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Appeal of Civil Organizations and Unions about a Candidate for the Position of Public Defender

  To the Parliament of Georgia, Us, civil organizations and unions, apply to you with a proposal to nominate and elect Tamar Gurchiani for the Public Defender’s post. Tamar Gurchiani is a highly qualified lawyer and has an experience in working in the area of human rights. In particular, for many years she participated in local, regional and international projects for media freedom, government transparency, good governance and fair elections. In addition to her professional experience, it is our firm belief that Ms. Gurchiani possesses personal qualities necessary for a public defender: she is fair, a woman of principle, politically unbiased, with civic courage and responsibility. She has a distinguished ability of taking into account opinion of her co-workers, colleagues, and reaching an agreement. It is our firm conviction that Tamar Gurchiani will make a productive public defender, as she is well acquainted with social, cultural, economic, civil and political problems, and is sensitive towards all groups of the society.  

2012-10-12 07:14 See more

Statement of the Coalition for and Independent and Transparent Judiciary

The Coalition for an Independent and Transparent Judiciary has released a statement in response to the crucial developments in Georgia.

2012-10-10 08:02 See more

GYLA’s Georgian Media Legal Defense Center Responds to Cancelling of Public Broadcaster’s TV Programs

GYLA’s Georgian Media Legal Defense Center (GMLDC) responds to reports about closing of the shows Vakho Sanaia’s Report and the European Choice, both hosted by Vakho Sanaia, and sacking of journalists. Journalists believe that the reason for cancelling these shows stems from changes in the Public Broadcaster’s content – switching from public content to public and political, as well as the fact that the show host joined students’ rally outside the Public Broadcaster’s offices. Further, there are reports of cancelling Eka Khoperia’s TV show Audience Article 16 of the Law of Georgia on Broadcasting stipulates that Public Broadcaster must ensure editorial independence, the fairness and impartiality of programs and guarantee that the latter are free from state, political, religious or commercial influence; ensure impartiality of news, public and political, educational and analytical, cultural and sports programs according to public interest; ensure informing audience in a timely and comprehensive manner about important events taking place in Georgia, throughout its regions and worldwide.

2012-10-10 07:30 See more

GYLA Demands Transparency of the Work of Funds Set Up by Tbilisi City Hall

According to various media reports yesterday, The Fund for Rehabilitation and Development of the Old City transferred total of GEL 5129 to the account of Club Diva LTD in May 2010. In this light, we’d like to highlight several circumstances: In May 2012 GYLA published a report Rehabilitation Process Beyond the Facade, which also focused on participation of the Fund for Rehabilitation and Development of Old City in the process of rehabilitation of the historic part of Tbilisi.

2012-10-10 07:00 See more

GYLA and the International Society for Fair Elections and Democracy Respond to the Statement of the CEC

Recently media has been reporting about election subjects replacing their representatives following the Election Day. In particular, under the eleven resolutions of the CEC Secretary Gizo Mchedlidze, dated October 3, 2012, representatives of the election subject United National Movement – More Benefit to People have been replaced in individual district election commissions. Para.6 of Article 42 of the Election Code clearly stipulates that “An election subject shall have the right to withdraw and/or replace its representative at any time on which it shall inform the appropriate election commission”, meaning that election subjects are prohibited from withdrawing or replacing their representatives following the Election Day. In view of the applicable legislation, GYLA and ISFED believe that replacement of representatives following the Election Day as an illegal decision. Yesterday, on October 6, the CEC released a statement about replacement of election subjects’ representatives. In particular, the CEC has interpreted para.6 of Article 42 of the Election Code as follows: “an election subject is prohibited from withdrawing or replacing a representative only on the Election Day. The prohibition does not apply to the period after the polling is finished.” The statement also reads: “it is regrettable that Georgian Young Lawyers’ Association and the International Society for Fair Elections and Democracy have made a one-sided and unqualified comment about the issue. The prohibition, as interpreted by them, makes it impossible for election subjects to replace or appoint representatives during the period before future elections.”

2012-10-08 13:29 See more

Statement on the Act of Violence in Marneuli

The International Society for Fair Elections and Democracy, Georgian Young Lawyers’ Association and the Transparency International – Georgia condemn physical violence on political grounds that occurred inside the building of Marneuli Gamgeoba. As observers of the NGOs have reported, today activists of the coalition Georgian Dream invaded offices of Marneuli Gamgeoba, verbally abusing personnel. Regrettably, Deputy Gamgebeli and his driver were subjected to violence. The latter has been taken to the hospital. According to Gamgebeli of Marneuli, he was also subjected to physical violence. Once more, the NGOs call on political party leaders to put an end to acts of violence perpetrated by activists of the coalition and its supporters on political grounds, endangering a peaceful and fair post-election period.  

