Medical clinic and its former director will pay 150 000 GEL to the families of the deceased patients to compensate the moral damage
On February 28, the court dispute between the parties in the Civil Cases Panel of the Tbilisi City Court finished with the agreement. The defendants – Farman Jeyranli and medical clinic Vivamed will pay 150 000 GEL to the applicants to compensate their material and moral damage.
Human Rights Center defended legal rights of the families of deceased patients Giorgi Chubinidze and Karlo Kekelidze, who passed away after the liver transplantation procedures in the medical clinic Lancet (currently Vivamed).
In 2021, the HRC appealed the Tbilisi City Court to request compensation of material and moral damage of the patients’ families incurred as a result of the committed crime.
Earlier, the investigation of the alleged crime committed in the medical clinic Lancet started on November 22, 2016 based on the HRC’s appeal.
The Supreme Court of Georgia found the director of the medical clinic Ltd Lancet Farman Jeyranli guilty for the violation of the Article 180 Part 2 – “a” (committed by a group of people based on preliminary agreement) and Part 3 – “a” and “b” of the Criminal Code of Georgia and sentenced him to prison for 6 years.
Before the court judgment, based on the petition of Human Rights Center, the State Regulation Agency for Medical and Pharmaceutical Activities prohibited the clinic Lancet to conduct organ transplantation operations.
Accused of sexual harassment of underage girl was convicted to 16-years imprisonment
Gurjaani district court found G.I. guilty of sexual harassment of an underage girl on November 11, 2021 and sent him to prison for 16 years.
In Kakheti region, the underage girl was victim of sexual harassment during two years. Investigation started in January 2021 under the Articles 137, 138, 141 and 126 of the Criminal Code of Georgia.
HRC lawyer in Kakheti region represented the legal interests of the victim since February, 2021. The HRC demanded punishment of the harasser that became basis of fair judgment of the district court.
UNM member will no longer pay 2 000 GEL fine
On December 23, 2021, the Vani district court satisfied the claim of the HRC and annulled the administrative protocol against Tornike Eristavi.
On October 23, 2021 HRC appealed the General Inspection of the MIA and requested to start examination of alleged unlawful action of deputy chief police officer of Vani district Otar Beltadze.
Person harassing the neighbor with disabilities was sent to prison for 10 years
On November 26, 2021, Gurjaani district court found I.K. guilty under the Article 19-137 of the Criminal Code of Georgia that refers to an attempted rape of a person and sent him to prison for 10 years.
Socially indigent resident of a village in Kakheti region, M.B. with disabilities, lives together with her mother. In April 2021 drunken neighbor I.K entered their house and took the young woman with disabilities to his house by force. M.B’s mother also resisted him but could not help the daughter. According to the expertise conclusion, M.B had bites on the chick and lips; she also had some minor injuries on the body. At the trial, M.B. said that it was not first time when I.K abused her.
Court discharged a citizen of 500 GEL fine
On December 23, 2021, the Vani district court satisfied the HRC claim and annulled the administrative violation protocol against T.E, who was fined with 500 GEL.
On October 21, 2021 T.E. was driving his car when a district inspector of the Vani police department stopped him and issued administrative protocol for driving the car, as his driving license was suspended for another violation. On March 30, 2021, driving license was suspended for T.E. but on October 21 the penalty period had already expired.
HRC had appealed the October 21, 2021 administrative protocol against T.E. in accordance with the Article 121 Part 1 of the Code of Administrative Offences of Georgia. The Imereti, Racha-Lechkhumi and Kvemo Kartli regional department of the MIA did not satisfy the claim and the HRC appealed the decision in the Vani municipality magistrate court on November 30, 2021.
One more person was convicted for the teenage murder case in Khorava street
On January 11, 2022 the court found Giorgi Menabde guilty for the group murder of Davit Saralidze. Judge Valerian Bugianishvili sentenced Menabde to prison for 10 years and 6 months. Menabde was arrested on April 15, 2021.
Human Rights Center represents Davit Saralidze’s family in the court. In December of 2017, the MIA arrested G.J. and in June of 2019 – M.K for Saralidze’s murder in Khorava street in Tbilisi in 2017.
Court passed verdict against the defendants of Shatili car accident case
On November 15, 2021, the Mtskheta district court passed verdict on the car-accident of August 23, 2020 on Shatili road. G.G. was found guilty for the imposed charge under the Article 276 of the Criminal Code of Georgia (violation of transport movement safety or exploitation) and sent him to prison for 7 years. The qualification of charge against Sh.B was changed into Article 220-1 of the Criminal Code of Georgia (negligence) and was sent to prison for 3 years.
