Successful cases of Human Rights Center (July-October, 2020)

 

The European Court of Human Rights Ruled that State of Georgia Shall Pay EURO 10 000 to the Applicant

On October 22, 2020, the European Court of Human Rights finalized the examination of the case Bokhonko v. Georgia.  Human Rights Center represented the applicant in the ECtHR. The Court unanimously held the violation of the Article 3 (prohibition of torture) under the procedural limb and Article 6 (1) (right to fair trial) of the Convention. The Court also ruled that the respondent State shall pay EURO 10 000 to the applicant. 

The case was about the 2009 incident, when the Georgian law enforcement officers detained the citizen of Ukraine O. Bokhonko and blatantly violated his human rights guaranteed under the Georgian legislation and international law. They, without the witnesses and experts, under the physical force, through degrading and discriminative manner, searched O. Bokhonko for the purpose of obtaining some evidence. 

O. Bokhonko’s arrest and degrading investigative activities took place in one of the buildings of the Tbilisi International Airport. As a result of the search, the police officers, as they claimed, withdrew narcotic substance “methadone” from him. 

Accused persons on the case of Murad Tsurtsumia were sentenced to 10 and 9 years of imprisonment

On September 29, Tbilisi City Court completed the hearing of Murad Tsurtsumia's case. The court fully agreed to the evidence presented by the prosecutor's office and found the accused persons guilty of all charges against them and sentenced Z. P. to 10 years and V. B. to 9 years of imprisonment.  They were charged under paragraph 6 of Article 117 of the Criminal Code of Georgia envisaging intentional grave damage to health, resulting in the destruction of human life; further, they were charged under Article 126 (Violence) and under paragraphs 2(c) and 3(a) of Article 143 of the Criminal Code envisaging imprisoning a person unlawfully for the purpose of concealing or facilitating any other crime committed with a prior agreement by a group of persons. 

On January 2, 2020, on the so-called Dampalo Cemetery located in the 3rd settlement of Varketili in Tbilisi, Z. P., an employee of the Ministry of Internal Affairs, and V. B., the person accompanying Z. P. beat 24-year-old Murad Tsurtsumia to death over a car dispute. The accused persons also beat Mukhran Chkhvirkia, the brother of the murdered person, who managed to escape from the scene.

On January 6, the prosecutor's office declared the mother of the deceased as the legal successor of the victim on the case of death of Murad Tsurtsumia and further declared Mukhran Chkhvirkia as a victim. 

HRC was defending the legal interests of Murad Tsurtsumia's family. Although the accused V. B. was interrogated twice, he was never detained and was released under a written statement. On January 8, following the request of HRC and other NGOs, V. B. was arrested. 

 

Defendants accused of kidnapping an underage girl were convicted

On August 6, 2020, the Signagi district court finished the examination of the case of an underage girl, who was kidnapped in Sagarejo municipality on February 5, 2020, and the judge announced the verdict. HRC lawyer Lia Khuroshvili defended the legal interests of the underage victim.

There were three defendants in the case. R.K was sentenced to seven-year imprisonment under Article 143 Part 3 – “a” and “c” of the Criminal Code of Georgia (unlawful restriction of freedom by a group). V.K was sentenced to 7-year imprisonment under the same article but pursuant to Article 73 of the Juvenile Justice Code, his imprisonment was reduced at ¼ that made the final 5 years and 3 months under Article 143 part 3 – “a” and “c” of the CCG; however, V.K was also convicted under another article of the CCG, which implies punishment by 10-year imprisonment. Based on the Juvenile Justice Code, this charge was also reduced and, eventually, V.K will spend seven years and six months in prison. The third defendant V.M was also sentenced to seven-year imprisonment under Article 143 - part 3 “a” and “c” of the CCG that was reduced at ¼ based on the Juvenile Justice Code; in the end, he will spend 4 years and eight months in prison.

On February 5, 2020, a group of young men kidnapped an underage girl in a village of Sagarejo municipality for the purpose of marriage

Gori District Court annulled 3 000 GEL fines imposed on seven citizens during the state of emergency

On July 2, the Gori district court fully satisfied the administrative appeal of Human Rights Center and annulled 3 000 GEL fines imposed on seven citizens by police officers. 

On April 21, 2020, seven residents of Gori applied to Human Rights Center’s Shida Kartli office for legal aid. They reported that on April 17, patrol police officers had fined them for violating the social distancing. They claimed that the imposed penalties were unfair because they were not standing together and were keeping distance. Police officers concluded that they were standing together and fined each of them with 3 000 GEL. 

Human Rights Center appealed the Gori District Court and requested to annul the penalties issued by the officers of the Shida Kartli regional police department of the MIA. Gori District Court granted the claim of HRC in full. 

Gori District Court cancels the penalty of GEL 200 imposed on G.A. 

