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Successfully litigated cases of Human Rights Center (March, April, May and June)

July 12, 2019
 
After the Tbilisi Appellate Court announced verdict, Mikheil Kalandia was arrested for participation in the Khorava street teenage murder case

The Tbilisi Appellate Court finished the discussion of the Khorava street teenage murder case on June 3, 2019. 

The Court did not share one part of the verdict passed by the first instance court, based on which G.J was convicted for the attempted murder of Davit Saralidze. The Appellate Court determined that on December 1, 2017, underage Davit Saralidze was killed by the group of teenagers composed of G.J and another unidentified person. 

As for the underage convicted G.B, the Appellate Court did not change the qualification of his charge as it was formulated in the verdict of the first instance court. The Appellate Court severed the charges for G.J and G.B and in accordance to the Juvenile Justice, each of them were sentenced to 11 years and 3 months in jail.  

The Tbilisi Appellate Court passed the important verdict over the Khorava street case and next day police arrested Mikheil Kalandia. As a compulsory measure, imprisonment was imposed on him. Kalandia might be the unidentified person, mentioned in the verdict of the Appellate Court. One of the key requests of the victim family was Kalandia’s punishment. 

Since the launch of the investigation, Human Rights Center defended legal interests of the victim family. Besides the participation in criminal proceedings, the HRC organized meetings, press-conferences and protest actions. The organization actively cooperated with the Ad-hoc Investigative Commission of the Parliament of Georgia and the Public Defender’s Office.

The accused persons for the murder of human rights defender were sent to prison for 15 years

The Tbilisi City Court found the defendants in the murder case of human rights defender Vitali Safarov - Giorgi Sokhadze and Avtandil Kandelakishvili guilty and on June 27, 2019 sentenced them to 15-years imprisonment each. 

Vitali Safarov was murdered in Diuma Street in Tbilisi on September 30, 2018. He worked on the issues of tolerance and equality in the Center for Participation and Development. Two persons – Avtandil Kandelakishvili and Giorgi Sokhadze were arrested on the charge of Safarov’s murder; the witness statements and number of direct or indirect evidence proved their guiltiness in the imposed charge. 

In April 2019, the Tbilisi Prosecutor’s Office satisfied the petition of Human Rights Center and changed the qualification of the criminal charges against the defendants into the murder committed by a group based on national intolerance motive. 

The judge at the Tbilisi City Court did not take the evidence provided by the prosecutor’s office into account and dismissed the charge under the Article 109 sub-paragraph “b” of the Criminal Code of Georgia (intentional murder committed by a group due to racial, religious, national or ethnic intolerance). The judge found the defendants guilty only in group intentional murder and sentenced them to 15 years in jail.

Human Rights Center defends legal interests of Vitali Safarov’s family. The organization will appeal the judgment of the Tbilisi City Court in the appellate court and will request to determine the racial, religious, national or ethnic intolerance as a motive of the crime.  

People dismissed from the Georgian Public Broadcasting are being restored to the working places 

As a result of legal advocacy of Human Rights Center, 6 applicants out of several dozen dismissed employees of the GPB were restored to their working places based on the court judgments. 2 applicants reached agreement with the GPB and received financial compensations. The Court annulled the dismissal orders against 7 applicants and ruled payment of one-year labor compensation for arbitrarily sacked employees. 

Last year, dozen employees of the Georgian Public Broadcasting were sacked, who were working for the GPB based on the permanent labor agreements. Similar contracts with the employees establish long-term relationship vision and promote creation of more social stability for the employees. Nevertheless, in August 2018, tens of GPB employees were “offered” to sign different contracts, which completely changed their working conditions.

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 represented 20 dismissed employees of the GPB in front of the Court. By now, the dispute of 15 applicants ended successfully. 

Office of the Prosecutor’s General of Georgia ordered to pay 18 000 GEL to the citizen

In May, 2019, the Tbilisi City Court satisfied the administrative lawsuit of Human Rights Center and ordered the Office of the Prosecutor General of Georgia to pay 18 000 GEL as a compensation to O.Ts.

In 2015, police arrested O.Ts for thievery. Both the Tbilisi City and Appellate Courts found him guilty and sent in jail. In March of 2017, the Supreme Court of Georgia acquitted O.Ts in the imposed charge and passed judgment of acquittal. 

After the ruling of the Supreme Court, Human Rights Center appealed the Tbilisi City Court and claimed compensation for arbitrary sentence of O.Ts. The Tbilisi City Court satisfied the claim and ordered the Office of the Prosecutor General of Georgia to pay 18 000 GEL to O.Ts to reimburse the damage he received as a result of unfair judgment. HRC lawyer Eka Kobesashvili defended O.Ts’s interests in the court. 

