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GYLA-Courts Declare Appeal Terms Illegal

The Georgian Young Lawyers Association (GYLA) reports that the practice of court proceeding with regard to freedom of information contradicts the law and restricts human rights.

“On November 4, 2010 GYLA reported that the Tbilisi City Court did not accept their suit on unreleased public information. Judge Dimitry Gvritishvili clarified that the suit was submitted late because the administrative body had to discuss the suit within the term of 15 days instead one month as it is requested by Article 100 of the General Administrative Code.

The GYLA received another decision of the same judge soon. He clarified that the administrative body had to discuss the suit within 10 days instead one month or 15 days in accordance to the Article 40 of the General Administrative Code.

The term for discussing the suit by the administrative agency is important because a person requesting the public information should appeal to the court within one month. Consequently, the “innovative” clarification of the court is an indirect mechanism to restrict the freedom of information.

In its last petition the GYLA requested public information from the president’s administration on allocated funds from the reserve fund in 2008 and 2009. We appealed against the decision of the first court, which did not accept our suit, at the Appeal Court. On December 24, we received a judgment of the Appeal Court. Judge Nana Chichileishvili did not satisfy our suit and concluded that the GYLA had submitted suits after the term of appeal had expired. Even if this estimation of the judge is true, one of the suits filed by the GYLA did not breach appeal terms. Despite that, the Appeal Court did not satisfy our appeal – they dropped court proceeding. Their judgement is final and cannot be appealed,” statement of the GYLA.

Kakheti News Center
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Name: Meenakshi
2012-05-18 19:01
Infomrtaion is power and now I'm a !@#$ing dictator.
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