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Successfully litigated cases of Human Rights Center (March, April, May and June of 2020)

13.07.2020

 
Harasser sentenced to 18 month imprisonment for the physical assault on civil activist Ana Subeliani

On June 29, the Tbilisi City Court found the defendant for the physical assault on the civil activist Ana Subeliani guilty in the imposed charge and sent him to prison for 18 months.

The Court fully satisfied the appeal of the prosecution and found Sh.Sh guilty under the Article 531 and Article 120.1 (intentional injury of other person’s body) of the Criminal Code of Georgia. The imposed charge defined a motive of intolerance on discriminatory grounds as an aggravating circumstance to the crime. 

On November 8, 2019, civil activist Ana Subeliani became a victim of the physical assault based on discriminative grounds from the participant of the homophobic protest action, which was organized to protest the screening of Levan Akin’s movie “And Then We Danced. The harasser threw a heavy subject at Ana Subeliani, who had arrived to see the movie in the Amirani Cinema and she received an injury in the head. As a result she needed medical assistance in the hospital. The police arrested the defendant on the site.  

HRC lawyer Eka Kobesashvili defended legal interests of Ana Subeliani in the frame of the project implemented by the Human Rights House Tbilisi. 

National Probation Agency is ordered to immediately enforce the court judgment 

In May 2020, the Tbilisi Appellate Court upheld the decision of the Tbilisi City Court, which ordered the National Probation Agency to restore E.M to her working place and reimburse the missed salary until the Agency fully executes the judgment and restores the applicant on the working pace. 

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

Detective of the Tbilisi Police Department of the MIA was arrested in the courtroom

On June 19, 2020 the Tbilisi City Court sentenced A.I, detective of the Tbilisi Police Department of the MIA, to pre-trial imprisonment and suspended his official authority. The Tbilisi prosecutor’s office investigates the criminal case against A.I.

On July 8, 2018, on the Dadiani Avenue in Tbilisi, A.I crashed K.M and E.M when driving his car and then disappeared from the site. 20-years-old K.M died in hospital. A.I appeared in the police office only two days later.

A.I was not held responsible for the accident during two years and continued his work as a detective in the Tbilisi police department of the MIA. Meanwhile, he was even promoted. 

HRC believes, one of the main reasons of the dragged out investigation was the unreasonably delayed expertise process by the Levan Samkharauli National Forensic Expertise Bureau. Experience of the organization in connection with other cases shows that it is a common practice of the Levan Samkharauli Bureau to prolong the expertise, which finally results into a dragged out investigation. 

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

In March, 2020, the Tbilisi Appellate Court annulled the September 5, 2018 judgment of the Tbilisi City Court and refusal of the State Services Development Agency to issue working residence permit on the foreign citizen. The Appellate Court ordered the Agency to re-consider the application of O. M for the working residence permit in Georgia. 

Citizen of Nigeria O.M has been living in Georgia since 2013. She is an English language teacher. The State Services Development Agency refused to issue working residence permit to her and the Human Rights Center appealed the decision in the Tbilisi City Court. On March 5, 2018 the Court did not satisfy the appeal of the HRC and the organization appealed the decision in the Tbilisi Appellate Court. 

Khashuri district court partly satisfied the HRC’s appeal

On March 9, 2020, the Khashuri district court partly satisfied the administrative lawsuit of Human Rights Center and annulled the order of the Kareli municipal assembly, based on which the sport ground in Ruisi village was put on an auction list. 

The Kareli municipal assembly had announced auction on the sale of the sport ground in Ruisi village without agreeing the decision with the locals. 

The residents of Ruisi village applied to Human Rights Center for help in December 2019. 

The Supreme Court of Georgia upheld the decision of the Tbilisi Appellate Court

On June 15, the Supreme Court of Georgia rejected the appeal of the lawyers of the convicted I.K and with it, upheld the judgment of the Tbilisi Appellate Court, which found I.K guilty in the car accident, where minor M.G died. 

In January 2018, car crashed underage girl on the road and she passed away in the hospital. The police arrested the driver I.K after the TV-Company Rustavi 2 released a video-reportage about the accident. According to the reports of the mother of the deceased girl, the investigation was conducted partially and she applied to HRC for help. Finally, with the legal aid of the organization, I.K was found guilty in the accident and sentenced to 5 years imprisonment.

Human Rights Center defended legal interests of N.G, victim’s assignee, in the court. 

I.B was sentenced to 10-year-imprisonment for the sexual harassment of an underage girl

On March 5, Gurjaani district court finalized the examination of the criminal case into the sexual violence against an underage girl. The Court found I.B, born in 1979, guilty in the imposed charge and sentenced him to 10 years imprisonment. 

Ministry of Internal Affairs arrested the 40-years-old man for the sexual harassment of 16-years-old underage girl in June 2019. 

The investigation was carried out under the Article 137 Part 3 – “d” of the Criminal Code of Georgia, which refers to the intentional rape of an underage person, which is punished by imprisonment from 10 up to 13 years in length.

Human Rights Center defended legal interests of the underage victim.

Various 
  • Gurjaani district court satisfied the HRC appeal and appointed T.M as a temporary guardian of I.M, who is disabled person. 
  • On June 5, 2020, the Gori district court fully satisfied the appeal of M.K on the divorce and alimony. HRC defended her legal interests in the court. 

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