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Successfully litigated cases by Human Rights Center (July, August, September, October, 2019)

08.11.2019

 
People dismissed from the Georgian Public Broadcasting will receive financial compensations

As a result of legal advocacy of Human Rights Center, one applicant out of several dozen dismissed employees of the GPB was restored to his working place on August 1. Two applicants reached agreement with the GPB and received financial compensations in the amount of 9 000 GEL and 4 000 GEL respectively. 

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 18 applicants ended successfully. 

The Court Ordered the City Hall to Surround the Dangerous Site with Wall

The Administrative Panel of the Tbilisi City Court partly satisfied the claim prepared by Human Rights Center and ordered the Tbilisi City Hall to install warning banners nearby the so-called waterfall on the Tbilisi Sea. The City Hall is also ordered to construct 2, 5 meters high concrete wall alongside the channel to prevent people from climbing over it.

The territory of the so-called waterfall is particularly dangerous place for swimming. The Administrative Panel of the Court did not consider the claim, based on which the water distribution company Georgian Water and Power (GWP) shall install video-cameras in the territory, to arrange watchtower there so that the rescue team could promptly respond to emergency situations. Human Rights Center will submit new civil claim to the Tbilisi City Court and appeal the Appellate Court with the request of the reimbursement of the moral damage of the applicants. 

Administrative proceedings against the people detained during June 20 demonstrations stopped

On June 20, police arrested R.D, N.K and I.S, among many more, under the administrative law during the protest demonstration in Tbilisi. They were charged under the Articles 166 and 173 of the Administrative Code of Georgia, which refers to the minor hooliganism and disobedience to the legal request of police.

With the legal advocacy of HRC, the Tbilisi City Court stopped administrative proceedings against all three detainees. 

Public Registry is ordered to register the ownership right of the citizen over the land located close to the occupation line

Resident of Ditsi village, Gori municipality, started the court dispute over the land, which is not located in the occupied zone, in 2018. The district and appellate courts confirmed that the land was not in the occupied territory. The Public Registry did not appeal the rulings of the two instances of the court in the Supreme Court that means I.B will be able to register his ownership right over the land now. 

In June 2019, the Tbilisi Appellate Court did not satisfy the claim of the National Agency of the Public Registry and upheld the decision of the Gori District Court, where, based on the HRC appeal, the court ordered the NAPR to register the ownership right of I.B over the land located close to the occupation line. The NAPR did not appeal the cassation court and consequently the ruling of the Appellate Court shall be enforced. 

The court dispute started after the NAPR refused I.B to register ownership right over the land, claiming that it was located in the occupied territory. I.B sent several letters to the NAPR to clarify that his plot was located in the Georgia-controlled territory but the Agency ignored the evidence provided by the applicant. In the end, HRC appealed the Gori District Court to claim the property rights of I.B and the dispute then continued in the Appellate Court. 

Human Rights Center defended legal interests of I.B in the court. 

MIA shall pay 5 000 GEL to the victim as a compensation for moral damage

In July 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 5 000 GEL to Zh. G. as a compensation for moral damage. 

On December 7, 2017, the Tbilisi City Court ordered the MIA to pay 5 000 GEL as a compensation for moral damage to Zh.G. 

HRC defended legal interests of Zh.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, when riot police officers of the MIA used disproportionate physical force and special weapon against protesters. 

The Appellate Court left the person guilty in the car-accident where underage child died

On September 6, 2019 the Tbilisi Appellate Court upheld the decision of the Gori District Court, which found I.K guilty in the car accident, where underage child died. He was sent to prison for 5 years and 2 months. Human Rights Center defended rights of N.G, victim’s assignee in the criminal case. 

The Court annulled the administrative act of the State Services Development Agency

On October 18, 2019, the Tbilisi City Court partly satisfied the administrative lawsuit of the citizen of Turkey S.A and annulled the administrative act of the State Services Development Agency, which refused S.A to issue working residence permit. The Court ordered the Agency to repeatedly study the application and issue the new act. 

S.A is an entrepreneur in Georgia and in 2018 he received temporary residence permit which expired in May, 2019. In June, 2019, the Agency refused him to satisfy the application about the renewal of residence permit based on the conclusion of the authoritative body, which stated that his stay in Georgia creates threat to the state safety or/and public order. 

With the legal aid of Human Rights Center, the disputed act was annulled and the Agency was ordered to re-examine the application of S.A and issue the new act. 

Land-owner in the occupied territory will no longer pay the property tax

On October 7, 2019, the Council within the Ministry of Finances partly satisfied the complaint of Human Rights Center and annulled the decision of the Revenue Service to leave the complaint unexamined. The Revenue Service was ordered to re-examine the case in due respect of the factual circumstance as the land of the applicant has been occupied since 2012. 

HRC petitioned the Revenue Service and requested to deduct the property tax from G. Kh for the land which is located in the occupied territory and the owner does not have access to it since 2012. 

Various: 

- In October 2019, dispute between former couple ended with agreement in the Gori district court and as a result, the applicant woman, who was beneficiary of Human Rights Center, together with her child, received ½ of the disputed property. The former husband will no longer be able to evict her from the house.

- On August 30, 2019 the Gori district court satisfied the administrative lawsuit and annulled the restraining order against E.B because it was issued only based on the letter of the alleged victim, her mother-in-law. Other witnesses, who may had information about the incident, were not questioned at all. HRC defended legal interests of E.B.

- Human Rights Center’s Kakheti office defended legal interests of the mother of two children, who appealed the Gurjaani district court to claim alimony from her former husband for the underage children. The court satisfied the lawsuit of Human Rights Center and ordered the father to pay the alimony in the amount of 150 GEL (for each of the two children) until the children reach the full legal age. 

- With the legal aid of HRC Kakheti office, three persons with disabilities now have guardians and they will be able to receive pensions without any obstacles. 

- Gurjaani municipality city hall commission on the acknowledgement of the land ownership did not satisfy the application of M.K to register the ownership over the land he owned. With the legal advocacy of HRC Kakheti office, the Gurjaani district court annulled the decision of the commission and ordered the city hall to study the case again and issue new decision.

- HRC Kakheti office lawyer defended the victim of repeated violence from her husband. Gurjaani district court sentenced the harasser to imprisonment for two years in length under the Article 126 Part I and II – “b” of the Criminal Code of Georgia that was later changed into conditional sentence for two years in length. 


Human Rights Center

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