News

The Constitutional Court Granted the Constitutional Claim Lodged by Human Rights Center

The Constitutional Court of Georgia granted the Constitutional Claim N1513 Mamuka Toliashvili versus the Parliament of Georgia. HRC represented the interests of the applicant in the court .  

 According to the judgment by the Constitutional Court, the normative content of the words within Article 260 of the Criminal Code of Georgia - "punishable by imprisonment for up to six years", which envisaged the possibility of applying a prison sentence for illegal manufacture, acquisition, storage, shipping or sending of narcotic drugs in quantities not suitable for use was declared invalid.                                                       
According to the Judgment by the Constitutional Court, individuals may not be imprisoned in the instances where they are caught with such a small quantity of any narcotic substances that would be unusable of a single user.                                                       

Under the Court Judgment, the malicious practice when persons were imprisoned for several years in cases where a used items or syringes containing traces of any illegal drugs were found.  

Under the above Judgment of the Constitutional Court, in reference to Article 310 of the Criminal Procedure Code (Reviewing the Judgments due to Newly Discovered Circumstances), the persons who have been sentenced to imprisonment under the norm valid then but now rendered as void shall be released from penitentiary facilities.  

Georgian Charter of Journalistic Ethics Satisfied the Complaint of Magda Papidze 

In May, 2023, the Georgian Charter of Journalistic Ethics satisfied the complaint of Magda Papidze’s defense lawyer and concluded that the journalist had violated Principles 1, 7 and 10 of the Journalistic Ethics. The Charter additionally clarified that the journalist provided the audience with false and unverified information about Magda Papidze. 
Convicted Magda Papidze filed a complaint with the Council of the Georgian Charter of Journalistic Ethics ascertaining that the information released by TV-Company Georgian Times on January 23, 2023 was not true. The applicant doubted that the journalist purposefully altered the information to discredit Magda Papidze. 

HRC lawyer defended the legal interests of Magda Papidze in front of the Council of the Georgian Charter of Journalistic Ethics. 

Cases of Seven Civil Activists Arrested during the Protests of March 7, 2023 

In March, 2023, HRC defended legal interests of civil activists, who were arrested during the protest rally of March 7 against the so-called Russian Law initiated by the parliamentary majority. The Ministry of Internal Affairs brought charges against the detainees under the Administrative Offences Code of Georgia. 

HRC lawyers represented the legal interests of 7 civil activists in the Tbilisi City Court and participated in the hearing of their cases.

The Ministry of Internal Affairs brought charges against the civil activists for the actions under Article 166 (petty hooliganism) and Article 173 Part 1 (disobedience to the lawful demand of the police) of the Administrative Offenses Code. The patrol police officers could not present the video-recordings from their body-worn cameras at the court hearings in the Tbilisi City Court. The recordings could prove guiltiness of the defendants in the imposed charges. At one of the hearings, a police officer claimed that officers took off the cameras not to damage or lose them during the protest rally.

The judges at the Tbilisi City Court stopped examination of the charges brought under the Article 166 of the Administrative Offenses Code; as for the charges under the Article 173, they were lifted and judges just gave verbal reprimand to the civil activists.  

Court Sent Husband to 3-Year Imprisonment for Domestic Violence 

In June, 2023 the Tbilisi City Court sent E. T. to 3-year imprisonment for the gender-based domestic violence against P.P. 

P. P was subject of systematic physical and psychological harassment and violence from the side of her husband E.T. In February, 2023, after another incident, P.P applied to police for help and the police started investigation into the domestic violence fact. 

Human Rights Center defended the legal interests of victim P. P in the police and in the court. 

M. K. Obtained Residence Permit in Georgia 

M. K applied to Human Rights Center for help after on September 28, 2022 the State Services Development Agency of the Ministry of Justice denied him to grant permanent residence permit in Georgia. On April 4, 2023, the Tbilisi City Court fully granted the administrative lawsuit of M.K, annulled the September 28, 2022 act of the Agency and ordered the latter to grant permanent residence permit to M.K. 

Employer Will Reimburse Missed Salary of Unlawfully Fired Employer 

On May 5, 2023, the Tbilisi Appellate Court approved the agreement between V. Ch and Ltd Kiosk Georgia. In accordance with the agreement, the Ltd will pay 3 000 GEL to V. Ch to reimburse his salary for missed months and annul its order on the dismissal of V. Ch from the working place. 

