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Successfully litigated cases by Human Rights Center – July, August, September, October 2017

04.12.2017

Ministry of Corrections of Georgia Will Pay GEL 5000 to the Victim of Torture
 
On July 14, the administrative panel of the Tbilisi City Court satisfied the lawsuit of the convicted V.N. As a result, the Ministry of Corrections is ordered to pay GEL 5 000 to V.N to compensate his moral damage.
 
V.N is still serving his term in prison # 15. He was subject of torture and inhuman treatment several times from 2004 to 2012. More precisely, during the torture and inhuman treatment he was beaten, naked, locked in the cell during weeks; he was forced to sign cooperation agreement, the window was shut in his cell when it was very hot and other degrading treatments which caused physical, psychological pain  and moral torture of the convicted.
   
Human Rights Center represented the torture victim’s interests in front of the Tbilisi City Court.    
 
MIA to Pay 5 000 GEL to the Person Victimized during the Dispersal of May 26, 2011 Protest Demonstration
 
On July 13, the Tbilisi City Court passed judgment and ordered the Ministry of Internal Affairs to pay 5 000 GEL to O.Ch as a compensation for moral damage. Human Rights Center represented him in front of the court.
 
Case description: On May 26, 2011, a peaceful demonstration was conducted in front of the Parliament of Georgia, which was violently dispersed based on the decree of that time Minister of Interior Ivane Merabishvili, who also ordered arrest of the demonstrators. One of the participants, O.Ch was arrested and police officers physically and morally assaulted him. He was injured as a result of physical assault.  Ivane Merabishvili was convicted for the abovementioned action based on the February 27, 2014 judgment of the Tbilisi City Court and August 11, 2014 judgment of the Tbilisi Appeal Court; he was convicted under the Criminal Code of Georgia – for the abuse of professional power by political official. 
 
Human Rights Center believes the crimes committed by any government or public official shall not remain unpunished. And the fair trial shall guarantee restoration and rehabilitation of the victims. 
 
MIA Ordered to Pay 30 000 GEL to the Victim of Dispersal of the May 26, 2011 Protest Demonstration
 
On October 12 the Tbilisi City Court passed verdict in another case related with the dispersal of the 2011, May 26 protest demonstration and mass arrest of the demonstrators.
 
With the court decision, the Ministry of Internal Affairs shall pay 30 000 GEL to G.G to compensate his moral damage. 
 
Law enforcement officers damaged G.G’s leg with unidentified gun during the dispersal of May 26, 2011 demonstration. As a result he received grave injury of the health and was placed in hospital. 
 
The Ministry of Corrections is ordered to pay GEL 5 000 as a compensation to the torture victim convicted
 
Former prisoner P.P applied to Human Rights Center for legal aid. He was victim of violence and torture from the side of the personnel in the prison facility # 16; he holds torture victim status.
 
Human Rights Center’s lawyer appealed the Tbilisi City Court to claim the compensation for the torture.
 
On July 24, with the decision of the Tbilisi City Court, the Ministry of Corrections was ordered to pay 5 000 GEL to P.P as a compensation.
 
Personal Data Protection Inspector of Georgia Recognized Pam Club to Be Offender into Lasha Tordia’s Case
 
Based on the petition of Human Rights Center, the Personal Data Protection Inspector of Georgia recognized the café Pam Club to be administrative offender into Lasha Tordia’s case, former chief auditor of Georgia.
 
On May 23, 2017 media reported about a video of the incident in the café Pam Club in Paliashvili Street, Tbilisi which was leaked in Facebook and other websites. Based on the media reports and the petition of Human Rights Center, the Personal Data Protection Inspector studied the legality of the processing the personal data with the support of video-surveillance system by the Ltd P.A.M.
 

The Inspector’s office found out that the company handed the video-recordings to the third person– on December 27, 2016. The video recordings were handed to the MIA through the violation of the Law of Georgia on Personal Data Protection. Ltd P.A.M was recognized offender of the Article 43 of the law (Data processing without the grounds under the law).  The violation shall result in a warning or a fine of 500 GEL.
 
