By a judgment of May 17, Kutaisi City Court granted the complaints by HRC and declared null and void the administrative offense reports drawn up against citizens S.B., S.B., D.J., and revoked the fines imposed on them.
The citizens who received a free legal aid from HRC where fined on November 30, 2020 and January 4, 2021 for not wearing masks outdoors.
According to the assessment by HRC, although the requirement to wear the mask was laid down in article 3(a1) of Ordinance N368 of the Government of Georgia from June 15, 2020 (the amendment was made effective on November 3, 2020), still the norm could not be a basis for imposing the fine as article 4211 of the Georgian Code of Administrative Offenses provides for the fine only for not wearing the mask indoors. Exactly within the legal frames of the latter norm Ordinance N368 of the Government of Georgia from June 15, 2020 was operative. Accordingly, imposing a sanction on individuals under the Governmental Ordinance is not permitted. The fines may be imposed only under the laws and not under subordinated legal acts (Article 9 of the Law of Georgia on Normative Acts and Article 2 of the same Law).
HRC appealed the administrative offense reports with Kutaisi Patrol Police Division, however the authority rejected the appeal. The decisions of the police authority rejecting the appeals were appealed by HRC with Kutaisi City Court. On May 17, Kutaisi City Court annulled the administrative fines imposed on 3 citizens and revoked the fines.
Human Rights Center