Before that, on November 8, 2022 the Tbilisi City Court did not satisfy the civil lawsuit of V. Ch. Human Rights Center appealed the decision of the city court in the Appellate Court on behalf of the applicant. 

Court Lifted Unlawfully Imposed Penalty on the Citizen 

On June 2, 2023 the Tbilisi Appellate Court retracted the March 31, 2022 judgment of the Tbilisi City Court and annulled the October 5, 2020 ruling of the Municipal Inspection of the Tbilisi Municipal City Hall about construction violation; consequently, the Court annulled the unlawfully imposed fine of 4 000 GEL on G. Sh. 

Before that, with its March 31, 2022 judgment, the Tbilisi City Court did not satisfy the lawsuit of G. Sh and did not annul the ruling of the municipal inspection. HRC appealed the judgment in the Tbilisi Appellate Court on November 30, 2022 on behalf of G. Sh. 

JSC Iavnana Paid Compensation and Missed Salaries to the Unlawfully Fired Employee 

On March 20, 2023 the Tbilisi Appellate Court ruled not to satisfy the appellate lawsuit of the JSC Iavnana. The judgment of the Gori District Court was upheld and annulled the order of the director of JSC Iavnana to fire T. B from the working place. The JSC was ordered to pay the salaries of missed months as well as compensation to T. B. JSC Iavnana did not appeal the ruling of the Appellate Court in the Supreme Court and consequently executed the court judgment – paid the compensation and the salaries of missed months to the employee. 

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

Gori Municipality City Hall Provided the Journalist with Public Information at the Court hearing

On March 14, 2023, the Gori district court stopped consideration of the administrative lawsuit of journalist Khatia Mumladze of community radio Mosaic against the Gori Municipality City Hall. In her administrative lawsuit the journalist requested the court to order the administrative body to release the public information. Representative of the Gori Municipality City Hall presented the requested information at the court, consequently there was no ground to continue the dispute. Therefore the applicant withdrew the lawsuit. 

HRC lawyer represented the legal interests of the community radio Mosaic and journalist Khatia Mumladze in the court. 


Human Rights Center Continues Court Dispute about Unlawful Misappropriation of Forest Fund Lands 

On April 3, 2023, the Tbilisi Appellate Court granted the lawsuit of Human Rights Center and lawyer Aleksi Merebashvili and retracted the December 9, 2022 ruling of the Mtskheta District Court on dropping court proceedings. The Appellate Court ordered the Mtskheta District Court to re-consider the appeal of HRC and Aleksi Merebashvili. 

Mtskheta District Court examined the lawsuit of Human Rights Center and Aleksi Merebashvili, prepared in partnership with CENN, against the Dusheti Municipality City Hall and the National Agency of Public Registry. The applicants requested to annul those acts, based on which an individual registered the lands of the Forest Fund as private property. The District Court stopped examination of the case, stating that HRC and Aleksi Merebashvili were not interested parties in this property registration. However, after granting the private complaint, the Tbilisi Appellate Court retracted this ruling of the district court and ordered the latter to re-consider the case. In accordance with the judgment of the Appellate Court, a civil society organization and a citizen are entitled to start court dispute about the alleged unlawful misappropriation of the Forest Fund lands. 

Court Imposed 5-Years Conditional Sentence on the Truck Driver 

On May 8, 2023 the Gori District Court approved the plea-agreement between the prosecutor’s office and defendant G. Ts with its ruling. G. Ts was found guilty under the Article 276 Part 6 of the Criminal Code of Georgia. The court imposed 5-years conditional sentence and fine in the amount of 5 000 GEL. Additionally, G. Ts was deprived of the driving license for one year. 

On April 27, 2022, in Kaspi, truck of the Kaspi Municipality City Hall’s cleaning service crashed 83-years-old M.B, who died on the place of accident. Although the driver was arrested, he was released soon. Daughter of the deceased woman applied to Human Rights Center for help as the investigation did not provide the victim’s family with the information about the ongoing criminal proceedings and did not grant the status of victim’s assignee. 

