With the assistance from GYLA’s office in Tbilisi, a person illegally dismissed from a public school was restored to work and compensated for missed salary 

A lawyer from GYLA’s office in Tbilisi was representing interests of M.B., the teacher dismissed from her work at public school on grounds of para.1d, Article 37 and para.3, Article 38 of the Labor Code of Georgia. By January 25, 2013 decision, the Supreme Court found incorrect legal interpretation of the rule of dissolution of labor agreement made by the first instance court and the Appellate Court and the case was remanded to the Appellate Court.   

The 17th of May is the International Day against Homophobia and Transphobia (IDAHO) officially recognized by the European Parliament and number of European countries.  

It is a form of protect against stigmatization and violations of human rights under the sign of sexual orientation and gender identity. Analysis of human rights situation in Georgia reveals that violation of LGBT rights on the ground of sexual orientation is frequent, whereas state’s response on the problem insufficient. Georgian legislation and its implementation practice is discriminative in number of cases in terms of LGTB and deprives them of the opportunity to exercise fundamental rights comprehensively, including the right to family and privacy, protection of health and labor rights. Moreover, investigations carried out on violation of LGTB rights are ineffective. Appropriate application of paragraph 3 1 of Article 53 of Penal Code of Georgia, recognizing as aggregating circumstance committing of offence under the motive of intolerance to sexual orientation and gender identity, is also problematic.  Along with ineffective state policy, current social and cultural structures also lead to isolation and stigmatization of LGBTs, namely they are treated as group of diseased, aliens and rivals. This construction makes LGBT individuals especially vulnerable and sets upon the state positive obligation to carry out complex measures for LGBT integration in public and for promotion of their unrestricted development.  

The round table “Ill-treatment and old and new challenges” was arranged on May 17, 2013 in Courtyard Marriott. The event took place in the framework of GYLA and Public Defender’s joint project “Improvement of Prisoners’ Rights –Joint Advocacy.”

On May 17, the state failed to ensure conduct of the scheduled event for marking the day against homophobia and transphobia, and thus rights of rally participants to assembly and manifestation were grossly violated.  

In view of the number of counterdemonstrators, their uncontrolled conduct and possible risks, selected police strategy was inadequate and ineffective for ensuring security of rally participants.  

There are no accurate statistics about the number of homeless families living in Georgia.

The homeless people have been particularly active in reminding the state of their existence following the October 2012 elections, when they occupied a number of buildings in Tbilisi, staged protest rallies, both illustrating the seriousness of the problem and calling on the state to take measures to provide housing. It is not my intention to discuss effectiveness of their protest; instead, I am going to address the state policy to remedy the problem. 

Amendments were introduced to the Organic Law on Common Courts, which is of a decisive importance in reforming judiciary and for ensuring its independence. 

The rule of manning the High Council of Justice has changed considerably, the procedures became more transparent and democratic. NGO were given chance to nominate candidates, that are not judges, for membership in the High Council of Justice and to submit them to the Parliament.   

Arguably the peaceful transition of power that took place after the conclusion of the October 1, 2012 elections significantly enhanced the development prospects of Georgia. It without a doubt represents an important precondition for the continued advancement of the country. However, it is still not enough. At this stage, the strengthening of democratic institutes and the establishment of active, healthy and rational relations remains of critical importance.  

According to the information released today, the Ministry of Interior of Georgia has charged two clerics participating in the May 17 incident on the Rustaveli Avenue. These persons are accused of unlawful infringement and obstruction of the right to assembly or manifestation with the use of violence (Article 161.1 of the Criminal Code).

GYLA is extremely concerned with the prisoner L.K.’s death and expresses its condolences to the family of the diseased. 

As it became known to the society, on May 12, 2013 the convicted, in critical health conditions, suffering numerous bodily injuries was transferred from Geguti No.14 penitentiary to Z.Tskhakaia National Center of Intervention Medicine of Western Georgia, where he died on May 23. 

By responding again to the developments taken place at the Freedom square and its nearby territories on May 17, 2013 the undersigned organizations want to attract attention of  public on the significance of protecting constitutional equality principle, on the causes of such adverse acts and the negative effects that might follow them.  

Firstly, as already mentioned in initial evaluation of the observer organizations, the measures which had been put in place by the police to ensure safety of participants at the rally on international day against homophobia and transphobia and selected strategy were inadequate. It is evident that the conduct of radical groups went far beyond the scope of “peaceful rally” and turned into illegal and violent conduct, which jeopardized public order and put at risk lives, health and security of individual citizens. Police response to the violence of counterdemonstrators was also ineffective that caused uncontrolled violence of different aggressive groups in Tbilisi Streets and embedded the fear of insecurity in population.