“Young Barristers”: the contract between advertising company and “Tbilisi mini-bus” is unconstitutional.

The transport union “Tbilisi Mini-bus” decision to forbid broadcast of radio channels in mini-busses of Tbilisi directly violates Article 24 of the Constitution of Georgia, Article 10 of the European Convention of Human Rights and Article 19 of  UN International Covenant on Civil and Political Rights of 1966.We believe that the decision of the private company restricts fundamental rights in the sphere of freedom of expression and right to receive information and humiliates the highest value of the citizens-to get and spread information without censorship.
We “Young Barristers” remind representatives of the private company that the Constitution of Georgia is ultimate law for the state. All other legal acts should conform to the constitution and the legislation of Georgia complies with universally recognized principles and norms of international law. International agreements or covenants, if they do not contradict the Constitution of Georgia, the constitution agreement has preferable judicial authority over domestic normative acts. Therefore the contract of the advertising company was supposed to happen according with this principles.

According to our evaluation, the transport union did not have right to sign similar contract with independent legal person about advertising service, which would lead to restriction of information for citizens. There is no logic in allegation as if radio-sets in mini-bus hush advertisements shown on the screens. As it turned out, the society did not know opinions of independent experts about technical incompliance between radio-sets and voiced advertisements that requires introduction of amendments to the contract on advertising service and to provide passengers only with visual ad service. When the point is to choose between freedom expression and protection of private commercial company’s interests, European experience shows that the preference is given to freedom of expression.

“Young Barristers” call upon the Tbilisi City Hall, whose bid was won by a private company in 2011 and is now responsible for the availability of municipal transport, to respond to the decision of the transport union of the “Tbilisi mini-buss” and protect freedom of expression and right to receive information in accordance to national and international laws.

“Young Barristers” evaluates current situation as violation of the Constitution of Georgia, which prohibits censorship, since the population has its right to receive diverse information, political information during traveling restricted, that jeopardizes transparency of the 2012 parliamentary elections.

According to the Press-Release of Young Barristers