MIA Officer and His Brother Were Fined for Threating a Person with Life-Taking 

On May 19, 2023, the Gori District Court found Z. E, employee of the Ministry of Internal Affairs and his brother T.E guilty for threatening L. L, a wife of their deceased uncle, with taking her life. The court imposed a fine of 1 500 GEL on each of the defendants. The parties did not appeal the ruling of the first instance court and the decision went in force. Human Rights Center represented legal interests of victim L.L in the course of investigation and in the court. 

IDP Received Accommodation 

With the March 16, 2023 ruling of the Supreme Court of Georgia, the cassation lawsuit of the Agency of IDPs, Eco-Migrants and Social Welfare was rejected. The judgments of the Tbilisi Appellate and City Courts were upheld, which fully granted the lawsuit of E.Z, an IDP from Tskhinvali and annulled the administrative act of the mentioned Agency. The Agency was ordered to give accommodation to E.Z. HRC defended legal interests of the IDP in the court. 

Gori Hospital Paid Compensation and Reimbursed Part of Missed Salary to the Unlawfully Fired Employee 

On May 24, 2023, the Tbilisi Appellate Court did not grant the appeal of the Gori Giorgi Abramishvili Military Hospital of the Ministry of Defense of Georgia. The decision of the Gori District Court was upheld, which annulled the order of the hospital director on firing K. M from job. The employer was ordered to pay compensation of 7 000 GEL to the unlawfully fired employer and reimburse part of salaries for her missed months – 82.5 GEL per month. Human Rights Center defended the legal interests of K. M in the court. 

Employer Will Pay Compensation and Reimburse Missed Salaries to the Unlawfully Dismissed Employee

On June 29, 2023, the Gori District Court granted the lawsuit of D.G against the Agency of Culture and Tourism Development of Gori Municipality. The order of the Agency’s director on firing D.G from working place was annulled and the Agency was ordered to reimburse monthly salary of 395 GEL to D.G. Additionally, the Agency shall pay compensation in the amount of 4 740 GEL. Human Rights Center defended legal interests of D.G in the court. 

Georgian Post Will Reimburse Missed Salary and Pay Compensation to Unlawfully Fired Employee 

On June 20, 2023, the Tbilisi Appellate Court did not satisfy the lawsuit of the Ltd Georgian Post and upheld the judgment of the Khashuri District Court, which granted the lawsuit of A. B. The Khashuri District Court annulled the order of the Georgian Post to dismiss A. B from the working place and ordered the employer to pay compensation in the amount of 25 000 GEL to the unlawfully fired employee, including the salary of missed months. 

Gori Municipality City Hall Shall Re-Consider Dismissal of Employee 

On June 23, 2023, the Gori District Court partly granted the administrative lawsuit of D. Tch, who was fired from Gori Municipality City Hall and annulled the order on his dismissal. The administrative body was ordered to re-consider the significant circumstances in the case and make new decision accordingly. Human Rights Center defended legal interests of D. Tch in the court. 

Agency Shall Issue New Act on Granting IDP Status Based on Court Decision 

With the March 9, 2023 ruling of the Chamber of Administrative Law at the Supreme Court of Georgia the June 27, 2022 ruling of the Chamber of Administrative Law at the Tbilisi Appellate Court was rejected. The February 15, 2022 decision of the Tbilisi City Court was upheld, which granted the lawsuit of applicant Z. Kh against the Agency of IDPs, Eco-Migrants and Social Welfare. The applicant requested to annul the order of the Agency, based on which he was denied to get IDP status. 

Various 

1.    On March 7, 2023, the Sokhumi and Gagra-Gudauta District Court annulled the August 5, 2021 decision of the Commission to Grant Dimitry (Arzakan) Emukhvari and Dzhiuli Shartava Scholarship to students, which denied D. E to get the scholarship. The scholarship was approved by the July 15, 2021 order N238 of the Ministry of Education and Culture of Abkhazian Autonomous Republic. The Court ordered the Ministry to re-consider the case and issue a new act. 

2.    On May 5, 2023 the Gldani-Nadzaladevi district prosecutor’s office granted the victim’s assignee status to L. N. mother of deceased T.N based on the HRC’s application. HRC represents legal interests of L.N, since January 9, 2023. 

3.    Supreme Court of Georgia upheld the decisions of the Tbilisi Appellate Court and Gori District Court to find I.K guilty in intentional murder of his murder and sentence him to 15-years imprisonment. HRC defended legal interests of victim’s assignee in the court.