Human Rights Center has well-grounded doubt that the person, who posted the video in social networks, had illegally obtained this video from the MIA as the P.A.M had handed this video only to the Ministry. At the same time, the investigation could not use the illegally obtained video as evidence and most probably they decided to publish the video-proof in the social network so that they could then enclose it to the case as additional proof. 
 
Human Rights Center defends the interests of the Chief Auditor Lasha Tordia. The lawyers of the organization carry out all necessary procedures. The Center several times expressed its concern with the attempt to hush the violent act against the Chief Auditor – person with constitutional status that was observed in the statements of the investigative bodies and follow-up events.
 
Court Found Three Police Officers Guilty in Physical Harassment
 
Gori district court found three former officers of the Kaspi police unit guilty in the physical harassment of Z.F. According to the verdict, each convicted will pay fine of GEL 2 000. Human Rights Center represented Z.F in the court.

On April 4, 2015, police officers forcibly placed Z.F into the car near his house and took to the cemetery, where they beat him. The pre-condition of the harassment was insulting of Z.F’s wife from the side of a police officer that was protested by Z.F and the police officers harassed him for that. 

A month after the incident, Shida Kartli and Mstkheta-Mtianeti regional prosecutor’s office declared Z.F guilty but did not harry to start criminal prosecution against the harassers during one year.  
 
As a result of numerous petitions and appeals of Human Rights Center, in May 2016 the police officers were charged for the crime. They were charged under Article 126 of the Criminal Code of Georgia, which punishes the battery or other violence against a person, which causes physical pain. 
 

Human Rights Center believes the investigative bodies shall execute justice effectively and the citizen must not wait for the fair decision of the court for years. 

Case of Z.F again exposed the systemic problems in the investigation of the crimes committed by law enforcement officers, which could be addressed if independent investigative mechanism was created, It is necessary to establish the independent investigative body, which will be more effective and impartial when investigating the crimes committed by law enforcement officers.
 
As a result of reviewed judgment, convicted person was freed from punishment
 
The Tbilisi Appeal Court satisfied the appeal of Human Rights Center to review the judgment into the convicted L.Sh’s case and the beneficiary left prison.

L.Sh was arrested in 2013 for the purchase-possession of the narcotic substance – desomorphine. The evidence for the charge was the remaining narcotic substance in the syringe.The law does not estimate minimal amount of the desomorphine and 0.00009 grams was assessed as the large amount by the investigative body. Based on the July 13, 2017 decision of the Constitutional Court of Georgia, the normative context of the Article 260 Part 3 of the Criminal Code of Georgia was annulled, which aimed to place a person in prison for the possession of 0, 00009 grams of the narcotic substance – desomorphine. The Tbilisi Appeal Court relied its new decision on the recently discovered circumstances and requested early release of L.Sh.
 
Court ordered the Ministry to review the case of the convicted person
 
Based on the lawsuit lodged by HRC, the Tbilisi City Court annuled the decision of the Eastern Georgia’s local council under auspices of the Ministry of Corrections to refuse to the convicted G.M to be early released from imprisonment.
 
In 2010 G.M was sentenced to 9-year-imprisonment. The local councils refused him to early release though he met all requirements of the law with regard to early release of the convicts. He had already served more than ¾ of his term for the particularly grave crimes, behaved well in the facility and the prison administration positively evaluated his conduct. However, due to gravity of the charge and his passive participation in social programs, the council refused to early release him.
 
The Tbilisi City Court satisfied the claim of Human Rights Center and annuled the decision of the Eatern Georgia’s local council and ordered the Ministry of Corrections to repeatedly review the case of G.M.
 
Ministry of IDPs was ordered to pay the 5-years arrear of IDP allowance to the citizen
 
On December 25, 2008 B.Kh applied to the Ministry of IDPs, Accommodation and Refugees with the request to grant IDP status to him. The Ministry did not respond to his application and B.Kh appealed the Tbilisi City Court. In 2009, the Court satisfied his appeal but regardless many petitions of the Enforcement Bureau the Ministry granted IDP status to B.Kh in 2014 – five years later.
 