 

On September 30, 2020, Gori District Court granted a claim of G.A. requesting the deletion of the citation issued by the patrol police for the fine of GEL 200 when the police argued to G.A. that he maneuvered his car on a section of a road where the maneuver was forbidden.  G.A. first appealed the fine to the Ministry of Internal Affairs rejecting the complaint.  The court annulled the decision issued by the Director of the Shida Kartli Police Department of the Ministry of Internal Affairs refusing to satisfy the administrative complaint of G.A. The court fully shared the arguments of the representative of HRC defending the interest of G.A. in the court, and along the annulment of the acts, released G.A. from the payment of a fine of GEL 200. 

 

The Court of Appeals upheld the judgment in the case of the teenagers killed on Khorava Street

The Court of Appeals upheld the judgment delivered by the first instance against the accused in the case of the teenagers murdered on Khorava Street. On February 25, Tbilisi City Court sentenced M.K., accused in the case, to 11 years and 3 months of imprisonment. He is found guilty of the premeditated murder of Davit Saralidze committed in a group under aggravating circumstances.  HRC was defending the legal interests of Saralidze's family. 

The court annulled the order of the Mayor of Khashuri

Khashuri District Court annulled the order of Kareli Mayor imposing the disciplinary liability.

Shida Kartli Office of HRC has been defending the interests V.B. since August 2019. According to him, he worked at the Kareli Municipality City Hall in a capacity of a director of an office. On July 19, 2019, he was returning to work after a break when he was 5-6 minutes late for work due to an issue with a car. Although he informed the Mayor in writing, administrative proceedings still were initiated against him and on July 31 a reprimand was imposed as a disciplinary action. With the help of a lawyer from HRC, he appealed the decision to Khashuri District Court and demanded the annulment of the administrative legal act issued by the mayor. On July 15, 2020, the court granted the claim in full. 

The Minister of Defense canceled the disciplinary liability imposed on the citizen by the Principal of the Defense Academy

On August 25, 2020, K.T. a resident of Gori, applied to Shida Kartli Office of HRC.  According to him, on November 5, 2019, by an illegal and unjustified order of the principal of the David Agmashenebeli Georgian National Defense Academy, a disciplinary action of "reprimand" was imposed on K.T. He appealed this order to the Minister of Defense of Georgia on November 6, 2019, but did not receive a response to the complaint. The lawyer of HRC provided legal advice to K.T., as a result of which a formal written request was sent to the Minister of Defense. We requested the copies of the files of the administrative proceedings and the immediate handing over of the decision on the complaint by the Minister. Following the request of HRC, the Minister of Defense issued an order to cancel the disciplinary liability imposed on K.T.

On different issues:

• In July 2020, the Supreme Court granted the cessation defense of HRC and upheld the decision of the Court of Appeals, ordering the Special Penitentiary Service of the Ministry of Justice of Georgia to pay GEL 25,000 to G.J. as a victim of torture and inhuman treatment in moral damages.

• In October, 2020, the National Agency of Non-custodial Justice and Probation enfroced the judgment of the court and restored E.M to her working place. E.M worked in the National Agency of Non-custodial Justice and Probation as a psychologist since 2014. In December 2015, she was arbitrarily fired from job. Human Rights Center defended legal interests of E.M in the court. In May 2020, the Tbilisi Appellate Court upheld the A decision of the Tbilisi City Court, which ordered the National Probation Agency to restore E.M to her working place and reimburse the missed salary until the Agency fully executes the judgment and restores the applicant on the working pace. 

• With the help of Kakheti Office of HRC, supporters were appointed to 3 persons V.D., D.R. and M.A. 

•  At the request of the lawyer of Kakheti Office of HRC and of the plaintiff's lawyer, the ongoing property dispute between G.S. and G.J. was successfully concluded by a settlement between the parties. 

• Akhaltsikhe District Prosecutor's Office granted N.M. the status of a victim, the person was defended by HRC. As a result of the legal aid provided by HRC in October, the Akhaltsikhe District Prosecutor's Office granted the lawyer's request and recognized N.M. as a victim in the case.

• On July 29, 2020, the Supreme Court of Georgia did not accept the cassation appeal of A.Ch, who claimed annulment of the December 17, 2019 decision of the Administrative panel of the Tbilisi Appellate Court. The latter had upheld the decision of the Gurjaani district court and satisfied the appeal of L.T, HRC beneficiary, against the Public Registration Agency and third person A.Ch. The court annulled the decision of the National Agency of Public Registry to register the estate. The Court also satisfied the application of L.T on the enforcement of the claim. HRC defended legal interests of L.T in the court. 

• In October, as a result of legal aid from a lawyer within HRC, O. T. received GEL 18,000 in compensation from the Office of the Prosecutor General of Georgia. The courts granted the claim of HRC and ordered the Office of the Prosecutor General of Georgia to pay GEL 18,000 in favor of O.T. in damages caused by illegal decisions.  

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