On May 29, 2012, Georgian Young Lawyers’ Association filed in Constitutional Court for deeming certain norms of the Criminal Procedure Code of Georgia as unconstitutional. Specifically, GYLA filed over unconstitutionality of paragraphs 2, 6 and 14 of Article 85 in the Criminal Procedure Code of Georgia that regulate banishing a lawyer from courtroom, prohibiting him/her from participating in the court of the same instance and fining him/her with the amount ranging from GEL 50 to GEL 5 000 for contempt of court.

GYLA believes that the impugned norms conflict with paragraph 1 of Article 42 of the Constitution of Georgia, since banishment or imposition of fine is not proceeded by a warning against actions of a lawyer expressing contempt of court, meaning that a lawyer is not provided with a reasonable time to terminate this action. Before banishment and imposition of fine a lawyer is not provided with an opportunity to express his/her own opinions for dispelling allegations of contempt of court. These standards are for protection against arbitrary actions of court, which is an essential part of the right to a fair trial. In addition, court’s decision to banish or impose a fine on a lawyer may not be appealed in higher court, which further increases the risk of judicial error. The impugned norms allow for arbitrary placement of limitations on the right of a defendant to have his interests defended by a lawyer of his/her choice.

According to the statement of the Ministry of Education and Science of Georgia , director of the National Examinations Center Maia Miminoshvili was dismissed by the Minister on May 28 “for irreconcilable differences between the Ministry and the personal positions of Maia Miminoshvili”. It is also important that according to the Ministry’s statement, “the controversy between the Minister and [Maia] Miminoshvili had been going on for almost ten months”

We believe that these circumstances produce suspicions about political motive of the dismissal due to the following: if ‘irreconcilable differences’ was in fact the genuine reason of the dismissal, why was Ms Miminoshvili dismissed when year 12 exams are ongoing in schools throughout the country and it is the busiest and the most labor-consuming period for the National Examinations Center. Further, national, MA and teacher’s certificate exams are scheduled to be held in the coming months and there is a risk that this will have an adverse impact on interests of all exam takers. The fact is that the period is rather unsuited for changes in staff especially since the conflict had been going on for 10 months before. Further, it turned out that the day before Maia Miminoshvili was dismissed, his son attended the assembly organized by the coalition Georgian Dream on May 27, followed by Maia Miminoshvili’s dismissal on May 28.

These factual circumstances lead us to believe that dismissal of the head of the National Examinations Center has been politically motivated. Further, in her public comments Maia Miminoshvili herself does not rule out that this is the case.

Conclusive meeting of the phase 1 of a joint project of the Public Defender of Georgia and Georgian Young Lawyers’ Association (GYLA) Improving Prisoners’ Rights – Joint Advocacy  hold on May 31, 2012.

The meeting featured discussion of activities carried out under the project auspices as well as presentation of results of the monitoring of penitentiary establishments and pre-trial detention isolators. 

The joint project launched in April 2011 incorporates several key strands, including strengthening the national preventive mechanism. Three representatives of GYLA participated in the monitoring carried out by the national preventive mechanism within the frames of the noted strand of the project. The monitoring specifically focused on ill-treatment and examined the human rights situation at penitentiary establishments and pre-trial detention isolators in eastern Georgia.

Monitoring carried out by the National Preventive Mechanism in summer and autumn illustrated that ill-treatment remains a pressing issue in Georgia. Some of the problematic issues revealed included facts of ill-treatment in a number of establishments within the penitentiary system; ineffectual investigation; no access to detailed statistical information.

Dear Madam Secretary,

First and foremost, we would like to express our gratitude to the United States of America for its continuous support to our country. The upcoming 2012 parliamentary and 2013 presidential elections will play a crucial role in establishing democratic governance in Georgia and securing its stable development. Public access to pluralistic media still remains one of the key issues in our country. The recently published U.S. State Department’s Human Rights Report emphasized that “citizens had limited access to diverse and unfettered media.”

On May 7, 2012 Georgia’s non-governmental and media organizations submitted a package of legislative proposals to the Parliament which, if adopted, will be instrumental for democratic elections in Georgia. The must-carry and must-offer principles introduced in the legislative package deserve a special attention as they ensure public access to the independent television channels.

GYLA extends condolences to the deceased Solomon Kimeridze’s family and offers appropriate legal assistance if desired. With respect to Solomon Kimeridze’s case, GYLA calls for effectual and accountable investigation by the authorities. Specifically,

According to the Interior Ministry’s official statement, Solomon Kimeridze fell from the stair railing in the building of the police department Khashuri district and died while interrogated as a defendant on February 27, 2012. Later open sources reported information that triggered reasonable suspicions about MIA’s official version, including the information released by the office of the Public Defender of Georgia, which revealed that during the interrogation on February 27, 2012, S. Kimeridze had been neither formally charged nor detained. On March 2, 2012, internet-publication tspress.ge released photos that show serious and grave bodily injuries inflicted to S. Kimeridze, including injuries around his eye socket and on his right wrist.