Border police is ordered to restore a citizen to the working place and to pay the involuntary missed salary 

In May, 2019, the Tbilisi City Court satisfied the counter-appeal of Human Rights Center and upheld the decision of the first instance court, which annulled the border police act to fire N.G. Besides that, the Court ordered the border police to restore N.G to his working place and to completely reimburse the involuntary missed salary by the date when the judgment will be enforced. 

N.G worked in the border police of Georgia since 2009. In January 2018, he was unfairly dismissed from the working place. 

Human Rights Center defended his interests in the court. 

The Defense Ministry withdrew the appeal against the pilot woman

In April, 2019, the Ministry of Defense withdrew its appeal against the pilot woman from the Tbilisi City Court and offered the pilot to work in the civil aviation. 

Military pilot Ekaterine Kvlividze was compelled to terminate her contract and leave the Ministry because of the unbearable situation in the Ministry of Defense. The pilot said her chiefs discriminated her and did not allow her to comprehensively implement her duties. She was not allowed to fly and preference was granted to men pilots.

Because of the termination of the contract, the Ministry of Defense appealed the Tbilisi City Court and claimed to fine the former employee with 28 000 GEL. 

HRC petitioned the Ministry of Defense and the court with regard to the case.

In April, 2019, the Minister of Defense Levan Izoria met the HRC representative and Ekaterine Kvlividze to discuss her case. They reached agreement, based on which, the Ministry withdrew its suit from the court and invited Kvlividze to work in the civil aviation. 

Construction on the Rustavi-Tbilisi highway was temporarily suspended

Construction on one section of the Rustavi-Tbilisi highway, which had to run by the River Mtkvari in Ponitchala, was temporarily suspended. 

Human Rights Center appealed the court with regard to the Tbilisi-Rustavi highway construction as it created threats to 374 people living alongside the highway. 

The construction of the motorway started near the damped residential buildings without preliminary communication and agreement with the local inhabitants. About 90 families live in the Rustaveli highway N16; among them, 24 families have the status of disability – the family members are blind. The construction of the Rustavi-Tbilisi highway may cause grave results. Namely, the building was constructed in 1968 and all exploitation terms have expired; the walls are cracked and in accordance to the law, it should be dismantled. 

The Ministry of Regional Development and Infrastructure states that the construction was suspended because the local inhabitants requested large compensations that is not true – the Ministry has never negotiated the compensation with the inhabitants, they have not offered alternative accommodations, which could be acceptable for the population. 

In May 2019, the Tbilisi City Court satisfied the claim of Human Rights Center about the construction of the Rustavi-Tbilisi highway. Namely, the construction on the section, which created threats to the lives of several hundred people, was removed from the construction project in accordance to the Government’s resolution. 

Kvemo Kartli prosecutor’s office satisfied the claim of Human Rights Center

In June 2019, the Kvemo Kartli prosecutor’s office satisfied the claim of Human Rights Center over the case of 13-years-old G.I, who was killed by his uncle in Rustavi, and started criminal prosecution against the doctor-psychiatrist. As a result of his professional negligence, the uncle of the killed boy was not placed in mental hospital and then he murdered the boy. 

According to the expertise conclusion, the uncle was non compos mentis and criminal liability against him was dropped. He was sentenced to two-year-long non-voluntary treatment in the mental hospital. 

Although the prosecutor’s office satisfied one of the claims of the HRC, the organization requests punishment of patrol police officers, who did not promptly react to the accident, as a result of what 13-years-old boy passed away of 25 wounds. 

Human Rights Center defends legal interests of the killed boy’s family. 

The Appellate Court ordered the National Agency of Public Registry to register the ownership on the land located alongside the occupation line 

In June 2019, the Tbilisi Appellate Court did not satisfy the appeal of the National Agency of Public Registry (NAPR) and upheld the decision of the Gori District Court, based on which, as requested in the appeal of the Human Rights Center, the NAPR was ordered to register ownership of I.B on the land located alongside the occupation line. 

The citizen and state institution had dispute over the registration of ownership over the agricultural plot. The NAPR refused to register the land claiming that it was located on the occupied territory. I.B sent several letters to the NAPR to verify that the land was not located on the occupied territory and it was on the Georgia controlled territory. The NAPR did not consider the evidence provided by the citizen and the HRC appealed the Gori district court. Later, the dispute continued in the Appellate Court.

Human Rights Center defends legal interests of I.B.

Imprisonment term postponed for the prisoner with disabilities 

In June 2019, with the legal aid of Human Rights Center, convicted A.T with disabilities had his term postponed until his health conditions improve. 

A.T was arrested in 2012 when he was absolutely healthy. In the prison # 8 he became victim of cruel treatment from the prison personnel that significantly damaged his health.  

Investigative bodies only once questioned A.T in prison about the fact of inhuman and degrading treatment. Although the convicted person holds the status of the first group disability as a result of beating and torture in the penitentiary establishment, he still does not have victim status. 

