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Successfully Litigated Cases in March

2015-04-06 12:00
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With GYLA’s Assistance an Individual was Relieved from Administrative Liability
 
With legal assistance of GYLA’s Ozurgeti Office Ozurgeti regional court released R.T. from administrative liability. On January 3, 2015 the protocol of administrative offence was drafted against R.T. for driving a car, while his driving license has been terminated (for non-payment of imposed penalty and fine in October, 2014), though R.T. has not been informed about termination of the driving license according to the rules envisaged by law. Further, as the official web-page of the Ministry of Interior demonstrates, he had paid the fine on time.
 
The court fully upheld argumentation of the defense that in the given case patrol police should have notified an individual about termination of the driving license. In view of this, the court completely satisfied R.T.’s claim and he was relieved from administrative liability.
 
With Assistance from GYLA’s Ajara branch, the court annulled illegal decision of the commission working on recognition of title under the local council of Kobuleti municipality
 
GYLA’s Ajara branch provided legal assistance to D.D., whose title on the land plot was annulled by Kobuleti municipality council for recognition of title without informing him in 2009. Moreover, D.D. was informed about annulment of his title on the plot five years later. With assistance from GYLA’s Ajara branch, D.D. filed a lawsuit to the court against the municipality commission and claimed invalidation of its decision. According to the court decision, D.D.’s claim was partially satisfied without resolution of the subject of dispute, namely the decision of the Kubuleti municipality commission was invalidated and the Commission was ordered to make a new decision after examination and evaluation of circumstances.
 
With GYLA’s Assistance, illegally dismissed individuals were restored to the office
 
GYLA’s Kutaisi branch represented in the court Z.P. and N.M.’s interests, dismissed from the office as per order of the director of cargo transportation unit of the Georgian Railway.
 
Tbilisi City Court annulled Z.P. and N.M.’s dismissal orders. They were restored to their previous positions and Georgian Railway became obliged to compensate to the applicants for the missed salary in the amount of GEL 2950 per month since May 1, 2013 until enforcement of the court decision. Upper instance courts left the decision of the first instance court in force.
 
With assistance from GYLA’s Telavi office an individual received compensation for moral damage and the respondent became obliged to revoke statements infringing respondent’s honor and dignity
 
GYLA’s Telavi office represented in the court N.K.’s interests whose honor and dignity was infringed by V.D. and L.S.’s statements. 
With assistance from GYLA’s Telavi office, N.K. lodged a case to Telavi regional court and claimed from respondents to revoke statements infringing his honor and dignity and to compensate for the moral damage. By the decision of the same court, N.K.’s claim was satisfied and respondents V.D, and L.S. were ordered to revoke the released statements. In addition, they became obliged to compensate GEL 2000 to N.K. for the moral damage.  
 
Perpetrator was prohibited to inflict any verbal, physical and psycologic violence upon the victim of domestic violence 
 
1. On March 18, 2015 Gori regional court granted I.M.’s complaint about issuing protective order. Facts of abuse were confirmed at the trial and Gori regional court made decision about issuing protective order against a perpetrator and he was prohibited to abuse the victim of domestic violence verbally, physically or psychologically, as well as to approach her apartment or to have any other contact.
 
2. GYLA’s Gori office represented in the court O.E.’s interests. She, together with her husband G.Ch and three minor children lived in Ukraine, in Luganski district. According to O.E.’s statement, her husband, who is a citizen of Georgia, abused her physically and verbally. After launch of hostilities in Luganski district, they had to leave Ukraine and arrived in Georgia. G.Ch continued to abuse his wife  during their stay in Georgia. With GYLA’s assistance, O.E. applied to the court and claimed protective order. By its  March 27, 2015 decision, Gori regional court granted applicant’s request on issuing protective order. The perpetrator was prohibited to abuse the applicant physically and psychologically, and to approach her within 50 meters radius. Furthermore, with GYLA’s assistance, the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia granted to O.E. and her minor children the status of asylum seekers.