GYLA tried to receive additional information from the deceased’s family about the deprivation of S. Kimeridze’s life but they refused to communicate in any way about the case.

In view of the reports about the case, GYLA believes that substantiated answers must be provided to the following questions: could S. Kimeridze have suffered the injuries as a result of falling from the stairs? What was the cause of death? Further, did the deceased’s body display any signs of physical violence, when were they inflicted and what was their nature? In view of the high public interest in the case, GYLA calls on the investigating authorities to publicize corresponding evidence, including 1. Forensic report of S. Kimeridze’s dead body; 2. Video footage from cameras in the police department Khashuri district; 3. Photo material from the scene.

On May 28, 2012, Maestro TV newscast aired a report about a meeting held by representatives of the Unified National Movement with medical professionals in restaurants Monopoli and Triumph. As revealed by the report, Interior Minister Vano Merabishvili, Tbilisi Mayor Gigi Ugulava, head of Tbilisi City Halls’ Municipal Department Of Social Services and Culture Mamuka Katsarava and heads of various other departments of the local self-governance held closed meetings with over 1500 people.

According to medical professionals that participated in the meetings, they discussed issues pertinent to the city maintenance, problems and reforms planned in the medical field. In interviews with a  journalist doctors also confirm that at the meetings representatives of the UNM hosted a buffet dinner.

According to the report, together with political officials heads of various departments of Tbilisi City Hall also participated in the meetings, whereas venues for the meeting have been included in the City Hall’s plan. Participants invited to attend the meeting state that they were invited to meetings organized by the City Hall as opposed to a political party.

Georgian Young Lawyers’ Association held a presentation of a study on must-carry regulation at Hotel Tbilisi Marriott on June 11, 2012.

The idea that Georgia should follow the suit of a number of other countries and apply the regulation of must-carry has been introduced in the Georgian broadcast market in recent years.

The study aimed at

• Establishing international standards;

• Analyzing legislation and experience of other countries, and

• the demand for must-carry regulation in Georgian broadcast market

International organizations, Chairman of the Georgian Parliament, Georgian MPs, GNCC representatives, local NGOs as well as other stakeholders and experts were invited to attend the presentation.

Georgian Young Lawyers’ Association in cooperation with the Transparency International – Georgia will present results of monitoring of criminal trials in Tbilisi City Court held under the auspices of a USAID-funded project Judicial Independence and Legal Empowerment Project (JILEP) implemented by the East-West Management Institute (EWMI). The presentation held on June 14, 2012.

The project aims at increasing transparency in Georgian courts by means of monitoring trials in courtrooms and publishing consequent reports.

The monitoring implemented by GYLA covers the period from October 2011 to April 2012. The monitoring has revealed that

• During most of the main hearings the principle of adversity was observed; however, there were several instances where judge sharply digressed from his neutral role (questioning of witnesses);

• Judges’ decisions prescribing preventive measures during initial hearings were usually unsubstantiated;

• Judicial decisions illustrated that judges were biased in favor of office of the prosecutor – absolute majority of the prosecution’s motions were granted identically;

Georgian Young Lawyers’ Association (GYLA) and the International Society for Fair Elections and Democracy (ISFED) will monitor the manifestation to be held by the coalition Georgian Dream on June 10, 2012 in Kutaisi.

The monitoring will be carried out within the frames of a long-term pre-election monitoring, which entails monitoring of public meetings organized by political parties as well as realization of freedom of assembly and manifestation.

Monitors will observe all developments in Kutaisi and throughout the regions related to organization of the June 10, 2012 assembly and mobilization and relocation of participants.

GYLA and ISFED remain hopeful that the assembly will be held in a peaceful environment and the authorities will observe legal guarantees for assembly and manifestation.

Georgian Young Lawyers’ Association (GYLA) and the International Society for Fair Elections and Democracy (ISFED) will monitor the manifestation to be held by the coalition Georgian Dream on June 17, 2012 in Ozurgeti.

The monitoring will be carried out within the frames of a long-term pre-election monitoring, which entails monitoring of public meetings organized by political parties as well as realization of freedom of assembly and manifestation.

Monitors will observe all developments in Ozurgeti and throughout the regions related to organization of the June 17, 2012 assembly and mobilization and relocation of participants.

GYLA and ISFED remain hopeful that the assembly will be held in a peaceful environment and the authorities will observe legal guarantees for assembly and manifestation.