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The Human Rights Center Will Appeal to Strasbourg for Breached Property Rights

June 16, 2010

Nino Gelashvili

On June 15, the Human Rights Center gave a conference about one more fact of the breached private property. The case was about the owner of the “Farmakon 11” Nodar Begiashvili who was fined with 301472, 95 GEL.

The property owner Nodar Begiashvili states that the imposed fine is illegal and appealed to the court. The City Court passed verdict in his favor but the Appeal Court abolished its verdict. Currently, the Supreme Court is discussing his appeal. The trial is scheduled for June 24. However, Begiashvili supposes that the court will pass unfair judgment because of the general tendency and the decision of the appeal court.

At the same time, the government intends to sell his space in Aghmashenebeli Avenue, Tbilisi at the auction before the court hearing. Begiashvili requested the court to suspend this process temporarily but he was refused.

The lawyer of the Human Rights Center Nestan Londaridze said that if the space is not sold at the first auction, the price will be halfened for the second auction. If it is not sold again, the space will be assigned to the state for free.

Begiashvili doubts nobody will purchase his property and he will have to assign it to the state for free.

Because of similar background in the country, Nodar Begiashvili started to prepare the appeal to the European Court of Human Rights before June 24. The Human Rights Center will assist him in it. The lawyers from the Center have studied the case thoroughly and are ready to protect the rights of the private owner in Strasbourg.

Lawyer Nikoloz Legashvili said that the number of the appeals from Georgia to the Human Rights Court in Strasbourg has significantly increased. In parallel to it, the number of the judgments in favor of the citizens of Georgia against the Georgian state also increased.

The Human Rights Center is sure they would win the trial in Nodar Begiashvili’s case. Nikolos Legashvili works on the suits to Strasbourg. He said one of the reasons for the increased numbers of applications to the ECHR is free access to the court for every citizen. Georgian citizens already know that the European Court is a good tool for the protection of their breached rights. On the other hand, general courts and particularly the final instance – Supreme Court do not envisage the fact that people can appeal against their unfair verdicts at the European Court and most of them will be satisfied. Consequently, the Georgian state will have to pay more and more compensations from the state budget and it is a serious problem for the country with economical problems.

In 2009, the ECHR discussed 11 applications from Georgia; all 11 applications were satisfied. 7 violations were about inhuman and degrading treatment; one was about the right of effective investigation; 6 – freedom and security; 1- right of inviolable personal life.

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