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NGO campaign claiming effective investigation of offences committed by the law enforcement representatives on 26 May

To this end, part of Georgian NGOs  initiates joint campaign and citizens will file tens of identical applications daily to the General Prosecutor’s Office of Georgia claiming effective, impartial and comprehensive investigation as well as submission of the information on the investigation process.   On 26 May 2011, while dispersing opposition rally at the Rustaveli Avenue instances of abusing power from the Police as well as other signs of committing offence were detected. On 20 June the General Prosecutor’s Office of Georgia published information on initiation of investigation on the facts of potential abuse of power by certain representatives of law enforcement agencies.   On June 26 the International Day in Support of Victims of Torture a month has past since dispersal of opposition rally, nevertheless the public does not possess specific information about liability of offender law enforcement representatives.

2011-06-27 14:08 See more

Event of GYLA “Stop Torture!”

On 26 June, the Georgian Young Lawyers’ Association traditionally observed International Anti Torture day. GYLA arranged various events near the temporary detention facilities in Tbilisi and in regions. On 26 June, at 14:00 GYLA started simultaneous events in all cities where GYLA has its branch and regional offices, specifically in Tbilisi, Rustavi, Gori, Adjara, Kutaisi and Ozurgeti.In Tbilisi, the action was organized in Digomi, nearby the temporary detention facility No. 2. GYLA staff, volunteers, students and other interested individuals took part in the event.

2011-06-27 10:19 See more

The draft of the decision initiated by the Mayor of Tbilisi comes into conflict with the legislation and Constitution of Georgia

Today Tbilisi City Council will consider the draft decision initiated by the Mayor of Tbilisi. According to paragraph 2 of the draft monthly fee for waste collection services will be tied to electricity bills and each household will have to pay 0.05 GEL for each kilowatt of electricity consumed. The provision contradicts with the “the Law on Local Fees”. Article 12 Paragraph 4 of the Law states that “fee for waste management service per family member should not exceed GEL 3 per month”. The new proposed method of calculating fee will, however, lead to a situation wherein some households will have to pay more than GEL 3 per family member and therefore requirements of the “Law on Local Fees” will be violated. Furthermore, the submitted method of identifying the fee contains no information on the waste and is linked to the amount of consumed electricity by each household monthly, which has no causative link to waste collection.   

2011-06-24 13:16 See more

GYLA will submit opinion to the Parliament on the pending amendments to the Criminal Code of Georgia

Pending amendments to the Criminal Code were submitted to the Georgian Parliament for consideration. It implies introducing of some new articles to the Criminal Code, as well as alteration of the already applied ones.  The newly submitted paragraph 2, of Article 3531   provides that attack on police officer, government official or representative of public institution, as well as on their family members; infringement upon the life, health or property in connection with the professional activity of the police officer or government official will envisage punishment from 7 up to 20 years in prison or life imprisonment. Composition of the aforementioned norm covers other already applied articles of the Criminal Code that is inadmissible in view of codification of the norms as well as common practice.  Furthermore, the maximal sentence –life imprisonment is disproportionate. Criminal Code of Georgia entails articles 117 and 118 that concern deliberate grave and less grave damage to health as well as Article 109 - interntional murder. Each mentioned norm considers “committing of such offence, in connection with the professional activity of a victim or his close relative” as separate aggravating circumstance. It means that attack on or infringement upon the life  and health of police officer or government officials shall envisage punishment pursuant to the applicable articles which contain reasonable penalties.

2011-06-23 13:23 See more

Part of pending amendments to the Law on “Assembly and Manifestation” contradict with the Constitutional Court decision

On June 13, Members of the Parliament of Georgia initiated a draft envisaging significant revision of the Law of Georgia on Assembly and Manifestation. It should be noted that the submitted draft contains unclear provisions as well as contains potential risks of human rights’ violation.   Firstly, we should emphasize the conflict between the draft and the Constitutional Court decision of April 18, 2011 that invalidated certain provisions of the Law of Georgia on “Assembly and Manifestation” including the provision with blanket rule imposing limitation on organization of assemblies to the individuals who have no Georgian citizenship and the statement which deprived one person of the right to be the initiator of the Assembly and Manifestation.  The Article of the draft imposing 20 meters radius principle with regard to certain buildings partially contradicts with the Constitutional Court decision. We consider that the suggested formulation in a blanket restriction and in the process of regulating assemblies and manifestations the attention should be paid on restrictions to block the entrances rather than on formal radius. Introducing back partially or completely the norms that were considered by the Constitutional  Court unconstitutional shall be considered as absolute ignorance of the significance of Constitutional justice, that is unforgivable. 

