Successful Legal Litigation Cases of Human Rights Center (November 2016 - February 2017)
March 24, 2017
Ministry of Corrections to Pay 60 000 GEL to the Prisoner
The Tbilisi City Court satisfied the lawsuit of Human Rights Center and ordered the Ministry of Corrections of Georgia to pay 60 000 GEL to the torture victim prisoner, as a compensation for moral damage only.
Human Rights Center defends the rights of the convicted L.Tch, who received status of victim of torture and inhuman treatment from the side of the prison personnel in two criminal cases.
In October, 2016, the Ministry of Corrections decided to finish the litigation into another case of torture and inhuman treatment with the agreement with the victim T.R, who also was beneficiary of Human Rights Center. Short time ago, the Ministry paid 20 000 GEL as compensation to T. R.
Medical clinic Lancet was forbidden to carry out transplantation operations
Based on the Human Rights Center’s petition, in November 2016, medical clinic Lancet was forbidden to carry out transplantation operations. Human Rights Center defends rights of the families of two deceased patients of the clinic.
Emergency transplantation operations were conducted on the two patients in the medical clinic Lancet. One of the patients had to sign debt agreement with the clinic employee though the purpose of the debt was not mentioned in the contract. After the transplantation operation G.Ch deceased.
Human Rights Center addressed the National Agency Regulating Medical Activities to study the death fact of the patient in the medical clinic Lancet after the transplantation operation. After the survey, the Agency forbade the clinic to carry out transplantation operations.
Restriction on phone calls in penitentiary establishments cancelled
In the end of 2016, inmates of several penitentiary establishments reported Human Rights Center that phone communication system was changed in the facilities and the inmates had to fill in special forms to indicate 5-10 phone numbers which they could call within one month. Human Rights Center condemned this practice and held a press-conference on December 15, 2016. The Ministry of Corrections of Georgia did not confirm the disseminated information, however, soon the prisoners reported to the Center that from January 2017 the restrictions on phone calls were removed.
Strasbourg Court Concluded Preliminary Alleged Violation into Aslan Tsutsashvili’s Case
The Strasbourg Court of Human Rights concluded preliminary alleged violation into the case of A.Ts. The resident of Omalo village, Pankisi Gorge appealed the European Court of Human Rights for the degrading treatment and discrimination on ethnic grounds from the side of police officers. Human Rights Center sent application to the ECtHR on October 7, 2016 and on December 4, the Court “communicated” the organization about the case. It means the ECtHR concluded preliminary alleged violation. Although it is not final judgment, it is more likely that the Court identified violation of human rights in the case. The police officers, whom the applicant blames in the physical abuse and discrimination, still occupy their positions.
Citizen of Georgia was allowed to enter the Georgian territory
As a result of Human Rights Center’s advocacy, citizen of Georgia L.A was allowed to enter and stay in the country. Unidentified persons, who introduced themselves as law enforcement officers, demanded L.A to leave the country or he would have problems. L.A obeyed their demand and left the country for 3 months. However, when traveling back, he was afraid of being blocked at the border.
Representatives of Human Rights Center met L.A on the border, where the border police officers clarified to them that they could not allow L.A into the country though could not name concrete reasons.
Human Rights Center addressed the Border Defense Inspection, Ministry of Internal Affairs and General Inspection of the MIA to allow L.A to enter the country. The organization notified the Public Defender’s Office about the situation as well. Based on the address of HRC, L.A was allowed to enter and stay in the country.
Tbilisi Appeal Court to re-consider the judgment of the political prisoner
The judgment against the former political prisoner B.K will be re-considered. The Chief Prosecutor’s Office decided to re-investigate the criminal case based on the petition of Human Rights Center. B.K was arrested for alleged espionage on July 13, 2010 and the Court sentenced him to 9-years prison term. On January 13, 2013, he was freed from prison with the status of political prisoner. The criminal case against him still has top secret status.
Department to Investigate Offenses Committed in the Course of Legal Proceedings at the Chief Prosecutor’s Office re-investigated the criminal case against the political prisoner and determined that B.K was innocent and decided to reconsider the court judgment. The resolution, which confirms innocence of the former political prisoner, due to recently discovered circumstances, was forwarded to the Tbilisi Appeal Court. The prosecutor’s office requests the Court to acquit B.K in the imposed charge.
