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Successfully litigated cases of Human Rights Center (November, December, January, February, 2019/2020)

19.03.2020

The Strasburg Court Held the State of Georgia Responsible to Pay 25 000 EURO to the Applicant

The European Court of Human Rights held there has been a violation of the procedural aspect of Article 2 of the Convention – Right to Life (procedural part) over the case Sakvarelidze vs Georgia. The respondent state is held responsible to pay 25 000 EURO in respect of non-pecuniary damage to the applicant. The information about the ECtHR ruling was published on February 6, 2020.

With the legal advocacy of Human Rights Center, Mariam Sakvarelidze appealed the Strasbourg Court in 2010. The main claim of the applicant was to effectively investigate the car accident between the armored vehicle of the Ministry of Security and a car, which killed Davit Sakvarelidze and Eter Tsuliashvili on November 22, 2003.   

Human Rights Center believed that the investigation was artificially dragged out though alleged perpetrators were identified in the criminal case. During ten years, HRC several times requested the punishment of the perpetrators but during the governance of the United National Movement were not interested to investigate the case not to harm the reputation of the 2003 Bloodless Revolution. The investigation did not renew after 2012 either and even now, with the Strasbourg Court ruling, the main request of the victim to the state is to identify the perpetrator and punish him in accordance to the law. 

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

In November, 2019, the Tbilisi Appellate Court upheld the decision of the Tbilisi City Court over the case of O.Ts, based on which the Office of the Prosecutor General was ordered to pay 18 000 GEL as a compensation to O.Ts. 

In 2015, police arrested O.Ts for thievery. Both Tbilisi City and Appellate Courts found him guilty and passed guilty judgment against him.

In 2017, the Supreme Court of Georgia acquitted O.Ts in the imposed charge and passed judgment of acquittal. 

In May 2019, the Tbilisi City Court 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 defended O.Ts’s interests in the court. 

MIA is ordered to pay 5 000 GEL

In December 2019, the Supreme Court of Georgia upheld the decision of the Tbilisi Appellate Court and the Ministry of Internal Affairs is ordered to pay 5 000 GEL to B.R as a compensation for moral damage.  

Human Rights Center defended the interests of B.R, victim of inhuman treatment in penitentiary establishment, in both instances of the court. On November 24, 2014, the Tbilisi City Court found her guilty of the inhuman, degrading and ill treatment from the side of the former senior officer of the MIA. 

Human Rights Center appealed the Administrative Panel of the Tbilisi City Court on behalf of B.R and claimed compensation for physical and moral damage from the MIA. In August, 2018 the Tbilisi City Court satisfied the appeal of the HRC and ordered the Ministry of Internal Affairs to pay 5 000 GEL to B.R to compensate the moral damage caused by inhuman treatment. In December of 2018, the Tbilisi Appellate Court upheld the judgment of the Tbilisi City Court. 

Court sentenced the defendant to seven-year-imprisonment for sexual harassment 

On December 25, 2019, Signagi district court sentenced the accused of the sexual harassment of 14-years-old girl to seven-year imprisonment. HRC defended legal interests of the minor victim.

In the course of investigation, the underage girl was compelled to change the testimonies several times; the relatives tried to convince her to marry the harasser. The investigation started under the Article 140 of the Criminal Code of Georgia that applies to the sexual intercourse with a person, who has not attained the age of 16 yet. The crime is punishable by imprisonment for a term of 8 to 10 years in length. 

The court proceedings over the case lasted three years. The defendant was sought and the police did not take any efforts to identify his whereabouts. As a result of HRC advocacy, the defendant was arrested, but after the arrest, as a result of psychological oppression on the victim, 18-years-old girl, married him. Regardless the marriage, the court found the defendant guilty in the imposed charge and sent him to prison for 7 years. 

National Probation Agency is ordered to immediately enforce the court judgment 

In January, 2020, the Tbilisi City Court satisfied the appeal of the Human Rights Center to immediately execute the court judgment. Based on this decision, before the main judgment goes in force, the National Probation Agency has allocated the salary of three months to E.M in advance. 

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

Tbilisi City Court confirmed participation of Mikheil Kalandia in the crime

On February 25, 2020, the Tbilisi City Court announced the verdict against Mikheil Kalandia, accused of the group intentional murder of Davit Saralidze in Khorava street in December 2017. The court sentenced Mikheil Kalandia to prison term of 11 years and 3 months in length. 

On June 4, 2019, Mikheil Kalandia was arrested under the charge of murder of Davit Saralidze in aggravating circumstances in Khorava street. Pre-trial imprisonment was imposed on him as a compulsory measure on June 6.  

