Press Release

Successful Cases of Human Rights Center (March-June 2021)

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Person accused in the murder of his wife was sentenced to 15 years in prison

On July 6, 2020 in Khashuri I.K. inflicted with a gun several gunshot wounds on his wife, a mother of three children, T.R. who died on the scene. On July 8, 2020 the lawyer of HRC Shida Kartli Office became involved in the criminal case to defend the interests of M.R. a successor of the victim, the mother of the deceased T.R.
An investigation has been launched into the case on the charges of intentional homicide of a family member. It becomes clear from a covert recording that the murder was committed out of jealousy. The deceased has been inflicted 11 injuries from two firearms. The HRC lawyer applied to the office of prosecutors of Shida Kartli and Mtskheta-Mtianeti District requesting to bring additional charges for committing the intentional murder on the grounds of gender and with extreme cruelty. The prosecutor's office granted the request and charged the accused under the subsumption of both the murder committed with gender-related motivation as well as of the murder committed with extreme cruelty. 
The defence submitted a health certificates of I.K. issued on April 2017 proving that he was   diagnosed with a behavioral disorder. Further, there was scheduled an on-site psychiatric examination of the accused. The strategy of the defence completely was based on the assertion that the accused was insane when committing the crime and he should be completely released from a criminal liability. The HRC lawyer lodged an application with Levan Samkharauli National Forensics Bureau and requested a thorough study of the case files, and conducting a competent, impartial and objective expert examination. According to the conclusion of the psychiatric examination, the accused was diagnosed with a limited sanity when committing the crime.
On March 29, 2021, the Court held the accused I.K. guilty of the murder of a family member sentencing him to 15 years in prison. At the time being, Tbilisi Court of Appeals hears the appeal of the Prosecutor's Office in the part of committing the murder with gender-related motivation and with extreme cruelty as was requested by HRC.
One more person was detained in the case of adolescents killed on Khorava Street 

On April 15, the Ministry of Internal Affairs detained one more person G.M. charged with murder of Davit Saralidze. He was charged under Article 109(2)(b) and (e)  of the Criminal Code of Georgia (intentional killing by a group of persons of a minor knowingly by an offender)  envisaging a sanction  of imprisonment from 13 to 17 years.
An HRC lawyer represents the interests of the family of Davit Saralidze before the court. In connection to the case of the minor killed in 2017 in Tbilisi, the Ministry of Internal Affairs arrested G.J. in December 2017, and M.K. in June 2019, who were convicted and sentenced for the offense committed.
Further, on April 15, 2021, the investigation has found out that G.M. together with G.J. and M.K. detained in 2019 acting in a group inflicted bodily injuries to minor Davit Saralidze with a sharp object and with an intention to kill him.

A citizen was acquitted on criminal charges

In April 2021 the Tbilisi Court of Appeals acquitted G.B. According to the judgment by the court, the judgment of conviction rendered against G.B. on December 5, 2006 was reversed.  The court rendered a new judgment of acquittal in the case. 
Tbilisi Court of Appeals was hearing the case within a review process due to newly discovered circumstances. 
According to the judgment of December 5, 2006 G.B. was charged under Articles 118 and 178 of the Criminal Code envisaging grievous bodily harm and robbery. An HRC lawyer defended legal interests of G.B. at the court hearing.

Through an advocacy by Human Rights Center, a perpetrator was barred from approaching the victim
HRC carries on defending the interests of Lela Lobzhanidze, a journalist with Trialeti TV Company who became a victim of threats to life by an officer of the Ministry of Internal Affairs and his family members. 
 On July 23, 2020, the head of the information service of Shida Kartli regional TV Company Lela Lobzhanidze was attacked by her husband's brother and nephews at the grave of her deceased husband. In addition to verbal abuse, she was threatened with death and they attempted a physical violence upon her. The case files contain a number of testimonies of direct witnesses, a video describing the fact and other evidence. Despite this, it took 9 months for the Prosecutor’s Office of Shida Kartli and Mtskheta-Mtianeti District to bring charges against the persons, raising suspicions that the investigation was favoring the defendant because one of them Z.E. was an officer of the Special Tasks Department within the Ministry of Internal Affairs while the other brother T.E. was an employee at one of the entities established by Kareli municipality. 
Allegedly, the ruling by Gori District Court from April 6, 2021 releasing the accused persons from any measure of restraint was due to the official status of the latter persons and some illegal protectionism. 
On April 15, 2021, the investigation panel of Tbilisi Court of Appeals granted the appeal by Shida Kartli and Mtskheta-Mtianeti District Prosecutor's Office submitted at the request of HRC and remanded the accused on bail of GEL 1,500 as a measure of restraint banning them in an additional measure from approaching Lela Lobzhanidze, her residence and, her place of work. 
Gori District Court hears the case on the merits.

