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Successfully Advocated Cases of Human Rights Center (March, April, May and June of 2024)

11.07.2024
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On May 7, the European Court of Human Rights announced the judgment on the case Tsaava and Others v. Georgia. The Strasbourg Court held violation of the Article 3 (prohibition of torture) of the European Court of Human Rights in the case referring to the dispersal of the protest demonstration of June 20-21, 2019. Furthermore, the Court ordered the State of Georgia to pay 5 000 EURO to each applicant in respect of non-pecuniary damage. 

The Court ruled that the State failed to conduct effective investigation and ordered the Authorities to conduct investigation; with regard to other articles of the Convention, the Court noted that the violations will be examined after the investigation is carried out in due respect to principle of subsidiarity. 

The ECtHR made judgment with regard to the applications of 26 applicants, 4 of whom were represented by Human Rights Center.

Court Acquitted Civil Activists 

MIA accused civil activists T.N and A.P. with committing the offence under the Articles 166 and 173 of the Administrative Offences Code of Georgia for participating in the protest demonstration against the Russian law on May 14. MIA lodged administrative complaint to the Court and requested to find T.N and A.P guilty. 

In June, 2024, the Tbilisi City Court fully granted the solicitation of the defense lawyer and terminated administrative proceedings against T.N and A.P; consequently they were fully discharged of the administrative liabilities under the Articles 166 and 173 of the Code. 

HRC lawyer defended legal interests of the civil activists in the court in the frame of the project implemented by the Civil Society Foundation. 

The State Will Pay Compensation to the Torture Victim Former Prisoner

On April 26, 2024 the Tbilisi City Court announced judgment on the case of D.G. The Court partly granted the request of the applicant and ordered the Penitentiary Service to pay compensation in the amount of 5 000 GEL. The case was about reimbursement of the harm received as a result of crime. 

D.G. was victim of inhuman treatment and torture during imprisonment years that significantly affected his health. On August 5, 2013, D.G received victim status in the criminal case against the employees of the penitentiary establishment No 6. In accordance with the resolution, in the penitentiary establishment No 6 D.G. was beaten and tortured, as a result of which he received physical and moral damage. 

Public School Is Ordered to Restore the Dismissed Employee on the Working Place and Reimburse Missed Salaries 

G.P worked as a guard in a public school in Senaki municipality. In 2022, the school director unlawfully fired G.P from school. Unreal circumstances were mentioned as ground of his dismissal in the order. The victim appealed the court; the Senaki City Court granted his appeal and ordered the school director to restore him on the working place. 

The opposite party appealed the decision of the first instance court in the Appellate Court, which annulled the decision and refused G.P. to be restored on the working place. 

HRC appealed the decision of the Appellate Court in the Supreme Court. In June 2024, the Supreme Court fully granted the cassation lawsuit of the HRC lawyer and ordered the public school to restore G.P on the working place and reimburse the salary of missed months. 

Court Annulled the Penalty Issued by Patrol Police

On March 1, 2024, the Gori District Court partly granted the administrative lawsuit of G.G. The Court annulled the penalty of 200 GEL issued by the patrol police officers. The Court also annulled the refusal of the Head of the Shida Kartli regional department of the Patrol Police Department of the Ministry of Internal Affairs to satisfy the administrative complaint of G.G.

The Court ordered the administrative body to re-consider the administrative lawsuit and make decision.

Gori Military Hospital Was Ordered to Pay Compensation and Part of Missed Salaries to Unlawfully Fired Employee

With the April 4, 2024 ruling of the Supreme Court of Georgia, the cassation lawsuit of the Gori Giorgi Abramishvili Military Hospital of the Ministry of Defense was declined. The Supreme Court upheld the judgment of the Tbilisi Appellate Court and the Gori District Court, which granted the appeal of K.M, former employee of the hospital. With the judgment, the order of the hospital director to fire K.M from the working place was annulled and the former employer was ordered to pay both compensation and part of the salary from missed months to him. 

Gori Municipality City Hall Is Ordered to Clean Territory of Over 26 000 sq. m. from Construction Remains 

On April 19, 2024, the Gori District Court fully granted the administrative lawsuit of Human Rights Center and Aleksi Merebashvili. Gori Municipality City Hall was ordered to clean the territory of over 26 000 square meters nearby the Gori municipality cemetery from the construction remains. 

Human Rights Center has been trying to order the municipality city hall to clean the territory since August 2022 and to liquidate artificially arranged landfill. 

Irrespective of many promises, the situation in the area worsened. The construction companies operating in Gori municipality (and not only) still continue leaving the construction remains in the landfill, which is located close to the residential area and the cemetery. The City Hall was fined by the Department of Environment Supervision because of unfulfilled obligation to clean the area. 

In June 2023, Human Rights Center decided to appeal the Gori District Court to order the Gori Municipality City Hall to clean the mentioned territory.

Residential Place of a Child Is Determined 

Gurjaani District Court fully granted the appeal of a citizen against former husband, where she requested to determine the rules of relationship with her child. The last hearing of the case was held on May 27, 2024. The parties agreed on the rule of relationship with children as well as their residential place, which is the same as of the mother. 

The court fixed visit days for the father. According to the judgment, father shall pay alimony in the amount of 750 GEL per month. 

Former Spouses Reached Agreement in the Court

On March 4, 2024, the court hearing of the civil dispute between N.S and her former husband was held to determine the residential place of the mother as residential place of children and to restrict authorities of the father. The father accepted the agreement, provided notarized agreement to allow children to travel abroad. He also agreed to determine the residential place of the mother as the residential place for the children. The visit dates were also fixed for the father. 


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