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Georgian Young Lawyers’ Association Traditionally Presented the December 10 Reports to Public

Within the series of human rights event, GYLA traditionally presented the December 10 reports to public. Freedom of information is a fundamental right, and one of the legal grounds for government control and informed participation in the process of decision making. Obligation of public entities to submit to parliament and the president of Georgia detailed reports about practice of the noted right at the entity concerned, is one of the important guarantees for its protection. The fact that public entities are accountable to both executive and legislative branches of the government highlights particular importance of realization of freedom of information. GYLA regularly observes and examines practice of stipulations of Article 49 of the law. Report of the outcomes of the December 10 Reports was published in 2010, covering the reports submitted from 2000 to 2009.

2011-12-15 10:37 See more

GYLA held a Roundtable on Problems related to Administrative Imprisonment

On December 14, 2011, within the series of human rights events, Georgian Young Lawyers’ Association organized a meeting on the topic of administrative imprisonment. At the meeting GYLA presented opinions on key problems in law and practice of administrative imprisonment. The fact that use of administrative imprisonment as a sanction violates most of the human rights was highlighted. Furthermore, administrative imprisonment is sentenced by evading necessary procedural guarantees. Judges of city court and court of appeals, representatives of various state entities, including the Interior Ministry and the High Council with the Ministry of Justice participated in the meeting; the meeting was also attended by representatives of local and international organizations.  

2011-12-14 14:39 See more

Young Lawyers for Constitutional Rights

In frames of the series of human rights events, the Foundation for Support of Legal Education established by Georgian Young Lawyers’ Association traditionally held an Olympiad “Young Lawyers for Constitutional Rights” at the Constitutional Court of Georgia. The Olympiad has been held annually for the last five years, in cooperation with the Constitutional Court, concurrently with GYLA’s traditional Human Rights Week. This year the Olympiad was financially supported by the German Foundation for International Legal Cooperation (IRZ). This year total of 8 teams participated in the Olympiad, representing 2nd, 3rd and 4th year students of BA program of different schools. The Olympiad was guided by the jury composed of members of the Constitutional Court, field specialists, professors, teachers and a judge from Germany. Qualifying rounds of the Olympiad where semi-finalist teams were selected was held on December 9;

2011-12-14 12:56 See more

Results of Monitoring of Works Undertaken in Support of Internally Displaced Persons

Within the series of human rights event, Georgian Young Lawyers’ Association held a presentation of the second report at the office of the Open Society – Georgia Foundation, entitled Monitoring of Works Undertaken in Support of Internally Displaced Persons. First part of the report focused on monitoring of state’s spending of funds allocated by donors to Georgia for construction and rehabilitation of IDP housings. As for the second report, it focuses on monitoring of funds spent for installment of means of communication in IDP housings. GYLA examined works undertaken at specific areas for provision of water, electricity and gas supply. Furthermore, it inspected actual works performed by means of site-visits. The research revealed the necessity to take local population’s needs into account in the process of planning works to be performed and to ensure participation of local population in decision-making process.

2011-12-13 14:49 See more

GYLA’s Georgian Media Legal Defence Centre calls on the Georgian Business Week Ltd to Stop Violating Journalists’ Rights and Fulfil the Enacted Decision of Court

GYLA’s Georgian Medial Legal Defence Centre is representing interests of journalists Maia and Nino Edilashvilis. Nino and Maia Edilashvilis worked at Georgian Business Week Ltd., Nino Edilashvili worked as an executive editor From May 1, 2008 to October 14, 2009, and Maia Edilashvili worked as a chief editor from May 1, 2007 to October 14, 2009. Although they were faithfully performing their duties, Georgian Business Week Ltd. refused to pay due salaries to them for months. The employer failed to provide the final settlement to the journalists upon dismissal from work.

2011-12-12 16:08 See more

MIA Partially Recognized the Facts of Inflicting Harm to Journalists and Undertook Obligation to Compensate the Damage

On December 12, 2011, journalist Tea Tadashvili of Tbilisi City Court’s Board of Administrative Cases examined collective lawsuit of journalists (total of seven applicants) filed against the Ministry of Interior Affairs of Georgia. The plaintiffs, Netgazeti journalists Konstantine Stalinski and Tamaz Kupreishvili, Guria News journalist Nato Gogelia, Batumelebi newspaper Ltd, Chokhatauri Matsne Ltd, Akhali Ambebi Ltd, Radiocenter Plus Ltd have applied to court to have the respondent ordered to restore original condition/reimburse property damage and compensate damages to health. Representatives of MIA declared that they recognize the claim for compensating health damages. As for the claim concerning equipment, they state that it is impossible to restore original condition as MIA can not return the same exact equipment and footage that journalists had. More specifically, the Ministry recognized facts of inflicting health damage to Konstantine Stalinski, Tamaz Kupreishvili, Nato Gogelia, and recognized the claim of Batumelebi newspaper concerning seizure of two cameras and the claim of Akhali Ambebi Ltd concerning one flip-chart that was seized from its journalist on May 26 at night by law enforcers.

