Georgian Young Lawyers’ Association held  a presentation of the research Flaws in the Criminal Justice System and Recommendations on November 12, 2012.

As public is aware, the new Criminal Procedure Code came into force in 2010. In the research GYLA evaluated legislative environment as well as practice developed, which clearly illustrated that the new Criminal Procedure Code has not changed the criminal justice environment. Significant flaws remain both in practice and in legislation, in particular:

• Norms regulating crime detection and investigation fall behind the European human rights standards, harming interests of an individual;

• Problems that prevailed previously, when the old Code was in force, also persist in the practice of conducting investigating actions and application of preventive measures curtailing rights of an individual.

• Jury Trial fails to provide sufficient safeguards for objectivity of jurors; further, verdict falls short of contemporary European standard.

On November 1, 2012, a working group on political prisoners and exiles was set up under the human rights and civil integration committee of the parliament of Georgia. The group was manned by representatives of civil society, including Georgian Young Lawyers Association and Article 42 of the Constitution. 

19th general meeting of members of GYLA will be held on November 24, 2012 at Courtyard Marriott.

On November 15, 2012, Georgian Young Lawyers’ Association and Article 42 of the Constitution held a press conference about activities of the working group on political prisoner and IDPs and the statement of political prisoners.

On November 1, 2012, a working group on political prisoners and IDPs was set up under the human rights and civil integration committee of the parliament of Georgia. The group was manned by representatives of civil society, including Georgian Young Lawyers Association and Article 42 of the Constitution.

At the meeting of the human rights and civil integration committee, it was decided to determine status pursuant to the CoE standards.

During the working process a number of problems hindering effective work of the group were revealed. The group format and timeframes are inadequate for reassessing cases comprehensively. Us, Georgian Young Lawyers’ Association and Article 42 of the Constitution, believe that the group must prepare a substantiated, objective and fair recommendations for every single case, in order to avoid any superficial evaluations, inaccuracies and unfair approaches. This offer did not imply detailed reassessment of all cases and dragging the process for years, but rather it implied assessment of all legal documents necessary for determining the status of an individual concerned. Despite a number of attempts on our end, agreement could not be reached in an effort to change the working format of the group.

November 16 has been celebrated as the International Day for Tolerance throughout the world since the second half of the 20th century.

Article 14 of the Constitution of Georgia prohibits any discrimination. Nevertheless, a number of social groups in Georgia today are forced to existe in inequitable environment, which has a direct impact on lives of individuals concrned. Due to their disabilities, sexual orientation, gender, religious and ethnic identity, these people lack free and full realization of human rights.

International Society for Fair Elections and Democracy, Georgian Young Lawyers’ Association, Transparency International and the Article 42 of the Constitution express extreme concern over frequent acts of pressure on local self-government agencies. Post-election observation has made it clear members and employees of Sakrebulo were subjected to pressure at various occasions and in various forms, including representatives of in Marneuli, Samtredia, Poti municipalities, whereas on November 12-13, pressure on representatives of Tetritskaro and Tsalka municipalities grew into clearly illegal and violent acts.

We believe that local self-government amounts to the right and the opportunity of Georgian citizens to regulate and manage issues of local importance independently, through local self-government agencies and pursuant to applicable law, with their own responsibility and for the good of the local population. Therefore, any interference in the work of local self-governments and pressure on them, hindering or obstructing their normal functioning is alarming.

On November 20, 2012, Georgian Young Lawyers’ Association held a presentation of the research Mechanisms for Early Release and Reprieve of Convicts for Health Problems in Georgia.

Purpose of the research was to offer an overview of the applicable legal base and identify legislative problems that result (or may result in) obstruction of the work of the permanent commussion and court for effective, timely, comprehensive and objective examination of applications of convicts ill with grave and terminal diseases. Further, authors of the research sought to illustrate problems in practice of the commission and court by citing concrete examples and offering an overview of applicable ECHR case law.

The research is based on the analysis of 23 cases litigated by GYLA, Article 42 of the Constitution, the Youth for Justice and independent lawyers. When analyzing the cases from medical point of view, GYLA closely cooperated with the Medical Association of Georgia.

The research revealed a number of flaws and deficiencies in legislation and practice, including

On  January 14, 2012 media released a statement Georgian Pianist Beka Gochiashvili, according to which he was subjected to physiological pressure while questioned as a witness. According to reports, Beka Gochiashvili and his brother Lasha Gochiashvili were questioned as witnesses in relation to an act of robbery on January 8, 2012, in the fifth division of Vake Saburtalo. Further, a sixteen-year old Beka Gochiashvili was questioned in presence of his parent Valerian Gochiashvili. According to Beka Gochiashvili’s statement he and his brother Lasha Gochiashvili were subjected to psychological pressure and threats during questioning.  

On November 15, 2012, Georgian Young Lawyers’ Association and Article 42 of the Constitution held a press conference about activities of the working group on political prisoner and IDPs and the statement of political prisoners. 

On November 1, 2012, a working group on political prisoners and exiles was set up under the human rights and civil integration committee of the parliament of Georgia. The group was manned by representatives of civil society, including Georgian Young Lawyers Association and Article 42 of the Constitution.
At the meeting of the human rights and civil integration committee, it was decided to determine status pursuant to the CoE standards.  

The new political force that came into power in Georgia following the October 1, 2012 parliamentary elections, declared self-government reform in Georgia as one of the key priorities.