Successful Cases of HRC (July-October 2021)

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The lawsuit against a woman pilot was withdrawn by the Ministry of Defense for the second time
On August 23, 2021, the Ministry of Defense of Georgia informed HRC with a formal letter that the lawsuit against Ekaterine Kvlividze had been withdrawn from  Tbilisi City Court based on a submission dated  August 10.
A former officer of the Ministry of Defense, Ekaterine Kvlividze applied to HRC for legal aid already in 2019. At that time, the case was being heard in Tbilisi City Court where HRC was defending the legal interests of Kvlividze. The military pilot was forced to terminate her contract and leave the Ministry of Defense. Due to the termination of the contract, the Ministry filed a lawsuit in the city court claiming a fine of GEL 28,000 to be paid by the former officer in damages. At the request of HRC, the Ministry of Defense withdrew the lawsuit and the dispute was settled in such a manner.
On July 2, 2021, the Ministry of Defense filed again a lawsuit with Tbilisi City Court claiming  GEL 28 000 to be paid by Ekaterine Kvlividze in breach of the terms of the contract as well as the imposition of a penalty in the amount of GEL 28 000 + 0.2%  for each overdue day until the amount would be paid in full.  After Kvlividze left the Armed Forces and the legal dispute with the Ministry of Defense has been suspended, she became a member of the political party Lelo. Therefore, doubts have emerged that bringing forth the old case into the proceedings during the 2021 local self-government elections was linked to her political activities.
On July 19, 2021, a lawyer from HRC applied to the Minister of Defense to inquire into the case of Ekaterine Kvlividze and to assess the legality and merits of the repeated administrative lawsuit filed against her with Tbilisi City Court. In a reply letter, the Ministry of Defense informed HRC that it had withdrawn the lawsuit from the court again. 
Criminals sentenced to 7 years and 6 months in prison for kidnapping a minor
On September 23, 2021, one of the district courts of Kakheti region found three defendants guilty of the crime under Article 143 (3) (a) (d) of the Criminal Code of Georgia. The convicts were sentenced by the court to 7 years and 6 months in prison.
On December 21, 2020, a minor from a village in Kakheti region was abducted on her way home returning from relatives by three men with prior consent to marry her.  The police searched for the juvenile for 3 days. During these 3 days, the girl was taken by kidnappers to different places to hide their tracks telling everyone that they were acting against the will of the girl, however,  none of the host families called the police or the family of the minor. The girl claims that the perpetrator sexually abused her so the community would force her to marry him. A resource officer of the village school was also aware of her abduction as the girl had informed him via phone, however, the resource officer did not call the police to inform them about the girl's whereabouts and instead advised her to resign herself to the inevitable. 
HRC defended the interests of the victim during the investigation and court proceedings. The hearing of the case on the merits began in the district court shortly after the incident. The girl was first examined on June 11, 2021 as a victim. Her interrogation was attended by a psychologist and a social worker. The juvenile gave detailed testimony in the Georgian language and demanded that the perpetrators be punished. 
Defendant A.A. who kidnapped the girl to marry her was charged with episodes of sexual violence and unlawful deprivation of liberty, while the other two accomplices were charged with unlawful deprivation of liberty. The court found all three defendants guilty of committing the crime under Article 143 (a) and (d) (Unlawful deprivation of liberty with a preliminary agreement by a group of persons knowingly against a minor).
HRC continues to protect the interests of the victim in a higher court and demands that the convict A.A. should be punished for sexual assault as well. At the same time, HRC the organization demands that the investigating authorities investigate and bring to justice the representatives of those families who conceal the crime and did not inform the police and the victim's family about the whereabouts of the abducted girl. For the same crime, the school resource officer should also be held liable.
The citizen legalized the land plots near the occupation line
 On September 17, 2020, by the decision of the National Agency of Public Registry, the administrative acts of the Shida Kartli office of the Agency were declared null and void and the same office was instructed to register the title of G.T. to the land plots. The issue concerned the land plots located in the village of Disevi, Eredvi Municipality. 
On February 6, a resident of Gori, G.T., approached HRC. According to him, he could not use the land plots in the village of Disevi, the plots were occupied, even though they were not located within the occupied territory. He repeatedly applied to the public registry but was refused the registration of the property. 
