Successful Cases Processed by Human Rights Center (November-December 2022 and January-February, 2023)

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A citizen fined by the police was discharged

On November 21, 2022, Gori District Court granted the administrative appeal by N.K. requesting to cancel the citation issued by the patrol police officer and reinstate his driving license. Despite the fact that he told the police he was not drunk and furnished the relevant expert opinion to the agency, they still issued a citation against him and suspended his driving license for 6 months. Gori District Court has cancelled the citation unlawfully issued by the police and reinstated his driving license.

An IDP from Tskhinvali received a dwelling place
Under the decision by the Supreme Court of Georgia, the appeal lodged by the Agency for IDPs, Ecomigrants and Livelihood was rejected. Thus, the judgment by the Administrative Chamber of Tbilisi Court of Appeals was upheld in full granting the claim of IDP T.T. to revoke the administrative legal act refusing to allocate for the IDP a permanent dwelling place and so instructing the Agency to provide the IDP with a permanent dwelling place. 

Gurjaani Municipal City Hall was instructed to restore former employee to the job and pay him lost earnings
On February 9, Gurjaani District Court rendered a judgment revoking the order issued by Gurjaani Municipality Mayor dismissing from office R.Ch. and restoring R.Ch. to her job.  The respondent was also instructed to pay lost earnings to the claimant before the judgment of the court was to enter into force.  

The court revoked the legal act issued by Sachkhere Municipality City Hall violating the right of a citizen
On November 24, 2022, Sachkhere District Court granted in part the administrative appeal lodged by G.B. a resident of village Jria adjacent to the occupation line, thus revoking the administrative legal act issued by Sachkhere Municipality Mayor’s Office and instructed the Mayor’s Office to issue a new administrative act after having studied the facts of the case in full.  

G.B., a resident of village Jria located near the occupation line registered the title of plot under her legal possession as evidenced by the certificate issued by Sachkhere Municipality Hall. Two years later, another person claimed the plot without having any document substantiating his claim.  Despite this fact, Sachkhere Municipality Hall revoked the certificate already issued by the agency on the plot.  
An ecomigrant was provided with a dwelling place

By the judgment from September 9, 2022, the Supreme Court of Georgia reversed the ruling by Tbilisi Court of Appeals, thus granting the administrative appeal lodged by ecomigrant M.M. and revoking the order by the Agency for IDPs, Ecomigrants and Livelihood LEPL refusing M.M. to be provided with a dwelling place; the Supreme Court instructed the Agency to issue an administrative legal act anew concerning the provision of a dwelling space for M.M. 

M.M. is a member of the family being an ecomigrant since 1989. Although, the State has provided his family with a dwelling place, the premises was sold to another person via means of privatization.  The Agency for IDPs still believed that M.M. was an ecomigrant whose needs had already been satisfied, so was rejecting his application.  

Two civil servants were restored to jobs and one of them was paid lost earnings
By a default judgment, the civil claim of G.T. was granted in full.  The orders of the Agency for Culture and Tourism Development within Gori Municipality imposing disciplinary actions against G.T. were revoked.  Further, the Order of the same Agency terminating the labor contract with G.T. was revoked and the Agency was instructed to restore the illegally dismissed employee to the previous position and pay him lost earnings.
In June 2022, G.T. was unexpectedly dismissed from the Agency for Culture and Tourism Development within Gori Municipality.  A few days after his dismissal, he was furnished with the order of dismissal and with some other orders of disciplinary actions issued against him of which he was unaware.
On February 15, 2023, Gori District Court approved the terms of settlement concluded between Gori Municipality Agency for Culture and Tourism Development and N.G. whose rights were also violated. In accordance with the act of settlement, the employee was restored to the position she was holding before the dismissal and in turn N.G. waived the lost earnings.  

The Supreme Court revoked orders dismissing employees from the Ministry of Economy
Under a ruling by the Supreme Court of Georgia, the cassation appeal by the Ministry of Economy and Sustainable Development of Georgia was found inadmissible. The ruling by Tbilisi Court of Appeals was upheld revoking the orders dismissing from office D.C. and D.G. and the ministry was instructed to issue an administrative act anew after having studied all the relevant facts of the case.  HRC pleaded the cause of the civil servants in the court.

The six-year dispute between the parties ended in a settlement 
On January 31, 2023, a settlement was reached between plaintiff O.G. and respondents O.B. and T.V. finalizing the dispute from 2017. The plaintiff consented to obtain GEL 1833 from respondents instead of GEL 2600. Under the act of settlement, the plaintiff reduced his claim, while the respondents admitted the claim.  HRC pleaded the cause of the respondents in the court.