Georgian Public Broadcasting is ordered to pay 9 000 GEL to I.M

In November 2019, the Tbilisi City Court partly satisfied the claim of I.M and annulled the order of the GPB to dismiss her from the working place. 

The GPB was ordered to pay 9 000 GEL to I.M as reimbursement of the missed salaries. 

In its appeal to the court, HRC requested to restore I.M to the working place, to reimburse her missed salaries and to determine the fact of discrimination. The Tbilisi City Court partly satisfied the appeal. 

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

In December, 2019, the Supreme Court of Georgia upheld the decisions of the Tbilisi City and Appellate Courts and ordered the MIA to pay 5 000 GEL to M.G as a compensation of 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.  

Administrative proceeding against T.B was dropped

On January 27, 2020, the Tbilisi City Court dropped administrative proceedings against T.B.

T.B was charged under the Article 172 of the Administrative Offences Code of Georgia, which applies to non-compliance by a parent or by his/her substitute with the duty to raise and educate a minor that is related to gross negligence with regard to the duties to raise, educate a minor and to provide him/her with dwelling, food and other conditions necessary for normal development, by minor hooliganism of a minor shall carry a fine from GEL 100 to 300 for the parent or his/her substitute. 

T.B’s minor son verbally insulted a class-mate girl in the closed facebook group, where only boys are subscribes. The parents of the girl were informed about the fact and categorically demanded T.B to take her son to another school. At the same time, the girl’s parents, who work in police, threatened her with creating problems for her son. The police started investigation and the sanction protocol was drawn up against T.B because the child was minor. 

As a result of the HRC legal advocacy, the Tbilisi City Court stopped administrative proceedings against T.B.

Outpatient is opened in Ilto Gorge

On February 15, 2020, medical personnel working in Ilto Gorge informed Human Rights Center that a new outpatient was opened in their gorge. 

HRC representatives first studied the problems of the medical professionals in Ilto Gorge in March 2019. There was no outpatient in the gorge and the medical nurse, who was serving 5 villages in the Gorge (Sabue, Vedzebi, Naduknari, Shakhvetila and Tchartali) used to get patients at home. 

The locals several times appealed the municipality government to open an outpatient in their Gorge but there was no response. 

HRC petitioned the Ministry of Healthcare and Ministry of Regional Development, as well as the Kakheti regional governor’s administration and Akhmeta municipality city hall. 

In October 2019, the Akhmeta city hall informed HRC that a new, simple construction will be installed in the village of Shakhvetila. On February 15, 2020, a new outpatient was opened in the Ilto Gorge. 

Administrative liabilities were removed from the drivers

On November 26, 2019 the Gurjaani district court fully satisfied the appeal of Human Rights Center and stopped administrative proceedings against V.B.

Police officers of the Kakheti region main division of the patrol police department of the MIA tested V.B on alcohol and drew up a protocol on administrative violation. Based on that, V.B’s license to drive a car was suspended for 6 months. V.B appealed the imposed penalty and double-tested alcohol in his blood in Levan Samkharauli Forensic Expertise Bureau within the time-frame determined by the joint decree of the Minister of Interior and Minister of Labor, Healthcare and Social Welfare. The Kakheti main division of the police department did not satisfy the complaint of the citizen claiming that V.B had double-tested his blood with the violation of two-hour timeframe. 

Gurjaani district court satisfied the appeal of V.B and stopped administrative proceedings against him. HRC defended V.B’s interests in front of the court. 

*** 

On November 12, 2019 Gori district court satisfied the administrative appeal of J.G and annulled the penalty of the patrol police for driving the car under influence of alcohol. As J.G was sure that he had not drunk alcohol, double-tested his blood in Levan Samkharauli Forensic Expertise Bureau and it showed that he had no alcohol in blood. On October 29, 2019 the head of the Shida Kartli main division of the patrol department refused to satisfy the claim of J.G. and HRC appealed the Gori district court. The court fully satisfied the administrative appeal of J.G. 

Offender, who committed a crime based on xenophobic motive, is ordered to reimburse the damage 

On January 22, 2020, the Signagi District Court partly satisfied the appeal of the US citizen, who claimed reimbursement of the damage, he received as a result of hate-motivated crime. 

In summer of 2018, the neighbor damaged the car of A.E and his wife, who had a hostel and wine-shop in Signagi; the crime was committed intentionally, based on xenophobic hate. The police arrested the neighbor for the incident and currently he serves his imprisonment term. 

The US citizen also claimed reimbursement of the damage - 5 226 GEL. The court relied on the expertise conclusion in the criminal case files according to which the total damage was evaluated with 1200 GEL. Above that, the accused person was ordered to pay 360 GEL to reimburse the penalty receipt for the car. HRC defended legal interests of A.E and his wife. 

