Successfully Advocated Cases by Human Rights Center

Case of Tamaz Rasoyan

On May 5, Judge Besik Bugianishvili at the Criminal Collegium of the Tbilisi City Court satisfied the solicitation of Human Rights Center on postponing the imprisonment term for Tamaz Rasoyan based on Article 283 of the Criminal Procedural Code – grave health conditions. Tamaz Rasoyan was freed from the court room.

Tamaz Rasoyan spent 12 years in the prison. He was subjected to torture and inhuman treatment several times, as a result of what he got serious diseases. Despite multiple petitions of Human Rights Center, the Ministry of Corrections refused to early-release the tortured convicted person although his diagnose met the criteria set up in the resolution of the Minister of Labor, Healthcare and Social Welfare about the list of grave and incurable diseases that may become basis for the early release of a convicted person. It is noteworthy that on May 17, 2013 Tamaz Rasoyan was found a victim in the case of prisoners’ torture in the Prison # 6. Based on the victim document, Tamaz Rasoyan was beaten and tortured in prison # 6 as a result of what he received physical and moral damage.

Tamaz Rasoyan witnessed the riot in Ortatchala prison in 2006. On October 15, 2012 Human Rights Center published his testimony and provided the prosecutor’s office with the information he shared with the organization.

Human Rights Center appealed the court to compensate Rasoyan for his torture by the prison personnel. The former convicted person claims the Ministry of Corrections to pay him compensation of 500 000 GEL for physical and moral damage. The trials into the compensation case will start on May 18. 

Case of Illegally Dismissed Military Officer 

Administrative law collegium at the Tbilisi City Court satisfied the lawsuit of a citizen against the Ministry of Defense. Lawyer of Human Rights Center defended the rights of the applicant in the frame of the free legal aid program.

Based on June 3, 2016 decision of Judge Nino Tchalidze, the Ministry of Defense of Georgia has to reimburse the salary arrears of 2 168 USD to its former employee J. A.

In the past, the applicant worked for the Defense Ministry and was under supervision of the human resources department for 16 years. In 2015 he was fired but the Ministry did not pay his salaries for 1998-1999. The applicant had petitioned to the Ministry with regard to reimbursement but they refused “due to lack of funds.” J.A appealed the refusal at the Tbilisi City Court. Human Rights Center’s lawyer Eka Lomidze represented his rights at the court.. .

Case of Azerbaijani citizens seeking political shelter in Georgia 

Human Rights Center worked on the case of the Agalarlis since 2014. On October 30, 2015 the Ministry of Refugees and Accommodation of Georgia groundlessly refused Dashgin and Orkhan Agalaralis to grant refugee status based on the allegation that their stay in Georgia created threats to the state security and interests. In its decision the Ministry did not verify the reasons of refusal and the threats which became ground of negative answer. On the one hand the Ministry stated that in case of return to Azerbaijan Dashgin and Orkhan Agalaralis may be subjected to political persecution, torture and murder but on the other hand the Ministry refused them to grant the refugee status in Georgia. 

On June 23, with legal aid of Human Rights Center the Tbilisi City Court satisfied the claim of Azerbaijani citizens Dashgin and Orkhan Agalarlis and granted them refugee status.

 

Case of illegally dismissed patrol police officer

On June 24, the Tbilisi Appeal Court upheld the decision of the Tbilisi City Court to restore the beneficiary of Human Rights Center, former patrol police officer Ioseb Abuladze to the working place in MIA. Human Rights Center defended the rights of Abuladze together with Georgian Young Lawyers Association.  

In October 2014, Human Rights Center and Georgian Young Lawyers’ Association appealed to the Tbilisi City Court and requested restoration of the patrol inspector to his working place and reimbursement of the missed salaries; the lawsuit was satisfied with January 28, 2016 decision.

Lawyer Tamar Avaliani of Human Rights Center and Lawyer Mikheil Jakhua of the Georgian Young Lawyers’ Association (GYLA) represented his interests at the Tbilisi Appeal Court. 

Kakheti office 

Litigation against Revenue Service 

Kakheti office of Human Rights Center defends rights of T. S. resident of Melaani village in Gurjaani municipality. His family is registered in the data base of socially vulnerable people. The Revenue Service imposed a fine on his family for unpaid property tax for the agricultural plot which did not belong to the family at all. In the report period, with the legal advocacy of the HRC, the Gurjaani municipality court annulled the administrative act and cancelled the imposed fine on the family. 

Case of domestic violence 

Kakheti office of Human Rights Center defends rights of E. Sh., who was victim of violence from her former husband and parent-in-laws. The beneficiary has underage child. After the divorce the family of the former husband did not allow her to take the child with her. HRC assisted her to appeal the court and return her child back. In the report period Gurjaani district court satisfied the appeal of the HRC and estimated the house of the mother as a place of residence for the underage child. Also, the court ordered the father to pay 100GEL monthly allowance to the child. Regardless the court judgment, the family of the former father does not give the child to the mother, for what the HRC lawyer appealed different institutions to force enforcement of the court decision.