On November 17, HRC petitioned the Mtskheta district prosecutor’s office on behalf of the victims and requested to appeal the November 15 judgment of the Mtskheta district court against the head of the tourist company Traveler.ge – Sh.B. HRC believes that the Appeal Court shall find the director of the tourist company guilty under the Article 276 of the Criminal Code of Georgia, as it was the initial charge imposed on him and refers to the violation of transport movement safety or exploitation.
Border police officer restored to working place
HRC advocated the unlawful dismissal of G.B., who was fired from the border police based on the order N3440858 of December 30, 2021. The order was handed to him on January 27, 2022.
On February 1, 2022 the order of the chief officer of the state border of the MIA was appealed in the Ministry of Internal Affairs. On February 28, G.B was contacted and notified that he was restored to the working place.
Former member of the political party Girchi-More Movement and his wife will no longer pay fine
Director of the Patrol Police Department of the MIA satisfied the claim of HRC and abolished the administrative violation protocols issued against Imeda Kldiashvili, former member of the Girchi – More Freedom and former candidate on the position of the Kutaisi vice-mayor, and against his wife; consequently the imposed fines in the amount of 1500 GEL and 500 GEL were also lifted.
On November 25, 2021, Imeda Kldiashvili was driving the car registered on Natia Kikadze, his wife, when patrol police stopped him and fined with 1 500 GEL for the violation of the Article 121 Part 4 of the Code of Georgia on Administrative Offences. Besides him, his wife Natia Kikadze was also fined pursuant with the Article 211 Part 2 of the Code on Administrative Offences that punishes assigning a car to a person, who does not hold driving license.
The patrol police officers did not take significant circumstance into account – Imeda Kldiashvili had appealed the administrative penalty based on which his driving license was suspended for 6 months. In accordance with the Article 275 Part 1 of the Code on Administrative Offences the enforcement of administrative penalty is suspended if it is appealed within the legal timeframe and the court has not passed decision yet. The HRC’s lawyer based her claim on this allegation and the director of the Patrol Police Department satisfied the claim.
Tbilisi City Court Ordered the Administration of South Ossetia to restore unlawfully dismissed employee to the working place and reimburse missed salary
In January 2022, the Tbilisi City Court fully satisfied the appeal of Human Rights Center and annulled the conclusion of the monitoring service of the South Ossetia’s administration based on which the head of the administration had issued the order to fire I.T. from working place.
I.T. was a chief specialist of the pupils and students training group within the education service of the administration. In November 2016, she was groundlessly fired from the working place.
The Tbilisi City Court ordered the South Ossetia’s administration to restore I.T. to the working place and to reimburse the missed salary until the date she resumes working in the administration.
Gori municipality city hall restored the dismissed employee to the working place
On November 24, 2021 the Gori district court partly satisfied the appeal of O.Kh, annulled the order of the Gori municipality mayor on the dismissal of O.Kh and ordered the Mayor to restore him to the same or adequate position. Also, the court ordered the Mayor to reimburse the missed salary until the date he will be restored to the working place. The Court did not satisfy the claim to determine politically motivated discrimination of the applicant and to compensate his moral damage.
O.Kh. was fired from the Gori municipality city hall on June 15, 2021 after he gave a critical comment to the TV Company Pirveli. He believes he was dismissed because he supports the political party of Giorgi Gakharia and evaluates the recent facts as politically motivated discrimination. O.Kh, appealed the Gori District Court with administrative lawsuit and requested to annul the order of the municipality mayor, to restore him to the working place, to reimburse the missed salary, to determine politically motivated discrimination against him and to pay compensation for moral damage. HRC lawyer in Shida Kartli defended his legal interests in the court.
Members of the Girchi-More Freedom will no longer pay fines
On December 6, 2021, the Gori district court passed verdict on the case of the detained members of the political party Girchi-More Freedom. The court terminated administrative proceedings against Zurab Khomeriki and declared his 48-hour detention as unlawful. As for Badri Grigalashvili, the court found him guilty for the violation of the Article 173 Part 1 of the Code of Georgia on Administrative Offences (disobedience to the lawful request of the police officer) and gave a verbal warning to him. Judge said that extension of Badri Grigalashvili’s detention with 24 hours was unlawful.
The members of the political party Girchi – More Freedom Badri Grigalashvili and Zurab Khomeriki were arrested on November 12, 2021 when holding the protest in front of the office of the Gori district court. The police officers blamed him in disobedience to their lawful request that is punished by fine from 2 000 GEL up to 3 000 GEL, or by 15-day administrative imprisonment. HRC defended the legal interests of the defendants in the court.