2011-06-17 13:40 See more

GYLA will challenge constitutionality of the applicable legal incapacity model before the Constitutional Court

June 14Th is the day for protecting disabled persons. This group also includes mentally disabled persons, who jointly with individuals who have mental disorder are considered to be the most vulnerable among the disabled persons, since legislation deprives them of legal capacity completely. Full legal incapacity entails prohibition to make decision of legal importance (simple sale and so on). According to the Georgian model of legal incapacity, from the moment of its establishment mentally disabled person is deprived of opportunity to make any decision regarding him/herself independently. Persons without legal capacity have guardians appointed, who make all decisions alone, independently from legally incapable person.      Certainly, mentally disabled persons cannot make adequate decisions in all cases regarding their private life. Moreover, they are vulnerable and may become subject of manipulation if they act independently. Obviously they are in need of persons to assist them, they require some other individuals who will help them realize the situation adequately and express their will. This approach is something different from the applicable model of guardianship. It envisages substitution of the will of legally incapable person, rather than their assistance in revealing  determination.

2011-06-17 13:38 See more

Part of pending amendments to the Law on “Assembly and Manifestation” contradict with the Constitutional Court decision

On June 13, Members of the Parliament of Georgia initiated a draft envisaging significant revision of the Law of Georgia on Assembly and Manifestation. It should be noted that the submitted draft contains unclear provisions as well as contains potential risks of human rights’ violation.   Firstly, we should emphasize the conflict between the draft and the Constitutional Court decision of April 18, 2011 that invalidated certain provisions of the Law of Georgia on “Assembly and Manifestation” including the provision with blanket rule imposing limitation on organization of assemblies to the individuals who have no Georgian citizenship and the statement which deprived one person of the right to be the initiator of the Assembly and Manifestation.  The Article of the draft imposing 20 meters radius principle with regard to certain buildings partially contradicts with the Constitutional Court decision. We consider that the suggested formulation in a blanket restriction and in the process of regulating assemblies and manifestations the attention should be paid on restrictions to block the entrances rather than on formal radius. Introducing back partially or completely the norms that were considered by the Constitutional  Court unconstitutional shall be considered as absolute ignorance of the significance of Constitutional justice, that is unforgivable. 

2011-06-17 11:53 See more

GYLA will challenge constitutionality of the applicable legal incapacity model before the Constitutional Court

June 14Th is the day for protecting persons with limited capacities. This group also includes mentally retarded persons, who jointly with individuals who have mental disorder are considered to be the most vulnerable among the persons with limited capacities, since legislation deprives them of legal capacity completely. Full legal incapacity entails prohibition to make decision of legal importance (simple sale and so on). According to the Georgian model of legal incapacity, from the moment of its establishment mentally retarded person is deprived of opportunity to make any decision regarding him/herself independently. Persons without legal capacity have guardians appointed, who make all decisions alone, independently from legally incapable person.      Certainly, mentally retarded persons cannot make adequate decisions in all cases regarding their private life. Moreover, they are vulnerable and may become subject of manipulation if they act independently. Obviously they are in need of persons to assist them, they require some other individuals who will help them realize the situation adequately and express their will. This approach is something different from the applicable model of guardianship. It envisages substitution of the will of legally incapable person, rather than their assistance in revealing  determination.

2011-06-17 11:52 See more

GYLA reacts on the statement of the Supreme Court

Georgian Young Lawyers’ Association reacts on the statement of the Supreme Court of 10 June 2011 regarding the published Research   “Legal Analysis of the Cases of Criminal and Administrative Offences with Alleged Political Motive”.  The Research mainly entails legal analysis of the cases of detained/arrested persons during and following spring 2009 protest rallies. We saw the necessity of doing the research after the topic of political prisoners in Georgia became widely discussed in public and among international community. Following served as criteria for case selection: high public interest in a particular case, as well as alleged political motive of criminal prosecution or administrative responsibility.    The Research was not aimed at establishing either culpability or innocence of certain individuals.  We intended to define to what extent the legislative norms were observed in the process of administration of justice and whether the requirements of fair trial were considered by the investigative /judiciary organs. Legal analysis of cases reviewed in the research determined serious gaps in the execution of criminal justice. The fact is reinforced by legislative flaws and wrong interpretation of procedure legislation, as well as malpractice upheld by inaccurate practice of the applicable law.

2011-06-17 11:50 See more

Presentation of the Legal Analysis –“Cases of Criminal and Administrative Offences with Alleged Political Motive”

Georgian Young Lawyers’ Association arranged presentation of the Legal Analysis –“Cases of Criminal and Administrative Offences with Alleged Political Motive” on June 10, 2011 at 12:00 in hotel “Courtyard Marriott. The Research funded by the Embassy of the Kingdom of Netherlands in Georgia, mainly entails legal analysis of the cases of detained/arrested persons during and following spring 2009 protest rallies. We saw the necessity of doing the research after the topic of political prisoners in Georgia became widely discussed in public and international community. Following served as criteria for case selection: high public interest in a particular case, as well as alleged political motive of criminal prosecution or administrative responsibility. Legal analysis of cases reviewed in the research determined methodical errors in the execution of criminal justice in relation to individuals who can be considered as possible opponents of the authority due to political or public activities of these persons or their friends and family. The analysis discovered both legislative flaws and wrong interpretation of procedure legislation, as well as malpractice reinforced by inaccurate practice of the applicable law. 24 cases were selected for the research, including 6 cases involving administrative violations and 18 criminal cases. Representatives from international organizations, foreign embassies, non governmental organizations and state authorities were invited at the meeting.

2011-06-17 11:44 See more