First, A.T’s imprisonment term was postponed in 2013 because of health problems but in February 2019 he was again arrested. The reason of the arrest is that he could not take next expertise due to financial problems in 2018 that was obligatory for him because of postponed imprisonment term. 

In 2019, A.T took another expertise which confirmed that his health conditions have not improved and is still disabled person. Regardless the conclusion, the special penitentiary service of the Ministry of Justice repeatedly petitioned the court to postpone the imprisonment of A.T instead releasing him from prison. 

His imprisonment term was again postponed from June 2019. 

Although the disabled convicted person left penitentiary establishment, HRC requests to release him from imprisonment term. Human Rights Center addressed the Special Penitentiary Service and the Public Defender to study why the disabled is not completely released from imprisonment. 

HRC believes that in each concrete case, when the imprisonment term is postponed due to the health conditions of the convicted and he/she is obliged to conduct expertise every year that is not financially affordable for the person, the Special Penitentiary Service of the Ministry of Justice shall appeal the court again and request the release of the disabled convicted person from imprisonment. Considering that, A.T shall be freed from imprisonment because of his health conditions as it is a threat that he will not be able to take expertise again and will be sent back to prison. 

RMG Gold and RMG Copper ordered to pay compensations to the arbitrarily fired employees

In June 2019, the Tbilisi Appellate Court upheld the decision of the Bolnisi District Court and ordered the Ltd RMG Gold and JSC RMG Copper to pay compensations to M.M and G.N. 

M.M and G.N worked in the Ltd RMG Gold and JSC RMG Copper, from where they were illegally fired. They applied Human Rights Center for help.

As a result of legal aid of Human Rights Center, the Ltd RMG Gold and JSC RMG Copper were ordered to pay compensations to M.M and G.N in the amount of 24 109 GEL and 20 109 GEL respectively. 

Gori district court annulled the resolution of the head of the Shida Kartli region police department 

In June 2019, the Gori district court shared the arguments of Human Rights Center and satisfied the claim of the organization over M.K’s case. The penalty receipt issued against M.K was annulled as well as imposed fine. Besides that, the resolution of the head of the Shida Kartli region police department was annulled, in which he refused M.K to satisfy his complaint. 

On June 5, 2019, patrol police fined M.K for driving a car under influence of alcohol. Afterwards, M.K took test on alcohol in Levan Samkharauli National Forensic Expertise Bureau, which proved that he had no trace of alcohol in the blood. 

As a result of HRC legal advocacy, the penalty imposed on him was annulled – 6-month long deprivation of driving license. 

MIA to pay 30 000 GEL to the victim of May 26, 2011 demonstration dispersal 

In April 2019, the Supreme Court of Georgia upheld the judgment of the Tbilisi City and Appellate Courts, according to which, the Ministry of Internal Affairs is ordered to pay 30 000 GEL to G.G. as a compensation for moral damage. 

HRC defended legal interests of G.G who, based on the July 22, 2013 edict of the Chief Prosecutor’s Office of Georgia, was found victim 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. The Supreme Court also upheld the judgments of the city and appellate courts and ordered the MIA to pay 30 000 GEL to G.G. as compensation. 

National Probation Agency is ordered to restore applicant to the working place and reimburse her salary arrears 

In April 2019, the Tbilisi City Court fully satisfied the appeal of Human Rights Center and annulled the conclusion of the General Inspection of the Ministry of Corrections as well as the edict of the head of the National Probation Agency on the dismissal of E.M from working place. 

E.M worked in the National Agency of Non-custodial Justice and Probation as a psychologist since 2014. In December 2015, she was arbitrarily fired from job. 

The Tbilisi City Court ordered the National Probation Agency to restore E.M to working place and reimburse her non-voluntary missed salaries.

Human Rights Center defended legal interests of E.M in the court. 

Administrative proceedings dropped against A.G

In April 2019, the Tbilisi City Court fully satisfied the claim of Human Rights Center and stopped administrative proceedings against A.G.

On March 19, 2019, Lotkini district police officers detained A.G for alleged resistance to police officers punishable under the Article 173 of the Administrative Code of Georgia. As a result of legal aid of HRC, the administrative proceedings against A.G stopped. 

The Ministry of Justice presented the requested public information as a part of the counter-appeal in the court

In May 2019, the Ministry of Justice and the Special Penitentiary Service provided the Human Rights Center with the requested public information together with enclosed documents in the Tbilisi City Court as a counter-appeal to HRC appeal. 

Human Rights Center appealed the court against the Ministry of Justice for the violation of the rule on releasing the requested public information. 

HRC applied to the Ministry of Justice for the public information twice but the Ministry did not provide the organization with the requested information. The Ministry and Special Penitentiary Service provided the HRC with the requested information only 6 months later together with the counter-appeal in the Tbilisi City Court. 

