The Parliament of Georgia is considering draft amendments to the Code of Imprisonment. The amendments deal with both incentives and restricting measures. Public Defender has released a statement regarding the planned changes to the Code. In his statement Public Defender noted that restriction of a short-term visits to convict was a definite negative step. GYLA's opinion on the draft law under Parliament’s consideration were submitted to the Parliament in a written form on October 27, 2011. Currently the draft has been approved with its first reading. The draft provides for increase of number of telephone conversations, video appointments and visits, as an incentive for prisoners; it also contains a number of restrictive amendments and supplements. For example, Article 9 of the draft inserts new types of disciplinary punishments in the Code, including: h) restriction of the right to telephone conversations for the maximum period of 3 months; i) restriction of the right to receive and send personal correspondence for the maximum period of 3 months; j) restriction of the right to use the service of a store located on the territory of penitentiary/freedom deprivation facility for the maximum period of 3 months, k) restriction of the right to remittances for the maximum period of 3 months.
2011-11-02 06:51 See moreOn 22 October, a meeting was held at the Analytical Department of the Ministry of Justice. Representatives from the Ministry of Justice, the Georgian Young Lawyers Association and Transparency International Georgia attended the meeting.At the meeting, the Ministry presented proposals concerning regulation of political party financing. While preparing the relevant legislative amendments, the Ministry intends take into consideration the recommendations offered by the local and international organizations (GRECO, the Council of Europe’s Committee of Ministers). In addition, the Ministry is planning to propose further regulations some of which contradict certain provisions of the July 2011 agreement between political parties. The wording of specific legislative amendments was not presented at the meeting, which makes it difficult to conduct legal analysis. Although the civil society vigorously highlighted the problems in the party financing system during past (2008 and 2010) elections, while the GRECO recommendations were published as early as 1 July 2011, the ruling party had not taken them into consideration and they had not been incorporated into the new draft Electoral Code either. We therefore believe that the government’s initiatives in terms of imposing restrictions on party financing could be linked to the recent political developments in Georgia.
2011-10-25 09:32 See moreOn October 20-21, 2011, Georgian Young Lawyers’ Association (GYLA), the International Society for Fair Elections and Democracy (ISFED) and Transparency International – Georgia held public discussions about the Election Code reform in Kutaisi and Batumi. Representatives of local NGOs, media outlets, political parties, district election commissions and local authorities participated in the meetings. The meetings focused on presentation of recommendations and comments elaborated by three NGOs about the draft Election Code. The recommendations deal with the new election system offered by the draft, norms regulating use of administrative resources, transparency of campaign funding and monitoring, formation of voter lists, work of the election administration and problems related to election dispute procedures. The NGOs conclude that the proposed draft fails to offer any essential changes for improvement of the election environment. The work in this direction will continue in cooperation with the Parliament of Georgia and other stakeholders. The NGOs will hold similar meetings in other regions of Georgia.
2011-10-24 06:19 See moreRecent developments in the country raised a number of questions among public regarding the rules for acquiring and losing citizenship of Georgia. We deem it expedient to briefly clarify statutory requirements for acquisition and loss citizenship of Georgia. Citizenship of Georgia may be acquired at birth, by naturalization or on the basis of other grounds provided for by international treaties to which Georgia is a party and this Law.Under the Organic Law of Georgia on Citizenship of Georgia, Citizenship of Georgia may be granted to person that has reached age of maturity, if he or she meets the following requirements: (a) has been permanently residing within the territory of Georgia during the past five years, (b) knows the state language at the established minimum. (c) is familiar with the history and legislation of Georgia at the established minimum. (d) has a job or any real estate on the territory of Georgia, or is pursuing entrepreneurial activities on the territory of Georgia, or is holding a stock or shares in a Georgian company. Although a citizen of Georgia may not be holding citizenship of another state, under the Constitution of Georgia, “citizenship of Georgia shall be granted by the President of Georgia to a citizen of foreign country, who has a special merit before Georgia or grant the citizenship of Georgia to him/her is due to State interests”. In such case, a president of Georgia can grant citizenship to such person notwithstanding whether he or she meets general requirements for acquiring the citizenship (i.e. whether he or she has been permanently residing within the territory of Georgia during the past five years, whether he or she knows the state language, history, etc.).