Court declared the 5-day detention of a citizen as unlawful
On November 8, 2021 the Kutaisi Appellate Court examined and satisfied the claim, in which the applicant requested to declare the arbitrary administrative imprisonment imposed on K.K on November 1, 2021 as unlawful.
On October 30, 2021, on the day of municipal elections, K.K. was in Zugdidi to observe the polls in the polling station N 67.20. Together with other monitors he detected strangers sitting in the cars within 100 meters distance from the polling station. The monitors tried to report the police about the violation. The police did not react to the fact. Short time later, members of the Georgian Dream M.Ts. and I.Ch arrived at the polling station. One of them hit B.P who was at the polling station together with K.K. After the incident, police invited K.K to the police unit for interrogation as a witness. He said he was monitoring the elections and could come to the police office later. The police did not take this request into account and forcibly took him to the police office. The police officer explained to K.K that he was arrested based on the Article 166 Part 2 of the Code of Georgia on Administrative Offences.
On November 1, 2021, the Zugdidi district court found him guilty for the violation of the Article 166 Part 2 and sentenced to 5-day administrative imprisonment.
Neighbor will pay 1560 GEL to a citizen for damaging his car
On February 7, 2022 the Tbilisi Appellate Court upheld the judgment of the Signagi district court and ordered M.Kh, to pay 1560 GEL to N.Kh and her husband for damaging their car.
N.Kh and her husband A.E.A. run a small family business in a village in Kakheti region. N.Kh reported that their neighbor M.Kh entered their shop, took some products and intended to leave shop without paying money that ended up with controversy. M.Kh left shop, returned back with an axe in his hands and damaged the car of the shop-owners.
A.E.A applied to HRC for help in August 2019. In his appeal to the Signagi district court, A.E.A requested M.Kh to reimburse the damage he made to him and his wife in the amount of 5 226 GEL; the court partly satisfied the claim and ordered M.Kh to pay 1560 GEL as a compensation. The appellate lawsuit was submitted to the court in February 2021.
The Court annulled the orders on dismissal of employees
On February 17, 2022 the Tbilisi City Court annulled the orders of the Ministry of Economics and Sustainable Development of Georgia to dismiss D.G and D.Ch from work. The Ministry was ordered to issue new orders after having examined the significant circumstances of the case. The Court did not satisfy the claim of the applicants to restore them to the working place and reimburse the missed salaries. The decision was appealed in the Tbilisi Appellate Court.
Citizen was granted the status of IDP
On February 15, 2022, the administrative dispute in the Tbilisi City Court ended up with the annulment of the administrative acts of the Internally Displaced Persons, Ecomigrants and Livelihood Agency, which had denied Z.Kh to grant the status of IDP. The Agency was ordered to issue the new administrative acts to grant the IDP status to the applicant.
On November 30, 2022 the Tbilisi Appellate Court partly satisfied the appellate lawsuit of Human Rights Center and annulled the decision of the Gurjaani district court; consequently, all decisions of the National Agency of Public Registration on the registration of the disputed property was annulled and the NAPR was ordered to pass a new decision on G.B’s case.
On February 17, 2022 the Tbilisi City Court partly satisfied the claim of the IDP G.P – annulled the order of the Minister of Internally Displaced Persons to deny the internally displaced person to give accommodation. The Internally Displaced Persons, Ecomigrants and Livelihood Agency was ordered to comprehensively examine the case and issue a new administrative act.
The Tbilisi City Court gave only verbal warning to the civil activist Levan Kharauli. HRC defended legal interests of Levan Kharauli in the court. The administrative body accused the activist of disobedience to the lawful request of the police officer and requested to fine him with 3 000 GEL.
The Tbilisi City Court only verbally warned the member of the political party Girchi-More Freedom Ts. L. HRC defended his legal interests in the court. The administrative body accused him of minor hooliganism and disobedience to the lawful request of the officer. They requested to impose a fine on him from 2 000 GEL up to 3 000 GEL.
On December 21, 2021, the Tbilisi City Court fully granted the claim of the IDP E.Z. – annulled the decision of the Internally Displaced Persons, Ecomigrants and Livelihood Agency, based on which E.Z was refused to assign the accommodation; the Agency was ordered to give accommodation to the IDP. HRC lawyer defended E.Z’s legal interests in the court.
On December 7, 2021 the prosecutor’s office granted the victim status to Vakhtang Berikashvili, victim of dispersal of June 20-21, 2019 peaceful demonstration. HRC defends his legal interests. Vakhtang Berikashvili was participating in the protest demonstration in front of the Parliament on June 20, 2021.