The Ministry and the Penitentiary Service violated the Article 40 of the General Administrative Code, which obliges the public agencies to issue the public information within 10 days. 

On January 30, 2019 Human Rights Center appealed the Tbilisi City Court and requested to order the Ministry to issue the requested public information. 

During the hearing, the Court involved the Special Penitentiary Service as a plaintiff of the claim, which later provided the Center with the requested information. 

Special Penitentiary Service Will Pay GEL 5000 to the Convicted V.N
 
On March 29, 2019, the Tbilisi Appellate Court upheld the decision of the Tbilisi City Court, according to which the Special Penitentiary Service of the Ministry of Justice is ordered to pay 5 000 GEL to V.N as a compensation for moral damage. 

Human Rights Center defended legal interests of V.N. Based on May 8, 2013 edict of the Kvemo Kartli regional prosecutor’s office V.N was found victim of the crimes committed by the personnel of the penitentiary department. The crime is punishable under the Article 143 Part II “a”, “b”, “d”, “e” and “f” of the Criminal Code of Georgia that applies to torture and inhuman treatment that caused physical and psychological suffer. 

The victim claimed compensation in the amount of 270 000 GEL. On July 14, 2017, the administrative panel of the Tbilisi City Court satisfied the lawsuit of the convicted V.N. As a result, the Ministry of Corrections is ordered to pay GEL 5 000 to V.N to compensate his moral damage.

MIA is ordered to pay 2 500 GEL as a compensation to the victim of the dispersal of May 26, 2011 demonstration 

In March 2019, the Supreme Court of Georgia upheld the decisions of the Tbilisi City and Appellate Courts. According to their decision, the MIA is ordered to pay 2 500 GEL to L.G as a compensation for moral damage.

Based on July 22, 2013 edict of the chief prosecutor’s office L.G received victim status for the physical and moral damage, which he received during the dispersal of the peaceful demonstration in Rustaveli Avenue, Tbilisi on May 26, 2011 when riot police officers of the MIA used disproportionate physical force and special weapon against protesters. 

On March 5, 2018, the Tbilisi City Court satisfied the claim of HRC and ordered the MIA to pay 2 500 GEL to the victim as a compensation. On June 7, 2018 the Tbilisi Appellate Court upheld the decision of the city court. The Supreme Court of Georgia also upheld the judgments of the city and appellate courts. 

Women returned the flat, which her husband had sold by cheating 

In May 2019, the Tbilisi Appellate Court upheld the decision of the Gurjaani District Court, based on which the appeal of Human Rights Center over N.B’s case was partially satisfied.

N.B’s husband, because of conflict in the family, registered the flat assigned to the family by the National Agency of Property Management on his sister. HRC requested to annul the purchase agreement and recognize the ownership of N.B and her children over the property.

On November 6, 2018, the Gurjaani District Court partially satisfied the appeal of the organization and annulled the purchase agreement between D.J and A.J. N.B was recognized to be the owner of the ¼ of the flat, however the children were not found the co-owners of the property. 

June 20 protest participant released from the Appellate Court

Human Rights Center defended interests of L.K in the court, who was arrested on June 20, 2019 during the protest demonstration in Rustaveli Avenue under the administrative law. 

The Tbilisi City Court found L.K guilty in accordance to the Administrative Code and sentenced him to 7-day administrative imprisonment.

HRC appealed the judgment in the Tbilisi Appellate Court and the latter changed the decision of the first instance court. L.K was found guilty but the imprisonment term was reduced to 3 days. As he had already served 3 days in jail, L.K was released from the courtroom.

L.K was charged in the violation of the Articles 166 and 173 of the Administrative Code of Georgia – minor hooliganism and resistance to police. 

Various: 

In March 2019, the Supreme Court of Georgia upheld the decisions of the district and appellate courts over D.G’s case, according to which the orders of the Property Management Agency and the Ministry of Economics were annulled, based on which D.G was refused to register his ownership on the land.

In March 2019, the Tbilisi Appellate Court upheld the decision of the district court over V.G’s case, based on which the orders of the Property Management Agency and the Ministry of Economics were annulled, based on which V.G was refused to register his ownership on the land.

HRC Kakheti office defended lonely elderly person, an IDP from Abkhazia N.Ch. She had lost court dispute against her stepson, who managed to annul the inheritance letter and to declare him the heir of his father’s property. Consequently, the house, where N.Ch lived since 1993, was registered as a property of her stepson. With the legal aid of HRC, the dispute finished with agreement. According to the agreement, by the end of her life or/and until the Ministry of IDPs and Accommodation grants her a flat, N.Ch will live in the house without any restriction. Meanwhile, the owner will not able to sell or mortgage the house. 

Human Rights Center 

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