Ethnic Ossetian citizen, victim of the 1991-92 armed conflicts, gained her house back

On December 13, 2019, the Kareli district magistrate court satisfied the appeal of M.B to demand a thing from illegal possession. The applicant is ethnic Ossetian, who was compelled to abandon her house during the armed conflict in 1991-92. After her parents died, she returned to Georgia and discovered that M.M had unlawfully settled in her house. M.B applied the Kareli municipality city hall and asked to privitize her property but they requested the sketch of the house. She could not produce it because another person was living in her house. After the enforcement of the court judgment, M.B will be able to register the house, which belonged to her family. HRC defended her interests in the court. 

Gori district court annulled the order of the Gori municipality mayor

On December 4, 2019, the Gori district court satisfied the appeal of N.T, an employee of the Gori municipality city hall. The court annulled two orders of the Gori municipality mayor, based on which disciplinary responsibility was imposed on N.T in a short period of time – initially warning and then reprimand. 

HRC believes the disciplinary responsibilities imposed on N.T aimed to create degrading and hostile working environment for her and finally to compel her to quit job based on her own resignation application or to sack her after two disciplinary sanctions. In accordance to the Gori district court, both orders of the mayor were annulled. 

HRC defended legal interests of N.T in the court. 

Supreme Court rejected the cassation lawsuit of the Social Service Agency

On January 21, 2020 HRC received ruling of the Supreme Court of Georgia, based on which the Court rejected the cassation lawsuit of the LEPL Social Service Agency against Ts. T. The rulings of the Tbilisi City and Appellate Courts were upheld and the order of the Ministry of IDPs was annulled, which refused the IDP Ts.T to give accommodation. Consequently, the Agency was ordered to issue a new order after determining new significant circumstances of the case. 

HRC defended legal interests of the IDP Ts.T in the court. 

Various 

  • On December 17, 2019, the Administrative panel of the Tbilisi Appellate Court upheld the decision of the Gurjaani district court and satisfied the appeal of L.T against the Public Registration Agency and third person A.Ch. The court annulled the decision of the National Agency of Public Registry to register the estate. The Court also satisfied the application of L.T on the enforcement of the claim. HRC defended legal interests of L.T in the court. 
  • On January 24, 2020, prosecutor’s office arrested the second person under the charge of murder of Murad Tsurtsumia in Varketili cemetery. The body of the deceased young man was kept in the second defendant’s house throughout the night. On the same day, the charge against the defendants was aggravated. They are now charged under the Article 143 Part 2-“c” and Part 2 – “a” of the CCG, which applies to the unlawful imprisonment of a person for the purpose of concealing or facilitating any other crime or with prior agreement by a group. HRC defends legal interests of Murad Tsurtsumia’s family.
  • In December 2019, the prosecutor’s office satisfied the solicitation of Human Rights Center and the charge against the person, who attacked civil activist Ana Subeliani during the screening of the movie “And Then We Danced,” was aggravated. The prosecutor determined the motive of discriminative intolerance as aggravating circumstance of the committed crime. HRC defends legal interests of Ana Subeliani in the frame of the project implemented by Human Rights House Tbilisi.
  • On February 12, 2020, the Gori district court satisfied the appeal of Kh.I against the LEPL Village and Village Development Agency, who claimed compensation for the loss he received during the natural disaster. The applicant stated that the LEPL unlawfully refused him to pay the compensation. HRC defended Kh.I’s interests in the court. 
  • On February 13, 2020, the Tbilisi City Court fully satisfied the appeal of Human Rights Center and ordered the Social Service Agency to annul the individual-administrative legal act, based on which, victim of the 2008 August War – B.Kh was refused to receive an accommodation. The Agency was also ordered to introduce relevant amendments in the online data base of the IDPs in favor of B.Kh. HRC defended legal interests of B.Kh in the court.
  • On November 29, 2019, the Gori district court satisfied the appeal of R.R, resident of Gori municipality, and annulled the declaration filled out by the representative of the Shida Kartli regional office of the Social Service Agency. Based on that declaration, R.R was refused to get social allowance. After the court judgment, the Agency repeatedly examined R.R’s family and fixed allowance for them. HRC defended legal interests of R.R in the court.
  • On January 27, 2020, the Tbilisi Appellate Court fully satisfied the appeal of the socially indigent O.G and annulled the decision of the Gori District Court, based on which O.G was ordered to pay 1 500 USD to the lender. The Appellate Court also annulled the written agreement, according to which, allegedly O.G had borrowed 1 500 USD from L.G. HRC defended legal interests of O.G in the court. 

Human Rights Center 

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