After February 10, 2020, at various times, with the assistance of a lawyer from HRC, G.T. applied to Gori City Hall, the National Agency of Public Registry, the Executive Body (Gamgeoba) of Eredvi Municipality, and Gori District Court. It was only on April 28, 2021, when the municipality of Eredvi informed G.T. that the verification process of the land he owned had been finalized.  
A company reimbursed an affected citizen USD 4,000
On August 5, 2021, Spero Development fully reimbursed M.M. USD 4,000 in damages.
M.M. claimed that he had pledged his vehicle to Spero Development, however, the latter had failed to pay him the amount agreed upon. M.M. repeatedly appealed to the prosecutor's office and the investigation against the director of Spero Development was initiated, however, with no result. As a result of the legal aid of HRC, the company fully reimbursed the citizen his owned amount.
An employer was ordered to pay lost earnings to a former employee  
By the judgment of September 30, Tbilisi Court of Appeals upheld the judgment of Tbilisi City Court of March 10, 2021 declaring null and void the order issued by Agava Ltd. on June 1, 2020 according to which M.G. was fired. Agava Ltd. had to pay M.G. the lost earnings in the amount of GEL 8750. 
The court hearings were held at Tbilisi Court of Appeals on September 9, 2021. The appellant - Agava Ltd. requested the court to annul the decision of Tbilisi City Court of March 2021 ordering the company to pay M.G. the lost earnings of GEL 8750. The court rejected the appellant's claim upholding the judgment of the court of first instance.
A doctor of a penitentiary facility was unfairly fired
On October 12, 2021, Tbilisi Court of Appeals upheld the judgment of Tbilisi City Court from December 15, 2020 annulling order N6464 issued by the Special Penitentiary Service in 2020 according to which  D.J. was fired.
D.J. worked as a doctor at penitentiary facility N 8 of Tbilisi. She was fired without any explanations. She requested HRC to protect her interests in the administrative dispute going on at Tbilisi Court of Appeals. The Court of Appeals in its judgment held that D.J. had been dismissed in violation of the law. 
An IDP will be given a dwelling
On September 30, 2021, Tbilisi City Court granted the claim of IDP Ts.T. in full and declared null and void the administrative acts which had refused Ts.T. to be provided with a long-term dwelling. The Agency for Refugees, Eco-Migrants, and Livelihoods LEPL was instructed to provide Ts.T. with a dwelling. HRC protected the interests of the Ts.T. 
The Agency was instructed to consider the issue of providing a dwelling to an IDP
On July 15, 2021, Tbilisi City Court granted in part the administrative claim of E.B. who is an IDP from the August 2008 War, and declared null and void the administrative acts by which the household of E.B. was registered with the household of B.B. and thus it was considered that the former family was satisfied with housing and because of this they were refused to be provided with a long-term dwelling. 
The court ordered the Agency for Refugees, Eco-Migrants, and Livelihoods to register E.B. as a separate household and remove them from the database of  IDP families satisfied with housing. Regarding the part of the claim to provide a dwelling, the court at this stage rejected the claim in part however ordered the Agency for Refugees, Eco-Migrants, and Livelihoods to consider the issue of providing E.B. with long-term housing in accordance with the requirements of the law. 
Since 2009, E.B. has been trying to protect his rights and receive a dwelling from the State he was entitled to.  HRC has been protecting his interests since 2018.

A citizen proved that the answer to the breathalyzer test conducted by the police officer was incorrect
On August 3, 2021, Gori District Court granted the administrative complaint of D.D. The electronic citation issued by the patrol police suspending D.D.'s driving license for 6 months was revoked as well as the decision rejecting the D.D.'s complaint and D.D. was released from the imposed administrative penalty. Further, the court ordered the Ministry of Interior to reimburse D.D. the costs of the expert examination. 
On July 15, 2021, D.D. approached HRC. On June 4, a patrol police crew suspended his driving license for 6 months on charges of driving while being intoxicated. D.D. disagreed with the breathalyzer test result and appealed to O. Ghudushauri National Medical Center for an alternative opinion.  Despite the negative results from Ghudushauri Center, D.D.'s appeal was rejected.   
The lawyer of HRC filed an administrative complaint with the court requesting to declare null and void the illegal decision and to release D.D. from the imposed administrative penalty. Further, the reimbursement of the expenses paid to the expert examination facility has been claimed.  