Consequently, because of the Ministry’s fault, B.Kh could not get the IDP allowance from 2009 to 2014. Neither the Ministry, nor the City Court satisfied the claim of B.Kh to pay the arrear of 2009-2014 IDP allowances.
 
The Tbilisi Appeal Court fully satisfied the appeal Human Rights Center and annulled the August 30, 2016 decision of the administrative panel of the Tbilisi City Court.
 
With the decision of the Appeal Court, the individual legal act of the Ministry was annulled and ordered the Ministry to pay unpaid IDP allowance to him in the amount of 1 843 GEL.
 
Former head of the police unit was fined with GEL 10 000 GEL for the battery of the advocate Giorgi Mdinaradze
 
On October 23 the Tbilisi City Court imposed payment of the GEL 10 000 fine on the accused Lasha Kvirkvaia in the battery of advocate Giorgi Mdinaradze. The Court found the former head of the Vake-Saburtalo district police unit guilty only in the abuse of power and acquitted him in the charge about violence.
 
Human Rights Center is alarmed with the decision of the Judge Lili Mskhiladze of the Tbilisi City Court, who in fact justified the violence against the advocate in the police office and encouraged the police officers to continue violence. The judge did not consider the statement of Giorgi Mdinaradze, who claimed that Lasha Kvirkvaia personally participated in his beating and inhuman treatment and it was verified by the expertise conclusion. Just the opposite, the judge trusted the fake testimonies of the police officers at the trial, where they tried to protect Lasha Kvirkvaia from criminal liability.
 
Former head of the Vake-Saburtalo police office # 5 Lasha Kvirkvaia was arrested for the abuse of professional power in November 2015. On December 29, 2015 the court released him under the bail of GEL 10 000.
 
Based on the today’s verdict, the Tbilisi City Court ordered the payment of the same 10 000 GEL as a preventive measure. 
 
Human Rights Center will continue defense of Giorgi Mdinaradze’s interests in upper instances of the court.
 
Dispute over IDP cottage resolved in favor of the IDP citizen
 
Z.M, IDP from so-called South Ossetia, applied to Human Rights Center for legal aid. He is a military servant and several times participated in the peacekeeping missions in Afghanistan.
 

In 2009 he received a cottage in Tserovani IDP settlement. The cottage was registered on Z.M and his family members.
 

In 2015, the commission created based on the Edict # 389 of the Minister of IDPs, Refugees and Accommodation (which discusses the privatization issues of the accommodations for each IDP family) privatized the cottage on his former wife M. R.
 

The commission did not consider that the cottage was already assigned to Z.M and giving the same cottage to M.R was negligence of law requirements. In addition to that, the commission did not consider that since 2007, Z.M had participated in the peacekeeping missions and they were leaving him without accommodation.
 

With the legal advocacy of Human Rights Center, Z.M appealed the Tbilisi City Court against the Ministry of IDPs and requested to annul the abovementioned administrative act.
 

On July 25, the Court fully satisfied the claim of Human Rights Center and annulled the decision of the commission.
 
Ministry of Education vs Citizen
 
D.J is orphan, does not have parents; he passed National Exams to enter the university and petitioned to the Ministry of Education and Science to get funding for the education. In accordance to the Law on High Education, the state funds the education of orphan students. Apart to the law, there is a special edict of the Minister, which clarifies that a student is considered an orphan if she/he provides death notifications of both parents. D.J’s mother had deceased and she was single mother; the fatherhood was not determined. Consequently, Demetre could not provide any documents about his father.
 
The Ministry of Education refused D.J to fund his tuition. Human Rights Center prepared administrative lawsuit to claim annulment of individual administrative act and to issue a new act. The lawsuit was satisfied. The Ministry of Education and Science is ordered to issue a new administrative act in favor of D.J.
 