A citation drawn to a citizen was cancelled and the driving license of the person was restored

On May 20, 2021, Gori District Court granted in full an administrative complaint of K.M. and annulled the electronic citation drawn by the patrol police and the decision of the same body suspending the driving license for 6 months to K.M. because of driving the vehicle under influence of alcohol. 
On March 15, 2021, in Gori on Stalin Avenue, K.M. was sitting in his own stopped vehicle and waiting for his brother G.M. who had to drive K.M. home. As G.M. was not going to drive a car, he consumed two glasses of beer. At this moment he was approached by the patrol police, which issued him an electronic citation for driving a car under the influence of alcohol and suspended his driving license for 6 months. 
With the assistance of HRC, a complaint was drafted later lodged with Patrol Police Department requesting the cancellation of the citation and revocation of the imposed administrative penalty, but the complaint was rejected.  Therefore, an administrative complaint was filed with Gori District Court, where the request was granted in full.

Court canceled a fine issued to an activist 

On April 3, a judge of the Panel of Administrative Cases of Tbilisi City Court rejected the request of the Ministry of Internal Affairs and agreed with a position offered by HRC not to hold   activist A.M. detained at the protest rally as an offender and to cease the proceedings against him. 
On February 19, 2021, the participants of the protest rally in front of the Parliament decided to erect a protest camp in order to hold permanent rallies, which they failed to fulfill due to the resistance by the police. During the incident several activists including A.M. were detained.  He was released on the same day on his own recognizance (a formal promise to behave in a due manner), however, charged with an administrative misdemeanor under Article 173 of the Code of Administrative Offenses of Georgia for disobeying a lawful order of the police.
On April 3, 2021, at the court hearing held on April 3, 2021, a representative of the Ministry of Internal Affairs requested the court to find A.M. as an offender and to impose on him an appropriate administrative penalty (a fine in the range of GEL 1,000 to GEL 4,000 or imprisonment up to 15 days). The judge rejected the request of the Ministry of Internal Affairs to hold A.M. as an offender, and terminated the proceedings against him.

Case of a person detained at a protest rally was dismissed by court

On June 9, 2021, Bolnisi District Court dismissed a case of an administrative offense against A.M. detained on the rally in front of Marneuli City Council.  The Ministry of Internal Affairs accused him of petty hooliganism and disobedience to a lawful order of a police officer, but there was no evidence presented at the court hearing proving the fact that he had committed the offense. 
According to A.M., on April 29, he was participating in a rally held in front of Marneuli City Council. When A.M. entered the premises of the City Council, the law enforcement officers detained him and drew up a report of administrative offense against him according to which A.M. was held as an offender in misdemeanors under Articles 166 and 173 of the Administrative Offenses Code of Georgia. 
With the assistance from an HRC lawyer, on June 9, Bolnisi District Court dismissed the case of administrative offense against A.M. due to the lack of evidence.

Employee fired during a pandemic was repaid a salary

On June 17, 2021, Tbilisi City Court granted in part a claim of HRC and ordered Techno House LLC to pay a compensation and lost earnings in favor of employee S.A. in the amount of GEL 7,000. The formal order dismissing S.A. from the work was also revoked. . 
In August 2020, HRC was approached for assistance by S.A.  He was employed as a technician since 2015 under a labor contract with Techno House LLC and continued to work there in the regular mode prior to declaring a state of emergency in the country due to Covid 19. After lifting the second stage of restrictions (from 11.05.2020) S.A. received no calls from Techno House LLC.
On September 23, HRC approached Tbilisi City Court. The HRC lawyer requested the court to restore S.A. to his job, to annul the formal order dismissing S.A. from the work and to order the repayment of lost earnings to S.A. On June 17, the court granted in part the claim of HRC. The court rejected the claim in the part of restoring S.A. to the job as the staff list submitted by the company did not provide for a position of a technician.  

M.B. was granted a refugee status

On June 17, 2021, with an assistance of HRC, Tbilisi City Court granted in part a claim of M.B. a citizen of Turkey.  The court revoked a legal act of the Migration Department of MIA denying a refugee status to M.B. and ordered MIA to issue a new legal act implying a positive response to M.B. in terms of granting the person a refugee status. 
The citizen of the Republic of Turkey, M.B. initially requested a refugee status in 2015, but received a refusal from the Ministry of Internally Displaced Persons, Accommodation and Refugees of Georgia.  In 2017, the issue of granting a refugee and asylum seeker status was within a competence of the Migration Department of MIA. M.B. has reapplied for the status of refugee to the Migration Department of MIA from where he again received an unsubstantiated and standard refusal.
In 2019, M.B. appealed the refusal of the Migration Department of MIA with Tbilisi City Court.  On June 17, 2021, the court revoked the refusal of the Migration Department of MIA regarding a refugee status, ordered the Migration department to reexamine the case and issue a new legal act.