2011-12-12 16:06 See more

Public Discussions on Draft Joint Opinion of OSCE/ODIHR on the Draft Election Code of Georgia

Today, Georgian Young Lawyers’ Association, the International Society for Fair Elections and Democracy (ISFED), and the Transparency International – Georgia held public discussion on Draft Joint Opinion of OSCE/ODIHR on the Draft Election Code of Georgia. Representatives of local and international organizations, media outlets and political parties participated in the meeting. The discussion was supported by the International Foundation for Electoral Systems (IFES) in Georgia, and the U.S. Agency for International Development (USAID). In addition to the Draft Joint Opinion of OSCE/ODIHR on the Draft Election Code of Georgia, the meeting also discussed legislative amendments to the text of the draft Election Code of Georgia prepared by the Legal Affairs Committee of the Parliament. The proposed amendments were prepared in consideration of comments of OSCE/ODIHR and local NGOs.

2011-12-12 13:44 See more

GYLA is holding Series of Human Rights Events

Georgian Young Lawyers’ Associaton (GYLA) will mark the celebration of the Human Rights Day traditionally by holding serios of human rights events. The series of events marking the Human Rights Day celebrations commenced with a rally held at RikeFurthermore, GYLA Chairperson Tamar Chugoshvili held a press conference, giving a brief overview of human rights problems in Georgia in 2011. The press conference highlighted the following problems in human rights practice in Georgia in 2011: •    Right to a fair trial – the problem of violation of the right to a fair trial remained to be acute throughout last year. Cases that involved criminal and administrative violations were problematic. Use of restrictive measures are particularly noteworthy with regard to criminal cases, as frequently pre-trial detention was applied without any substantiation and in violation of legal requirements. Furthermore, administrative cases, and administrative imprisonment in particular, have also proved to be problematic. Generally, right to defense is not ensured, court’s decisions lack substantiation, frequently courts deliver their decisions on the basis of statements of police officers, without examining or upholding other important evidence;

2011-12-10 11:58 See more

GYLA Celebrating International Anti-Corruption on December 9, 2011

GYLA marked celebration of the International Anti-Corruption Day by holding a presentation and a roundtable on the topic of “the System of Disciplinary Proceedings in Civil Service (overview of legal standards and factual situation)”. The event aimed at familiarizing public with results of the research of legislative regulation and existing practice of disciplinary proceedings in civil service as one of the spheres vulnerable to corruption, also to discuss reccomendations developed by GYLA, listen and share participants’ comments. Anti-corruption work is one of GYLA’s strategic directions. In this regard, GYLA is already a member of the Anti-Corruption Council with the Ministry of Justice of Georgia; it also implements anti-corruption monitorings and presents prepared reports to broad public. The December 9 event was also attended by representatives of civil society and public defender, as well as experts specializing in the noted field.

2011-12-09 13:28 See more

GYLA Addresses Parliament of Georgia with regard to the Draft Law on IDPs

Draft law on amendments to the Law of Georgia on Internally Displaced Persons nitiated by the Government of Georgia has been submitted to Parliament for consideration. In addition to other technical issues, the draft law also envisages changes that may have a negative consequences for the rights of individuals to whom the current Law applies. More specifically, the draft law changes notion of a displaced person by providing the following formulation: “An internally displaced person from the occupied territories of Georgia (hereinafter, and IDP) is a citizen of Georgia or a person permanently residing in Georgia who was forced to leave his place of permanent residency due to the threat to his life, health and freedom or life, health and freedom of his family members, as a result of occupation of the territory and aggression by a foreign state, mass violation of human rights or as a result of events determined by para. 11 of Article 2 of this Law”. Such definition of the notion of IDP narrows down the list of individuals to whom the existing Law applies to and limits it to persons displaced from the occupied territories, whereas a number of individuals from unoccupied territories, villages adjacent to the conflict zone (villages of Zardiantkari, Didi Khurvaleti, etc.) were forced to leave their places of permanent residence following the August 2008 war. In absence of strong security guarantees, they are unable to get back to their homes, which is also confirmed by letters of the Ministry of Interior Affairs.

2011-12-09 12:30 See more