Parties agreed about compensations for the damage caused by a car accident 
The National Agency of Public Registry and T.K. reached an agreement on compensation for damages caused by a traffic accident. 
On December 24, 2022, a car owned by the Agency crashed into the T.K.'s car. The police arriving on the spot found the driver of the Agency's car responsible of the accident.  In spite of many appeals, the Agency refused to pay damages referring the victim to the insurance company dealing with the cars of the Agency.  On the other hand, the insurance company refused to pay damages because the accident was due to a gross negligence on the part of the driver of the Agency.  

With a help of the HRC lawyer, a statement of claim was prepared requesting the Agency to pay the damages in full.  Shortly after lodging the statement of claim with the Agency, the officers of the Agency contacted T.K. and the settlement was reached about the payment of damages. 

The Public Registry was ordered to register land title to a citizen
Gurjaani District Court granted the claim by I.Z. against the National Agency for Public Registry to revoke the decisions adopted by the Agency.  The Agency had registered third person’s title to the land belonging to I.Z. and his ancestors.  The court ordered the Agency to study the issue and adopt a just decision.
Successful cases of labor disputes against Gori Hospital 
HRC Shida Kartli Office maintains 4 disputes against Gori Military Hospital. Of these, 3 disputes concern unlawful dismissals, while another dispute involves annulment of the results of the job competition.  During the reporting period, 3 cases were successfully completed, and one case remains under a review by Tbilisi Court of Appeal.

1.    On February 1, 2023, Gori District Court granted in part the administrative appeal by Z.M. By the above decision, the reports of the Competition and Complaints Commission of Gori Military Hospital were annulled denying Z.M. to be recognized as a winner in the job competition announced in the hospital.  The employer was ordered to re-issue a new decision after studying in full the facts of the case. Z.M. has been working for many years in Gori Military Hospital.  She was participating in the job competition announced in 2021, however, due to the bias on the part of some persons another person was declared a winner.  Z.M. lodged an administrative appeal with Gori District Court requesting to invalidate the reports of the Commission for Competition and Complaints.
2.    On January 27, 2023, Tbilisi Court of Appeals rejected the appellate appeal by Giorgi Abramishvili Military Hospital under the Ministry of Defense.  The judgment by Gori District Court was upheld revoking the order of the director of the hospital to dismiss N.I. from office.  Because of impossibility to pay lost earnings and to restore the person to the position, the hospital was ordered to pay compensations in favour of the illegally dismissed employee.  
3.    On February 7, 2023, Gori District Court granted in part the claim by K.M. The order by the Director of Giorgi Abramishvili Military Hospital under the Ministry of Defense of Georgia was annulled. Due to the impossibility to restore K.M. to office, the employer was ordered to pay compensations and lost earnings to her before the judgment was to enter into force.  
•    From January 2022 to February 2023, HRC Kakheti Office lawyer successfully completed two cases related to aliments at Gurjaani District Court. These were the claims by M.J. against her former husband N.G. to make him pay maintenance for two children and another was a dispute between N.R. and respondent M.O. to pay maintenance for a child.  
•    On November 29, 2022, Tbilisi City Court revoked the administrative legal act by State Services Development Agency from May 26, 2022, refusing residence permit to Turkish citizen E.A.K.  The court ordered the Agency to re-examine the case and issue a new act. 
•    On December 9, 2022, a settlement was concluded between Kh.G. and A.S. envisaging that the family of A.S. was to pay damages to Kh.G. in the amount of USD 10,000. Kh.G. became a victim of fraud on the part of the manager of a company who has misappropriated the money of Kh.G.  
•    A civil dispute in Gurjaani District Court was ended with a favorable conditions to respondent G.CH. against the microfinance organization Cross Credit. G.Ch failed to repay the debt under a vehicle pawn loan due to the family situation.  Because of this, the sum of the loan percentage and penalties has significantly increased. Following the communication with the plaintiff, an agreement on the reduced sum was achieved and the case was ended at the advance first hearing. 
•    Another case was finalized in Tbilisi City Court where plaintiff L.G. and L.N. were seeking from respondent N.S. to ascertain the day when they could see the grandchild.  The dispute concerned the rights of grandparents to see the grandchild. The court defined the procedure of the child’s interaction with the grandmother and grandfather.