City Court granted in part a claim of an ecomigrant  

On June 15, 2021, Tbilisi City Court granted in part an administrative claim of an eco-migrant M.M. against the Agency for IDP Livelihood LEPL. The decision by the Agency refusing M.M. an accommodation was declared null and void and the Agency was ordered to issue a new legal act after a thorough examination of the circumstances of the case.
M.M. residing in village Tsitelubani of Gori district approached HRC on March 9, 2020. According to her, despite the fact the Agency for IDP Livelihood LEPL was ordered to review the petition of M.M.  due to newly discovered circumstances with a view to provide the ecomigrant with an accommodation, the Agency failed to  comply with the court judgment by still not having considered the submitted extract as newly discovered circumstances and having rejected the petition of  Meri Makharadze.  
On June 15, 2021, Tbilisi City Court granted in part the claim of M.M. 

After a four-year long dispute, a resident of Gori legalized his land plot 

In accordance with the ruling from March 25, 2021, the Supreme Court of Georgia found a cassation appeal of plaintiff T.G. and third party D.T. inadmissible. Accordingly, the judgments by Gori District Court and Tbilisi Courts of Appeals remained in force granting in part the claim of plaintiff T.G. and declaring null and void the decisions of the National Agency of Public Registry in the part of registering a land plot owned by T.G. on the name of D.T. T.G. will be able to fully register the real estate owned by him, which was illegally registered by D.T.
On March 26, 2017, HRC was approached by a resident of Gori T.G. According to him, neighbor D.T. registered the real estate in which a part of the land belonging to T.G. was included. Now the neighbor is claiming the land plot and is carrying out illegal activities on the land.  On October 6, 2017, T.G. filed an administrative complaint with the Public Registry requesting the revocation of the decisions on the registration of the neighbor's real estate. The agency rejected the request.
Since March 15, 2018, there were 11 court hearings held over the case.

Mother of a minor restricted the ex-spouse in his rights to represent the child 

On March 15, 2021, Gori District Court granted in full a claim of K.S. to restrict G.R. in entirety in his rights to represent their minor child N.R.
On December 19, 2019, K.S. applied to HRC. She requested a court representation in the proceedings over the case of restriction of the parental rights against her ex-spouse. 
On March 15, 2021, the court following the pleadings by the parties granted in full the claim of HRC. The defendant was restricted in his parental right to represent the minor child.

A minor will live separately from parents 

On March 17, the court granted the request of HRC and separated the minor M.D. from parents till June 1, 2021.
M.D., 16, applied to HRC in November 2020 for an aid. She referred to the ignorance on the part of the parents and to the hard life in living with a grandmother. She wished to be placed in foster care.  On November 9, an HRC lawyer filed a claim with a court requesting to restrict G.D. and D.S. in their parental rights to represent the minor without restricting other parental rights and responsibilities. The claim was admitted by the court, however the situation of the minor in the family became unbearable so that she asked the lawyer for help to be immediately removed from her family. The HRC lawyer immediately applied the Agency for State Care and Assistance for the (Statutory) Victims of Human Trafficking submitting the relevant statement and evidence. On March 11, 2021, the minor was taken from her grandmother's house in the presence of a social worker and three police officers and was placed in emergency foster care. 
The Agency filed a petition with Gurjaani District Court requesting to separate the girl from her parents and place her in foster care. On the court hearing, held on March 17, the biological parents of M.D. never appeared. The judge granted the motion of the Agency for State Care and Assistance for the (Statutory) Victims of Human Trafficking and separated M.D. from her parents until June 1, 2021 subsequently extending the term until the girl becomes of full age.

A lawyer within HRC Kakheti Office was defending the interests of the minor before the Agency and the court.

Minor returned to the biological family 

On March 23, Gurjaani District granted a claim of HRC by ruling minor G.M. to be returned to the biological family, and restoring the parental rights to G.M. and E.S.
On January 10, 2012, Gurjaani District Court restricted E.S and G.M. in their parental rights to represent their minor children S.M. and G.M. without limiting other rights and responsibilities of the parents.  In August 2018, the family applied to the Social Service Agency and requested their rights to be restored. Their children expressed in writing their willingness to return to the family.  
A social worker studied the living conditions of the family and concluded that the economic situation was improved and the living conditions have been changed for the better. The family owns an apartment and there are no longer any grounds to restrict their rights towards G.M. As what S.G. concerns she turned 18 and voluntarily returned to her parents.
With the assistance of HRC, the family filed a claim with the court on November 9, 2020. On March 23, 2021, the court granted the claim and restored G.M. and E.S. in their parental rights. Minor G.M. has returned to the family.

Child returned to a person under legal guarantees

In June 2021, with an assistance of an HRC lawyer, E.D. could receive her 2 years old child back under legal guarantees.
In October 2020, E.D. was deprived of the right to live with her child by her own mother and by the father of the child, with whom she is divorced. According to E.D., the behavior of the mother and ex-spouse was a reaction to the fact that E.D. had a non-traditional sexual orientation and had moved to live with her partner.
Until June 2021, the infant child of E.D. was living with the grandmother against the will of E.D. and the mother was restricted in her rights to see the child.
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