In GYLA’s view, Merab Chikashvili, Akaki Chikovani and Giorgi Kharabadze in administrative detention at N2 temporary detention isolator of MIA are held in conditions that violate applicable legislation of Georgia and amount to inhumane and derogatory treatment.

Having sentenced to administrative punishment by Tbilisi City Court, Merab Chikashvili, Giorgi Kharabadze and Akaki Chikovani detained during the March 25, 2011 rally were transferred to N2 temporary detention isolator of MIA. After serving the ten-day term of imprisonment, Akaki Chikovani was released on April 4, 2011 at 17:40; Merab Chikashvili and Giorgi Kharabadze remain in detention till April 14, 2011.

During the administrative imprisonment, their opportunity to realize even minimum rights guaranteed by the Georgian legislation for persons in administrative detention is limited.
Rights of persons held in temporary detention isolators in compliance with administrative procedure are defined by Typical Regulations, Routine and Additional Instruction Regulations the Temporary Detention Isolators adopted by N106 order of the Minister of Interior Affairs, dated February 1, 2010.

On April 26, 2011, the ECHR ruled in the case of Enukidze and Girgvliani v Georgia. The ruling contains a number of significant and important messages for the investigative authorities of Georgia. Specifically, the ruling directly lays out how investigation of crimes that has been allegedly committed by state officials, in order to ensure that investigation is in full compliance with provisions of Article 2 (effective investigation) of the Convention. In the case of Enukidze and Girgvliani v Georgia the ECHR found that there had been violation of Article 2 of the European Convention on Human Rights, as the case of kidnapping and death of Sandro Girgvliani manifestly lacked the requisite independence, impartiality, objectivity and thoroughness.

Georgian Young Lawyers’ Association was providing legal assistance to a citizen, Eka Matiashvili who was assaulted by an officer of the Ministry of Interior Affairs, Otar Gvenetadze on January 3, 2011, during the crackdown of veterans’ rally. With GYLA’s assistance Eka Matiashvili filed a claim in Tbilisi City Court for pecuniary damages. The lawsuit was filed against the Ministry of Interior Affairs and personally Otar Gvenetadze. The plaintiff claimed GEL 10 000 for pecuniary damages.

On April 21, at 14:00 in Gori, hotel Victoria, U.S. Ambassador to Georgia John Bass and the Georgian Young Lawyers Association Chairperson Tamar Chugoshvili awarded winners of a competition of paintings and plays.

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.

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.

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.

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.

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.