On November 29, 2011, attorney of convicted Kakha Baratashvili, Kakha Mumladze applied to Georgian Young Lawyers’ Association. According to the attorney, the convict was subjected to threats and physical assault in the penitentiary facility.

We found out that due to deterioration of health, convicted Kakha Baratashvili was transferred to the treatment facility for convicts and prisoners N18. He clarifies that due to unbearable pain he requested doctor’s appointment a number of times for consultation but administration of the penitentiary facility responded with physical assault. Furthermore, the convict was ordered to take off his clothes, and they poured cold water on his naked body. Threats of sexual violence were also made.

According to Kakha Baratashvili, employees of the treatment facility forced him to write an application stating that he had inflicted the injuries himself when he was in unbearable pain. Representatives of the administration also threatened him that if he publicized the noted fact, an illegal item could have been found on him, which would have served as grounds for extending his term of imprisonment. 
 

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.

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.

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 Rike

Furthermore, 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;

On June 10, 2011, at 12:00 pm at Tbilisi Marriot Hotel, Georgian Young Lawyers’ Association held a presentation of a legal analysis Criminal and Administrative Cases with Allegedly Political Motive.

The research funded by the Dutch Embassy in Georgia mostly focuses on legal analysis of cases of individuals detained/imprisoned during and following the spring 2009 protest assembles. We felt the need to carry out the analysis after the issue of political prisoners in Georgia became actively discussed among public and international circles. In the process of selecting cases, we took particular public interest in a given case into consideration, as well as alleged political motive of criminal proceedings or administrative liability.

Analysis of the cases examined in the research revealed systemic deficiencies in administration of criminal justice against individuals that can be considered as opponents of the authorities due to their own political work and public activities of their own or of their closest circle. It is promoted by both legislative deficiencies and wrongful interpretation and malpractice of procedure law.

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.

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.

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.

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.

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;