14:17, Saturday, 25.11.2017
YouTube
Twitter
Facebook
RSS
ქართული English

Web Portal on Human Rights in Georgia

Go
Advanced Search

Tbilisi City Court – Different Approach to Equal Cases

11.07.2017

 
Tbilisi City Court accepted the lawsuit on degrading and insulting of Deacon Giorgi Mamaladze against the lawyer of the Georgian Patriarchate Edisher Karchava but rejected the application of Human Rights Center on similar case against senior government officials. 

Human Rights Center appealed the Tbilisi City Court against the senior government officials and requested reimbursement of the moral damage for degrading and insulting Deacon Giorgi Mamaladze through violation his presumption of innocence. The Tbilisi City Court rejected the lawsuit based on different grounds, which was repeatedly submitted to the court after making some changes in it. Based on June 26 decision, the Tbilisi City Court again rejected the lawsuit for another ground – requested to repeatedly pay the court excise duty. 

In parallel to that, the Tbilisi City Court accepted the lawsuit against Edisher Karchava, which also referred to the degrading statements, and the applicants requested to pay the compensation for moral damage. Consequently, the applicant had to pay only one excise duty. 

Article 41 Part 2 of the Civil Procedural Code clarifies if along with a non–property dispute a property dispute arising from it is considered, the price of the subject matter of dispute shall be determined according to the claim with higher value. Consequently, we believe it is ungrounded from the side of the Tbilisi City Court to demand double-payment of the excise duty from the applicant and we have already appealed the decision at the Tbilisi Appeal Court.

Law enforcement bodies shall establish equal practice, promote effective defense of applicant’s rights and defend the right to fair trial. The court aims to defend the breached rights of every individual. No applicant of the court shall have feeling of injustice and the court shall allow anyone to restore his/her breached rights.

Human Rights Center believes the application is artificially blocked because it is against the senior officials of the Government of Georgia.

We address the Appeal Court to discuss the application and pass lawful and fair decision because it is inadmissible that the court had different approaches towards equal cases and demand the applicants to pay the excise duty twice while it is regulated by the Civil Procedure Code of Georgia.

Human Rights Center 



Print Send to Friend Send to Facebook Tweet This
Leave your comment
Your name:
Your comment:

Security code: Code
OTHER NEWS
POLL
Were the local government elections held democratically?
Yes No I do not have an answer

BLOG

Disbelief based on partiality Reality is different
In recent days, Campaign This Affects You has become more active for the society. A new slogan has appeared on the famous label
Detailed...
Fragile Peace in Balkans
Hungry Commission Members and Commission Chairpersons Angry with Observers in Batumi
Archive




EDITORIAL

Forgotten by government veterans
Every year, fewer and fewer veterans of the World War II meet the Victory Day. The society receives information about them only on
Detailed...
Villages of the Hopeless
What happened to Dream of Justice Revival?
Archive
THEMES
CATEGORIES

Copyright © 2004 - 2017 HRIDC