2012-10-08 06:48 See more

GYLA Won another Court Case Taken to ECHR

European Court: the President of the Tbilisi Court of Appeal was negligent in reviewing both the factual and the legal basis for the applicants’ detention. On 2 October 2012, the European Court of Human Rights delivered a judgment in the case of Kakabadze, Chkhartishvili, Jishkariani, Rtveliashvili and Dalakishvili v Georgia (No. 1484/07) . The Court found breaches of Article 5 (illegal deprivation of liberty), Article 6 (right to a fair trial), Article 11 (freedom of assembly and association) and Protocol No. 7, Article 2 (right of appeal in criminal matters) of the European Convention on Human Rights and Fundamental Freedoms, as the applicants were unlawfully arrested, in violation of freedom of expression, whereas the Tbilisi Court of Appeal sentenced all five applicants to 30 days of administrative detention without reviewing both the factual and the basis for their detention, which in ECHR’s opinion was an excessive punishment. The applicants were represented by GYLA and the European Human Rights Advocacy Centre (EHRAC). The Court found that the applicants’ initial arrest and subsequent detention for thirty days was “made in an arbitrary manner, without the requisite exercise of good faith on behalf of the domestic authorities”. the Court concluded that the applicants’ arrest was not based on sufficiently clear and foreseeable domestic provisions and they could not have foreseen that their street picket in front of the Tbilisi Court of Appeal could entail their arrest and dtention as applicable provisions gives bailiffs power of arrest for acts committed inside court-house (violation of Article 5 of the Convention).

2012-10-05 13:47 See more

GYLA’s Statement on Khashuri Election District N35

Georgian Young Lawyers’ Association (GYLA) expresses a concern over post-election developments in several election precincts in Khashuri Election District N35 and calls on the authorities to take further actions in an adequate and effective manner, which is particularly important in light of the fact that the disputed election precincts have a substantial importance on results from Khashuri Election District. The election process, including tabulation of results in about 10 election precincts of Khashuri N35 Election District were conducted in serious violations of law. Specifically, evidence including statements of the PEC members suggest that the PEC summary protocols were drawn up in a way that did not reflect the will of voters expressed in these precincts or that the original data in summary protocols drawn up by the PECs was later changed. Further, Special Forces Units invaded several precincts of Khashuri and forced commission members to record election results in summary protocols the way they instructed them to.

2012-10-05 09:20 See more

Statement on Post-Election Developments related to Precinct Election Commissions

Georgian Young Lawyers’ Association (GYLA), International Society for Fair Elections and Democracy (ISFED) and Transparency International – Georgia have released a statement on developments during tabulation of election results. Currently, appeals are still ongoing at district election commissions (DECs). According to observers as well as media reports, political party activists are assembling outside DECs, frequently acting in an aggressive manner. In particular, rallies demanding annulment of precincts and re-counting of votes are ongoing outside DECs in Martvili, Senaki, Terjola, Ambrolauri, Sighnaghi, Dedoplistskaro, Lagodekhi, Akhalkalaki, Akhaltsikhe, Marneuli and Tetristskaro. Further, there are reports about planned picketing of various DECs. ISFED’s observer in Zugdidi Election District was pressured due to the fact that ISFED’s red logo was associated by a party activist with a concrete political force.

2012-10-04 11:32 See more

Results of the polling day monitoring as of 09:00pm

GYLA continues to monitor the course of the polling day in Tbilisi and 35 election districts throughout the regions. As of 09:00am, special units are mobilized nearby precinct N69 in Saburtalo N3 District and precinct N31 in Krtsanisi N4 District. There were individuals mobilized outside the precinct, who were registering voters. We would like to clarify once more that it amounts to indirect control on free expression of voters’ will. Further, in the last few hours GYLA’s observers identified the following violations: • Active concentration of police outside precincts N16, 29 and 31 in Krtsanisi N4 Election District. Police officers are asking people who have arrived at the precinct to identify themselves and explain why they’ve come; • Mobilization of police and public servants outside precinct N49 in Dusheti District. This is one of the largest precincts in Dusheti District’ • Confrontation between activists of political forces outside precinct N8 of Saburtalo N3 District;

2012-10-02 07:22 See more