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Successful Cases of Human Rights Center (July-September, 2016)

October 6, 2016
The convicted person won trial against the Ministry of Internal Affairs with the support of Human Rights Center

Administrative Collegium of the Tbilisi City Courtordered the Georgian Ministry of Internal Affairs to convey to the convicted Sh. P. the documents, in particular, the registration card of the comencement of the investigation into the criminal case (the exact time, year, month and date when th investigation started) and the exact time of when the report on the crime wasregistered (year, month and date) from the online data base of criminal cases. 

With the documents, Sh. P. will be able to appeal the court and request revision of the guilty judgment. The MIA’s refusal on issuing the documents substantially harassed Sh.P.’s right to have access to justice. Sh.P. could not address the court without the documents. 

On February 6, 2015, the Tbilisi City Court convicted Sh.P. for drug crime. Sh.P. was sentenced to 11 years of imprisonment. On July 8, 2015, based on the amendments to the Georgian Criminal Code, the punishment for drug crime was eased.

The Appeal Court Also Confirmed Labor Discrimination in TELASI

With legal assistance of Human Rights Center the Tbilisi Appeal Court ruled labor discrimination against the former employees of TELASI (Tbilisi Electricity Distribution Company).

On July 22, 2016 the Tbilisi Appeal Court upheld the July 22, 2015 decision of the Tbilisi City Court based on which the claim of Davit Nadirashvili and Kakha Simonidze was satisfied. 

A year ago, on July 22, 2015 the court deemed that dismissal of Davit Nadirashvili and Kakha Simonidze from work was unlawful and annulled the orders of their dismissal. Kakha Simonidze and Davit Nadirashvili were restored to their positions and JSC Telasi was imposed to pay a compensatory award in amount of 100 000 GEL. At the same time, the Court estimated the labor discrimination and ruled that the applicants were subjects of purposeful persecution and intimidation from the TELASI administration.

On September 9, 2014, a director general of JSC Telasi Sergey Kobtsev, by breaching internal regulations of JSC Telasi and provisions of Labor Code of Georgia, illegally dismissed a head of economic safety and protection department of JSC Telasi Davit Nadirashvili and analyst of the same department Kakha Simonidze from their positions. 

The head of the Legal Department of the Ministry of Corrections apologized to Human Rights Center’s lawyers

On July 1, the lawyer Nestan Londaridze met convicted Gocha Ts. in prison # 7. On July 5, lawyer Eka Lomidze met convicted Zurab K in prison # 18. In both cases the lawyers made notes about the future advocacy activities in the prisoners’ cases. The prison personnel demanded the lawyers to show the notes but the attorneys refused. 

Human Rights Center disseminated the appeal and together with Georgian Bar Association held press-conference.  In response to the joint press-conference of Human Rights Center and Georgian Bar Association, head of the legal department of the Ministry Sandro Darakhvelidze told TV-Company Imedi false information as if the Human Rights Center’s lawyer had visited the prison to meet “famous” “high risk prisoner” Shalva Abuladze, who had handed a piece of paper to the lawyer and the lawyer tried to leave the facility with it. The information is not true. Therefore, Human Rights Center called on the Ministry of Corrections to deny the disseminated false information. Later, during the private meeting, Sandro Darakhvelidze apologized to the lawyer of Human Rights Center for dissemination of false information. 

Besides, in August 2016, the Ministry of Corrections officially informed Human Rights Center that because of the incident with Eka Lomidze, 4 law enforcement officers in penitentiary establishment #8 were disciplinary punished for inappropriate performance.

Human Rights Center against TV Company Imedi

On September 29, the Tbilisi City Court left in force the decision of the Georgian National Communications Commission [GNCC], which fully satisfied the request of Human Rights Center the presented video clip was granted the status of social advertisement and the TV Company was ordered to air the advertisement. 

In February, 2016 the GNCC ordered the TV-Company Imedi to air the social advertisement. The GNCC satisfied the suit of the Center against the TV-Company. The suit said that the organization had produced a social advertisement and sent to the TV-Company Imedi to air it. The Organization claimed that the audio-visual material belonged to the category of the social ad which aims to promote public welfare, meets charity purposes and Human Rights Center is non-commercial, non-profit organization whose activities does not aim to get any profit and has charity purposes. The claim of the organization reads that majority of broadcasters, whom the Center had applied to, had aired the advertisement for free; those TV-Companies are: Ltd Studio Maestro, Ltd TV-Company Kavkasia, Public law legal entity Public Broadcasting I, Public law legal entity Public Broadcasting II, Ltd Rustavi 2, nongovernmental organization Civic Education Fund, Ltd Radio Palitra, Ltd Georgian Radio (Radio Maestro) and public law legal entity GP Radio I.

Domestic Violence

On July 25, the Gurjaani District Court convicted the domestic violator for 3 years of suspended sentence and 200 hours work for the good of society. From July 19, 2016 Human Rights Center helped G.K., who on February 11, 2015 married R.G., living in the village Mejvriskhevi in the Gori Municipality. At that time, G.K. was underage and R.G was adult. On June 27, 2016 G.K. delivered a child. Immediately after the birth of the child Service Agency informed the Gurjaani Police Station about it and the investigation started based on the article 14011 of the Criminal Code of Georgia and G.K. has victim’s status.

The problem of transporting Roma Children 

The Roma and Azebaijani families living in the village Aktaklia of the Gardabani municipality used to pay the driver of a micro-bus to transport their children to the only Russian language public school #3 in Rustavi. With the advocacy of Human Rights Center, the Ministry of Education appointed free bus which will serve the school-children from ethnic minority families in Aktaklia. The transport will work in two shifts and the Ministry of Education will fully cover the expenses. 

The Gori City Hall gave single financial aid to former prisoner as a result of Human Rights Center’s advocacy 

J.L. is former prisoner, victim of the so called “Prison Riot” in 2007. In the riot he was physically assaulted and his health was gravely damaged. His only income is pension and social allowance, which cannot cover even the expenses for medicines and flat rent (100 GEL). The lawyer of Human Rights Center Shida Kartli’s Office appealed the Gori City Hall and asked for financial assistance to cover the flat rent or his debt in Liberty Bank. 

On August 10, 2016 the Gori City Hall satisfied the request of Human Rights Center and assisted J.L with 100 GEL.