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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.

2011-06-11 09:44 See more

General Analysis of Violations of Human Rights during and following the Dispersal of May 26, 2011 Protest Rally

GYLA publishes a report about preliminary and brief evaluation of general trends of human rights violation that were identified during and after the dispersal of May 26, 2011 rally, during detention of protesters or other persons that were present at the rally site and review of their cases by court. This analysis is based on statements obtained by GYLA from eye-witnesses and persons under its legal protection, as well as video and photo material disseminated by open sources.

2011-06-06 14:43 See more

GYLA expresses concern about the limitation of the right to defence of the detainees

GYLA Ozurgeti Office revealed yet another fact of the interference in the exercise of the right to legal assistance of the detainees, which is guaranteed under the Georgian Constitution and the International Human Rights Law. One of the participants of the May 26th rally, Mr. Nugzar Burchuladze, is represented by GYLA Ozurgeti Office. Ozurgeti District Police Department summoned Mr. Burchuladze as a witness.  He appeared before the Police Department while being accompanied by GYLA lawyer.  Police Department Officials did not allow the lawyer to be present at his client's questioning. Our lawyer submitted a written complaint to the Head of District Police Department asking for non-interference with Mr. Burchuladze's right to defence. In response, the lawyer was told that Mr. Burchuladze rejected the need for legal protection. However, no written proof was provided and the lawyer was not allowed to communicate with the client either. GYLA emphasizes that the above-mentioned is the interference with the fundamental human rights of the detainee. We urge Ozurgeti Police Department to ensure Mr. Burchuladze's access to lawyer. We also call on Ozurgeti investigative bodies to examine thoroughly these facts.

2011-05-30 15:58 See more

GYLA lawyers found out whereabouts of several missing

On 27 May 2011 GYLA Telavi office lawyers visited members of rally held in Telavi pre-trial detention centre. Conditions of detention in Telavi Isolator are critical and urgent measures are required.According to the detainees and the lawyers:-    The following detainees have been brutally beaten up by police officers: Andrei Gora, Murman Dumbadze and Aleko Chubinidze. It has to be noted that Murman Dumbadze was brutally beaten up when brought to Tbilisi Chief Police Office; -    They are denied access to medical treatment;-    For already 2 days they are not provided with any food;

2011-05-28 16:55 See more

Georgian Young Lawyers’ Association makes statement on infringement of the rights of detainees

The Ministry of Interior of Georgia has officially announced that as a result of dispersal of peaceful manifestation there are 90 detainees, some of them has already been sentenced to administrative detention and the others were fined.GYLA provides legal assistance to the detainees. GYLA lawyers until now are in search of certain individuals and/or are seeking information about identities of those detained in pre-trial detention centers. However, access to such information is strictly limited. GYLA lawyers are not allowed to visit the persons under their defense in the pre-trial detention centers.GYLA calls upon the Ministry of Interior to publish the list of those detained on 26 May 2011 as a result of dispersal of the demonstration taking place in front of the Parliament of Georgia in order to ensure that their rights to defense is fully respected. GYLA also calls upon the Ministry to establish the whereabouts of those missing since last night.GYLA would like to comment on court proceedings held in the Tbilisi City Court against the detainees. GYLA lawyers faced serious difficulties in getting information about those brought in the Tbilisi City Court. In the beginning GYLA lawyers were even refused to exercise their professional duties.Some of the detainees brought before the Court had visible physical injuries. However, judges usually did not pay attention on this – they never expressed interest in clarifying what were the circumstances of a person being injured.

2011-05-26 16:58 See more

Georgian Young Lawyers’ Association and Transparency International – Georgia make their preliminary statement about the dispersal of manifestation on 26 May

At about 00:12 on 26 May 2011 forces of the Ministry of Interior started dispersal of manifestation taking place on the Rustaveli Avenue. Even if the decision of dispersal of the demonstration had been legitimate, video footages disseminated through various media sources clearly show use of excessive force by police. This is in breach of the Georgian Law on Police. These facts of violence could not be left without legal assessment and adequate investigation.Relying on the information disseminated by media sources, dispersal of manifestation was followed by disproportionate use of force, beating of detained demonstrators, who did not show resistance towards police. On the basis of the information broadcasted, journalists were not allowed to perform their professional duties; some of them are injured and detained.On the basis of the above-mentioned, according to GYLA and TI-Georgia there are signs of excessive use of force and crimes committed by police. Georgian Young Lawyers’ Association would like to express its readiness to provide legal assistance to any detainee and are open to such requests made by their family members and/or relatives.

2011-05-25 23:23 See more

Statement by Local Non‐Governmental Organizations about the Resumption of Negotiations on Election Reform

Negotiations between the ruling and opposition parties about election reform have resumed. Both sides have agreed to individual consultations. We, as organizations observing negotiations between the ruling and opposition parties on election reform, welcome the decision by both sides to resume consultations. We are Transparency International– Georgia, International Society for Fair Elections and Democracy, Georgian Young Lawyer’s Association, and New Generation – New Initiative. We think, however, that changing the consultations to a closed format will decrease their transparency.

2011-05-13 13:35 See more

GYLA filed in the Constitutional Court against the Authority of Police to Stop and Frisk

 The Georgian Young Lawyers’ Association (GYLA) filed in the Constitutional Court of Georgia on behalf of citizen Davit Shubladze with a request to repeal Article 91 (stop and frisk) of the law of Georgia on Police, as it contradicts Article 18 (right of liberty and integrity) and Article 20 (right to personal life) of the Constitution of Georgia.

2011-05-13 08:07 See more

GYLA Held a Presentation of Analysis of Court Practice Related to Freedom of Information

On April 28, at 12:00 pm at the Radisson Hotel the Georgian Young Lawyers Association held presentation of results of the research conducted in frames of the project ‘Promotion of Accountability and Transparency in Georgia’. The research covered analysis of practice of common and constitutional courts with regard to freedom of information in 2008-2010. The analysis entitled Freedom of Information in Georgia – Basic Trends of Court Practice reflects the freedom of information standards elaborated by the judicial authority in Georgia.

2011-05-02 07:10 See more

Georgian Young Lawyers’ Association Responds to the April 26, 2011 Comment of the Ministry of Justice

Georgian Young Lawyers’ Association responds to the comment of the Ministry of Justice of Georgia concerning the ECHR’s ruling into the case of Enukidze v Georgia and considers that the state authorities of Georgia should adequately evaluate the noted ruling of the Court and take it into consideration.

2011-04-29 09:40 See more