A fine imposed on a citizen was canceled
On August 31, Khashuri District Court limited itself to a verbal reprimand towards M.M., thus granting in part the complaint of HRC and declaring null and void the acts issued by the Ministry of Interior. 
On April 19,  M.M. was moving with a mask in an open space in Khashuri. To drink some water, she partially removed the mask and the mask fell on the ground. The police officer of the district division of the Ministry of Interior demanded that she would put on the dropped mask again and advised her that in order to prevent such incidents she should keep at hand a second mask; further, the police officer drew up a report on an administrative offense imposing a fine of GEL 20. 
Kartli Police Department rejected the administrative complaint filed by the lawyer of HRC, after which the lawyer applied to Gori District Court. No police officers including the one who drew up the report or any other representative of the Ministry of Interior appeared at the hearing on August 31. The court canceled the fine of GEL 20.
Iavnana had to repay the employee an underpaid salary 

On September 21, 2021, the proceedings of the case were ceased following a settlement between the two parties, as a result of which Iavnana JSC took an obligation to repay the employee the underpaid salary (GEL 1200) for three months. In return, T.B. refused to carry on the proceedings with the court. 
On June 1, T.B. told the HRC lawyer that only half of his salary was credited to her bank account on April 1 and May 4, even though her working hours had not been reduced and nobody had warned her about a pay cut. T.B. considered that there had been a unilateral change in the terms of the contract on the part of the employer and requested a written explanation about the pay cut.  The response was that the hospital received fewer revenues and T.B. was offered to settle the dispute amicably.  However, on May 31, the same thing happened again and only half of the salary was credited to her account. 
On June 11, HRC applied to the Labor Inspection Service within the Ministry of Health requesting to inspect Iavnana JSC within the scope of the competence of the Labor Inspection in order to identify the issues regarding labor safety, violations of requirements of the labor legislation, and medical activities. Iavnana JSC did not acknowledge the claim and justified the decision to cut salaries with a reorganization.
A victim of disaster received a compensation
On October 22, 2021, Tbilisi Court of Appeals rendered a judgment rejecting the appeal of the Agricultural Development Agency and upholding the judgment of Gori District Court granting in full the claim of Kh.I.
According to the decree of the Government of Georgia, as a result of the natural disasters of  May 25 and June 8, 2019, allowances in the amount of GEL 200 per 1 hectare of land was allocated to the affected population living in the villages adjacent to the dividing line between Gori and Kareli municipalities. According to Kh.I., his name and surname were mentioned as one of the victims during the meeting at the office of the representative of the Mayor of Gori Municipality held in May. Kh.I. found that his data had not been forwarded by Gori Municipality to the Rural and Agricultural Development Agency NNLE. He applied to the Agency but was refused compensation. 
An abusive husband was given by the court a one-year suspended sentence
Gurjaani District Court found guilty K.G. under Article 126 (2) (b) of the Criminal Code of Georgia envisaging domestic violence. Despite reconciling with the victim, the court still sentenced him to one year in prison, which was later commuted to one year suspended sentence. The lawyer of HRC defended the interests of the victim.
N.G. and K.G. are spouses. They have children of 5 and 6. K.G.'s mother and sister also live in their household in Kakheti. On March 6, K.G. returned home being drunk which led to a conflict with his mother and wife. The minors also witnessed the fact of violence. The family called in a patrol police crew. Later on, the victims requested the court not to detain the abuser and to remand him on bail. 
An abusive husband accused his wife of violence
D.K. filed a lawsuit with Gurjaani District Court, requesting the revocation of the restraining order issued against her abusive husband, F.B. On July 14, the court granted D.K.'s request.
D.K. works in a law enforcement agency and according to her, in the past she several times became a victim of violence on the part of her husband which she has forgiven him. In the summer of 2021, a husband under the influence of alcohol again exerted violence over his wife in the presence of a child, which is why D.K. threatened him to file a complaint with the police, however she did not carry out the threat. Frightened by this threat, the husband took D.K.'s personal mobile phone, called the police himself, and accused his wife of violence instead. F.B., who was drunk, due to a power outage rolled downstairs in the entrance of the house and broke his head. A police crew arrived at the scene and issued a restraining order against D.K. actually against their co-officer. 
On July 9, with the help of HRC, D.K. filed a lawsuit requesting the revocation of the restraining order.