2011-10-21 11:18 See moreGeorgia’s national administration group of the Philip C. Jessup International Law Moot Court Competition invites law students for participation in moot courts, which will be held in Washington, D.C., USA in spring 2012. Teams made up of 2-4 students are eligible for participation in the competition. Registration deadline is November 1, 2011. The competition is conducted in English and participation is free of charge. For national registration please contact representative of the national administration group Ana Tabidze (cell: 577 48 98 48; atabidze@yahoo.com ) For additional information, please visit www.ilsa.org/jessup
2011-10-20 11:38 See moreGeorgian Young Lawyers’ Association (GYLA) and Levan Mikeladze Foundation implemented monitoring of practice of the Georgian National Communications Commission in June-September 2011. Presentation of Interim Report of the coalition project Civil Monitoring for Improvement of TV Media Environment was held in Tbilisi Marriot on October 18. During the reporting period particular attention was paid to lawfulness of sanctions imposed on authorized entities (cable televisions), protection of consumers’ interests and issues related to transparency of the process of regulation. During the presentation, head of GNCC’s legal department, Mr. Kakhi Kurashvili conveyed his positions. According to him, the GNCC shared some of the recommendations elaborated by the monitoring team.
2011-10-20 09:28 See moreGeorgian Young Lawyers’ Association (GYLA), International Society for Fair Elections and Democracy (ISFED), and Transparency International – Georgia held a meeting with international organizations in Georgia and representatives of embassies accredited in the country.The meeting focused on discussion of outcomes of the meeting with the parliamentary legal committee following September 30, 2011 release of recommendations and comments elaborated by the three organizations. Recommendations of the organizations dealt with the election system offered by the new draft of the Election Code, norms regulating use of administrative resources, transparency and monitoring of election funding, formation of voters’ lists, work of the election administration and problems related to electoral dispute procedures. During the meeting the legal committee shared some of the issues raised by the NGOs; however, there are certain issues remaining in the recommendations that will no longer be subject to the legal committee’s review and amendment - e.g. increase of number of MPs, formation of voters’ lists by a special commission. Additionally, there are some issues that could be further discussed before they are finally decided on. These issues include abolishment of inking, restriction of use of administrative resources.
2011-10-20 08:30 See moreOn October 14, 2011, public discussion on promotion of development of democratic institutions in the regions by means of supporting free and fair elections, organized by Georgian Young Lawyers’ Association, Caucasian Institute for Peace, Democracy and Development and Saferworld was held in Zugdidi. The discussion mainly aimed to provide local population with an opportunity to engage in a constructive dialogue with representatives of both local and central authorities and to plan for joint solutions to problems identified on the basis of consultations with community under the first phase of the project. The discussion is implemented under the auspices of the project “Increasing regional capacity for community-based approaches to security, as a tool for sustainable early warning, conflict prevention and local accountability” funded by the UK Conflict Resolution Fund”. Similar discussions were held in Samtskhe-Javakheti, Shida Kartli, Samegrelo and Kvemo Kartli. Final conclusive discussion will be held in Tbilisi.
2011-10-20 08:17 See moreOn October 3, 2011 Telavi district election commission examined the complaint filed by GYLA representative. The complaint concerned violations of the procedures by the members of election commission in terms of opening the ballot box and counting the votes. GYLA demanded imposition of liability on the law breaker members of the election commission pursuant to the Organic Law of Georgia “Election Code of Georgia”. Having examined the violations stated by GYLA in its compliant Telavi district election commission No 17. made decision on imposing relevant liability measures on the violator. See the decision of Telavi district election commission No 17.
2011-10-05 08:55 See moreFormat of the mission GYLA was monitoring the mid-term elections of the Parliament of Georgia held on October 2, 2011 in Telavi election district No.17. It has implemented the monitoring with the help of three mobile groups which have encompassed 54 precinct election commissions of Telavi district. During the polling day GYLA observers were monitoring process at the polling stations on a systematic basis. In general, the polling day was held in peaceful environment and no significant violations were detected. Mainly there were only procedural or technical gaps distinguished. Deficiencies of the Polling DayProcedural gaps were detected most frequently in polling stations of the village Kharajali (No.37; 38; 39; and 54 ). Ballot papers have not been printed on a language that national minorities were able to understand and therefore, majority of voters were unable to vote independently. Frequently, voters in the polling booths needed assistance in making their choice that inhibited conduct of balloting in an organized way. There were instances when voters indicated each other to vote for a specific election subject.
2011-10-05 08:19 See more