Human Rights Center welcomes the decision of the prosecutor’s office to reconsider the charge against the political prisoner and hopes the Appeal Court will also share the position of the prosecutor’s office and re-consider the judgment against Kiguradze.
After the Tbilisi Appeal Court reconsiders the case, Bakur Kiguradze will be discharged from the arbitrary sentence and will be legally rehabilitated.
Human Rights Center vs Property Management National Agency
The Administrative Collegium of the Tbilisi City Court satisfied the appeal of Human Rights Center against the Property Management National Agency of the Ministry of Economics and Sustainable Development. Human Rights Center defended interests of V.G at the Court, who owned a plot in the village of Meria in Zugdidi municipality, but the Ministry of Economics had registered it as the state property.
V.G applied to the Property Management National Agency and requested to correct the so-called red lines and re-register the plot as his property. The Agency refused though the applicant provided the relevant legal documents to prove that the plot belonged to him.
With the legal aid of Human Rights Center, the Court annulled the decision of the National Agency and ordered the Agency to commence comprehensive survey of the situation and to issue new decision.
Ethnic Roma received ID card
Human Rights Center provides the members of the Roma community with free legal aid, who does not have ID or other documents that hinders their integration into society. With the legal aid of Human Rights Center, ethnic Roma B.M received the ID car and now she can enjoy her rights guaranteed for the citizen of Georgia and get involved in different social programs.
Supreme Court of Georgia about the case of patrol police inspector
On December 6, 2016 Supreme Court of Georgia did not accept the cassation lawsuit of the Ministry of Internal Affairs against the illegally dismissed patrol police officer and upheld the January 28, 2016 decision of the Tbilisi City Court in force. With January 28, 2016 decision the MIA was ordered to restore the dismissed patrol police officer to his previous working position and reimburse missed salary.
Human Rights Center vs Service Development Agency of the Ministry of Justice
Citizen of Pakistan applied to Human Rights Center for legal aid, who is married with a citizen of Georgia, lived in Georgia legally but his residential permit expired. The applicant owns an enterprise in the country. The State Services Department of the Ministry of Justice had refused him to extend the residence permit based on the negative conclusion of the counter-intelligence department of the State Security Service.
With legal advocacy of HRC, the foreign citizen appealed the Tbilisi City Court and on December 20, 2015 the Court satisfied the appeal of the Center. The Court annulled the decision of the Agency and ordered it to review the circumstances about the case and pass new decision.
Investigation renewed in the case of the convicted person
On December 24, 2014, police officers physically and verbally assaulted L.Sh during detention. Based on the complaint of the detainee the investigation was commenced but was cancelled claiming that fact of the physical assault was not confirmed. Due to recently discovered circumstances in 2016, Human Rights Center addressed the prosecutor’s office to re-open investigation into the case. In February, 2017 the prosecutor’s office decided to re-open the investigation into the alleged physical assault on the detainee by police officers.
Tbilisi Appeal Court satisfied the appeal of Human Rights Center
In February, 2017, the Tbilisi Appeal Court did not satisfy the appeal of the MIA and upheld the decision of the Tbilisi City Court, which had imposed obligation on the MIA to convey the requested information on the convicted person.
With the documents, Sh. P. will be able to appeal the court and request revision of the guilty judgment. Also, the court judgment is very important for the case law that means in future the Court will pass similar judgment in related cases.
Defense Ministry accepted the agreement conditions with Human Rights Center
In February 2017, Human Rights Center sent official letter to the Ministry of Defense and offered its conditions for the agreement in the administrative dispute between R.M and the Ministry. Human Rights Center represented R.M, former officer of the Ministry, at the court. The Center offered the Ministry to restore R.M to his working place with the same salary; to remove the information about discrediting action of the officer from his personal history. If the Ministry accepted the conditions, the applicant was ready to request the reimbursement of the missed salaries. The Ministry accepted the proposal.
IDP discharged from illegally imposed communal bill
The Tbilisi City Court satisfied the appeal of Human Rights Center where the organization requested to discharge the family of IDP G.N from the electricity communal bill which was illegally imposed by the JSC Telasi. In February, 2017 the Tbilisi City Court satisfied the lawsuit and discharged the IDP family from the obligation to pay 2, 460.50 GEL to the JSC Telasi.
General Inspection of MIA imposed disciplinary sanction on investigator
Human Rights Center defends victim of domestic violence, whose husband systematically threatens her with murder and destruction of the property.