Ministry of Economics vs Citizen
 

G.Sh, resident of Kareli municipality, applied to Human Rights Center’s Shida Kartli office for help. In 2012, he, as an internally displaced person, received a flat from the Ministry of Economics and Sustainable Development at symbolic price of 1 GEL. In 2014 he discovered that the flat had different owner. G.Sh could not identify the real address of the flat the Ministry had assigned to him. The Ministry of IDPs refused him to give a flat since the Ministry of Economics had already satisfied him with the accommodation.
 

In 2016, G.Sh appealed the Khashuri district court and requested to annul the privatization agreement dated by 2012. The Court satisfied his claim.
 

The Ministry of Economics appealed the decision of the district court at the Appeal Court claiming that the case was already outdated.
 

HRC Shida Kartli office lawyer assisted the IDP person to prepare counter-appeal to the Appeal Court and on July 14, the Appeal Court upheld the decision of the first court.
 
Convicted woman was early reason from prison
 
Human Rights Center assisted the convicted M.B, inmate of the prison # 5 to address the local council discussing the cases of female convicts with the request of her early-release.

In October, 2017 the local council for the review of the cases of female convicts satisfied the solicitation of the Human Rights Center’s lawyer and M.B was early released from prison.  
 
Georgian Public Broadcaster was ordered to air social roll of Human Rights Center
 
Based on the address of Human Rights Center, the Georgian National Communications Commission (GNCC) discussed the claim of HRC to the GPB to air its social video roll.
 

On July 27, the GNCC granted the social status to the video-roll and ordered the GPB to air the social video-roll.
 
Victim of domestic violence will not stay homeless
 
Lawyer of Human Rights Center prepared a counter-appeal to the Court for the victim of domestic violence, old woman S.D – whose opponents argued her about the flat.
 

On August 4, the judge at the civil law panel of the Tbilisi City Court fully shared the position of the Human Rights Center and did not satisfy the claim of A.D that means the victim of domestic violence will not stay homeless.
 
Defense of the interests of minor
 

Since February 6, 2017 Shida Kartli office of Human Rights Center provided a minor from Khashuri municipality with free legal aid. He blamed the mother in violence and abuse of parent’s rights.
 

In July 2016 the mother sent him to his aunts in Khashuri and never inquired about him. The mother got the pension of the child and this sum was not spent on his education. V.G was attending lessons in the school without documents.
 

With the legal aid of HRC Shida Kartli office lawyer, on October 13, 2017, the court deprived the mother from the parenthood rights and the aunt became the lawful guardian of the boy.
 
Others
 

as a result of the petition prepared by the HRC lawyer, the social agency re-examined the family conditions of the impoverished citizen L.Ts. Consequently, the family received new rating and the social agency granted social allowance to her.
With the legal advocacy of the HRC Kakheti office lawyer, a resident of Chumlaki village, Gurjaani municipality, received the status of guardian of her disabled mother; consequently they will be able to get the pension.
On September 12, the Tbilisi Appeal Court fully shared the position of the HRC Shida Kartli office lawyer and did not satisfy the lawsuit of D.S. The latter appealed the decision of the Gori district court, which satisfied the claim of J.G and ordered D.S to pay the debt dated 16 years back. Tbilisi Appeal Court upheld the decision of the Gori district court and ordered D.S to pay the 16-years-old debt to J.G, beneficiary of Human Rights Center.

Tbilisi Appeal Court satisfied the administrative lawsuit of HRC Kakheti office lawyer in favor of N.N. The Court annulled the May 21, 2015 decision of the Gurjaani district court and passed new verdict, based on which all decisions of the Gurjaani registration service with regard to disputed space were annulled and the Court ordered the service agency to renew proceedings based on N.N’s application and pass new decision about the registration.

The Tbilisi City Court satisfied the appeal of HRC lawyer into B.Sh’s case against social service agency. The Court annulled the incorrectly filled out evaluation forms of B.Sh’s family for what the latter lost the social allowance.
 
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