection and fined the Agency with 1000 GEL.

Arbitrarily dismissed employees are being restored to the working places in the GPB

In February 2019, as a result of legal advocacy of Human Rights Center four out of dozens dismissed employees of the Georgian Public Broadcasting were restored to working places via agreement, and the court made respective order about it. One applicant received compensation upon the agreement with the opposite side. Over five more cases the court decided to annul the resignation orders and to impose reimbursement of one year salaries for the illegally dismissed employees.

Last year, dozens employees of the Georgian Public Broadcasting were sacked, who were working for the GPB based on the permanent labor agreements. To defend the rights of the illegally dismissed GPB employees, HRC and the Trade Union of GPB appealed the court with the request to restore labor rights of the employees. HRC lawyer Nestan Londaridze represents 20 dismissed employees of the GPB in front of the Court. 

MIA is ordered to pay 5 000 GEL 

In December 2018, the Tbilisi Appellate Court upheld the August 18, 2018 judgment of the Tbilisi City Court, based on which the Ministry of Internal Affairs was ordered to pay 5 000 GEL to B.R to compensate the moral damage caused by inhuman treatment. 

Human Rights Center defended the interests of B.R, victim of inhuman treatment in penitentiary establishment, in both instances of the court. 

The court annulled the penalty imposed on G.A by police 

On February 20, 2019, Gori district court satisfied the administrative lawsuit of G.A against the electronic penalty bill issued by patrol police officers. The patrol police officers stopped G.A on September 27, 2018 and issued penalty bill against him for driving through the red light. Although the person had not violated the traffic rules, he was found guilty in administrative violation. He protested the penalty and had argument with patrol police officers; finally he was arrested for the resistance. 

G.A appealed the decision of the police officers in the administrative body but they did not satisfy his claim. Afterwards, G.A appealed the Gori district court and requested to annul the decision of the administrative body. The interrogated police officers clarified at the court hearing that they had not seen whether the driver had driven through the red light but it was only their assumption.

On February 27, G.A was found guilty in the verbal assault of police officer but the court annulled the imprisonment term imposed on him and evaluated it as disproportionate and inadmissible.  The court annulled the electronic penalty bill issued by police officers. HRC Shida Kartli office defended the interests of G.A in the court. 

Accused of domestic violence sentenced to one-year imprisonment

On November 22, 2018, the Gori district court passed judgment over the domestic violence case. HRC Shida Kartli office lawyer defended interests of the victim M.K.

The defense side did not argue about the evidence presented in the court and the defendant admitted the committed crime. In the end, M. Kh was sentenced to one-year imprisonment. 

On July 17, 2018, resident of Kaspi municipality M.K applied to the HRC Shida Kartli office for help. Her husband was arrested under the charge of domestic violence. The victim stated that the lawyer and the mother of the defendant tried to convince her to change the testimony and used various methods to oppress her: instead they promised her to assign the flat to her and tried to influence underage children. 

Person found guilty in the car-accident where underage child died  

On December 21, 2018 Gori district court found I.K guilty in the car accident, where underage child died. He was sent to prison for 5 years and 2 months. 

On July 6, 2018, resident of Kaspi municipality N.G applied to the HRC Shida Kartli office for help. She said, in January 2018, car crashed her child on the road and she passed away in the hospital. As N.G reported, the investigation was conducted partially. Finally, the Gori district court found I.K guilty in the accident. 

Various cases

  • In the period of November 2018 – February 2019, with the engagement of HRC lawyers, the charges brought against the defendants in the cases of the killed human rights defender Vitali Safarov and G.S were re-qualified and made harsher. 
  • In November 2018, the Chief Prosecutor’s Office brought charges against the former chief prosecutor Otar Partskhaladze and senior official of the Ministry of Finances with regard to the case of physical assault of Lasha Tordia, former chief auditor of Georgia and imposed compulsory measures on them. Lasha Tordia received victim status.
  • On February 27, 2019, Gori district court satisfied the claim of T.A to remove sequestration from his property, which was sequestered because of the financial obligation of the third person. HRC Shida Kartli office lawyer defended his interests in the court. 
  • In December 2018, the Supreme Court of Georgia upheld the decision of the Tbilisi Appellate Court to satisfy the claim of the eco-migrant M.M and ordered the Ministry of IDPs, Accommodation and Refugees to reconsider her application about the accommodation as an eco-migrant based on recently discovered circumstances. 
  • On February 1, 2019, the Tbilisi Appellate Court did not satisfy the appeal of the Social Service Agency and upheld the decision of the Tbilisi City Court, which annulled the order of the Ministry of IDPs, based on which IDP Ts.T was refused to receive accommodation from the state. HRC Shida Kartli office lawyer defends Ts.T in the court. 
  • On January 24, 2019 the Public Registration Agency satisfied the application of T.M and registered his property right over the real estate. T.M could not register the property as it was already registered on another person. As a result of cooperation with the bank and neighbors, the dispute was solved through agreement. The parties amended the registration data and T.M managed to register the property. 
  • Gori Municipality City Hall satisfied L.T and her underage children with social accommodation. Gori Municipality City Hall used to reject the applications of L.T based on various grounds but after the HRC got involved in the case, L.T’s request was satisfied.
  • On January 11, 2019, Gori district court satisfied the appeal of T.N vs M.N about hampering. Consequently, M.N was prohibited to hamper T.N and was ordered to empty the property for T.N. 
  • In January 2019, the Tbilisi Appellate Court discussed the case of D.G, whom the Property Management Agency and Services Development Agency refused to register the property. The Appellate Court upheld the decision of the Ozurgeti district court, which annulled the orders of the Agencies.
  •  Gurjaani district court satisfied the administrative lawsuit of L.T against Public Registration Agency and third person A.Ch. The Court annulled the decision of the Agency about the registration of the real estate and satisfied the claim of L.T. 
  • Gurjaani district court finalized the dispute between E.S and her husband through agreement with regard to divorce, determination of the place of residence of children and restriction of the father’s representation in front of educational institutions. The parties signed the agreement letter in due respect of the best interests of the children. 
  • Gurjaani district court satisfied the claim of N.B to order D.J to pay alimonies to his two underage children.
  • On November 6, 2018, the Gurjaani district court satisfied the claim of N.B partially, annulled the purchase agreement between her husband and his sister and found N.B owner of ¼ of the property.  

Human Rights Center 

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