In November, 2016 Human Rights Center addressed the Marneuli municipal department of the MIA to take urgent measures to react to the intimidation fact, but in vain. The investigation was purposefully dragged out and the Center appealed the General Inspection of the MIA. The latter imposed disciplinary sanction on the investigator in charge of S.A’s case. Afterwards, the investigator contacted the Center and notified that they had renewed the investigation.
Samtredia municipality administration satisfied the request of Human Rights Center
Human Rights Center addressed the Samtredia municipality administration to give accommodation to the victim of domestic violence S.G and her underage children. The Center petitioned the administration to take hard social conditions of S.G into account and grant status of socially vulnerable person to her, to provide her and her children with necessary medicines. The administration satisfied the petition and rented a flat for S.G and her children.
Mother was allowed to live with her child
Husband’s relatives blamed the victim of domestic violence N.Ch in the betrayal of the husband, kidnapped her child and the aunt took the girl to her family. The child has grave psychological problems. The relatives are permanently telling her that the mother betrayed the father and did not allow the mother to see her. Human Rights Center appealed the court and requested to pass interim decision before final verdict and considering the best interests of the child to allow the mother to see the daughter; and to determine the home of the mother as residential place for the child and give 24 hours (per week) to the father to see the daughter.
On February 6, the Tbilisi City Court satisfied the second part of the solicitation – determined the house of the mother as residential place of the child; as a result, the child will spend 4 days with the mother and 3 days with the father.
Social Agency satisfied administrative complaint of Human Rights Center
Social Agency satisfied the administrative complaint of Human Rights Center about the case of T.G, victim of domestic violence and annulled 500 GEL fine.
T.G was victim of violence from the side of her husband. In 2013, the Tbilisi City Court issued restraining order on her husband and the latter was forbidden to approach the residential place of T.G.
Since the child did not want to see the father, the mother did not force him to meet the father and consequently the social agency fined her with 500 GEL [for the violation of the court judgment]. The social agents did not consider psychological disorder of the child and demanded the mother to see the father, though they had personally witnessed how the child categorically opposed meeting the father.
Various
- Agreement was reached in the case litigated by Human Rights Center. A person, guilty for the car accident, did not reimburse the damage of 250 GE to the car owner L.Kh. With the legal aid of Human Rights Center the trial into the case finished with agreement. The violator reimbursed the total expenses for the repair of the car. The applicant dropped court proceedings against him.
Gori District Court ruled to partly satisfy the claim of M.G, who requested annulment of the purchase agreement. Based on the court judgment, the disputed property was mortgaged, the plaintiff was obliged to pay the initial debt – 4 500 USD.
- Human Rights Center represented N.K at the court, whose property was illegally registered by M.G. In accordance to the old acts, the property was divided between three persons. The court proceedings finished with agreement – the parties agreed to re-rigster the property.
Wife did not allow B.M. resident of Chumlaki village, Gurjaani municipality, to see the child, claimed divorce and alimony. The father had not seen the child for 1 year. With the legal aid of the Center, the parties reached agreement, got divorced and alimony was appointed. The father was allowed to see the child.
- The family of E.I is persecuted by police. E.I claims the reason is business interests of concrete persons. She, together with the businessman Sh.K owns a space, which is totally occupied by the partner and does not allow E.I to use it. Human Rights Center assisted E.I to prepare a complaint to claim division of the common property. On February 23, the Court satisfied the claim of E.I.
- With the legal aid of Human Rights Center, resident of Gori L.B determined the fact of marriage of her parents. She could not determine it in the Public Registration Agency and with the legal aid of the Center, she appealed the Court, where the organization’s lawyer requested to indicate the name of the applicant’s mother in her birth certificate, that could become basis for getting the heritage. The Court satisfied the claim of Human Rights Center.
- With the legal aid of Human Rights Center, the solicitation of G.B’s wife was satisfied to acknowledge her to be temporary supporter of the disabled person. The pension was suspended for the person with disabilities because he did not have official supporter.
- On February 22, 2017, the Rustavi City Court satisfied the lawsuit of L.K to annul the administrative acts and ordered the Rustavi City Hall’s supervision service to start new survey into L.K’s case.
- With the legal aid of Human Rights Center, the Gori district court partly satisfied the claim of the victim of political repressions to pay compensation of 1 600 GEL as victim.
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