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Georgian State Lost Two Cases At European Court

January 26, 2009

Non-governmental organization “Article 42 of the Constitution” won two more cases at the European Court. The court imposed Georgian government to pay 18 000 Euro to the organization as a result of discussion of two appeals. Manana Kobakhidze, lawyer at the NGO, stated at the press-conference on January 22, 2009.

According to her statement on January 13, 2009 European Court of Human Rights published two discussions against Georgian government.

These cases were: criminal cases on “Abdul Hamil Aliev” and on Giorgi Nikolaishvili. “Article 42 of the Constitution” represented the accused people at the European Court.

“European Court imposed payment of 10 000 Euro on Georgian state in favor of Aliev. As for Giorgi Nikolasihvili, government has to pay 8 000 Euro to him.

Georgian law enforcers arrested Abdul Hamid Aliev on May 3, 2002. Then, Georgian Prosecutor General’s Office decided to extradite him to Russia, however, the Supreme Court considered the detention was arbitrary and Aliev was to be release from prison.

In parallel to it, prison administration charged Aliev for disobedience in the cosutody and sentenced him to the imprisonment of 2 years and 8 months.
On January 6, 2005 Aliev was released from prison.

European Court concluded on the case of “Abdul Hamid Aliev VS Georgia” that Georgian governmental bodies breached the right of Aliev envisaged in the Article 3 of the European Convention of Human Rights. The article states that, no one shall be subjected to torture or to inhuman or degrading treatment or punishment.

As for case on Giorgi Nikolaishvili, European Court concluded that Georgian state breached the rights of Nikolaishvili envisaged under the Article 5 of the European Convention of Human Rights (right to liberty and security of person) and Article 8 (right to respect for his private life).
European Court investigated the arbitrary detention of Giorgi Nikolaishvili and imposed payment of 8 000 Euro on Georgian state in favor of Giorgi Nikolaishvili as a compensation for moral damage.

Giorgi Nikolaishvili is brother of Nikoloz Nikolaishvili, who was suspected for the murder of Vakhtang Chikhradze, son of former MP.

Manana Kobakhidze stated at the press-conference that photo of Giorgi Nikolaishvili had been on the board of police station since 2003 together with the photo of his brother as a wanted person. Kobakhidze added that although Giorgi Nikolaishvili was on the board of wanted people, he was not declared as wanted person and neither criminal prosecution had started against him.

According to Kobakhidze, Giorgi Nikolaishvili appealed to the Ministry of Internal Affairs and requested to remove his photo from the board.

The Ministry started investigation on the case; Giorgi Nikolaishvili was initially interrogated as a witness at the prosecutor’s office in Vake District, Tbilisi and then court sentenced him to pre-trial detention for illegal carrying of gun.

Later, Giorgi Nikolaishvili was sent to prison for 5 years. Soon Nikolaishvili was released from custody after being pardoned; however, he had spent 6 months and 25 days in arbitrary detention. Consequently, the right of Nikolaishvili envisaged in the Article 5 of the European Convention of Human Rights, was breached.

Organization “Article 42 of the Constitution” has won six cases at European Court. Among them was case on Tengiz Asanidze, former member of the Supreme Council of Adjara Autonomous Republic, where the Georgian government had to pay compensation for moral damage based on court decision.

Tengiz Asanidze was arbitrarily detained when Aslan Abashidze was chairperson of Supreme Council of Adjara Autonomous Republic.

Then, European Court imposed Georgian state to pay 150 000 Euro to Tengiz Asanidze as a reimbursement.

Source: Medianews

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