Draft amendments to the Law of Georgia on Enforcement Proceedings and the civil Code of Georgia are currently pending before the parliament of Georgia for consideration. The draft has been proposed by MP Gedevan Popkhadze and sponsored by 49 MPs. The draft law envisages suspension till February 1, 2014 of foreclosure of private homes of individuals with defaulted mortgage loans.
Pursuant to the amendments made to the Law on 2013 Rebpublican Budget of Adjara Autonomous Republic, budget income of Adjara A/R was increased with GEL 14722700 (fourteen million seven hundred twenty-two thousand and seven hundred), including GEL 13 554 400 (thirteen million five hundred fifty-four thousand and four hundred) allocated for infrastructure and social projects.
Under the presidential order issued on July 30, 2013, convict Tengiz Gunava was granted a pardon and his criminal record was expunged, which has raised certain questions about lawfulness and fairness of the president’s decision. In view of the high public interest, we would like to address some of the key issues involved in the pardoning of Tengiz Gunava.
Lawfulness of the presidential order to grant a pardon to T.Gunava from formal/legal point of view
Applicable regulation is N277 order of the president of Georgia dated July 19, 2004. Para.2”b”, “e” and “k” of the Order stipulate that pardoning does not apply to a convict if s/he
Today GYLA filed against the presidential administration of Georgia, the Ministry of Internal Affairs and Tbilisi City Hall in Tbilisi City Court over their failure of the authorities to provide access and to provide full access to public information envisaged by the applicable Georgian legislation.
GYLA was requesting access to information about all vehicles bought and received as a gift starting from January 1, 2011, dates they were bought/gifted and amounts paid. GYLA was also requesting access to all legal acts that regulate purchase of vehicles in the foregoing state agencies.
According to official reports, on May 13, 2013, 24-year old prisoner Levan Kortava was brutally beaten in Geguti penitentiary establishment, resulting in his death on May 23. Subsequent investigation has uncovered a number of alarming circumstances.
According to official reports, on May 12, 2013, Levan Kortava was moved from Rustavi N6 Prison to Geguti N14 Prison. During admission to Geguti Prison he got into a verbal argument with Ilia Shanshashvili, inspector of security department, over provision of psychotropic medication. The latter instructed one of the convicts, Shota Sinauridze to clear up the conflict situation with Levan Kortava, followed by a brutal beating of Kortava by prisoners and his subsequent death from the injuries inflicted.
GYLA has found that Batumi City Court intends to examine an election complaint pursuant to a general procedure for disputes litigation, rather than examining it within a short timeframe as prescribed by election laws. It essentially violates the spirit of election laws and is harmful to pre-election environment as well as the interests of justice.
On July 30, 2013, GYLA and ISFED jointly filed a complaint in Batumi City Court, seeking suspension of spending of GEL 14 million in pre-election period until tabulation of October 27, 2013 presidential election results as these funds have been illegally added to the budget of Adjara A/R.
On July 22, 2013, during a briefing held at the office of the chief prosecutor of Georgia about abuse of funds allocated for purchase of tractors in frames of the program in support of small farmers, it was reported that prosecution did not find any evidence of alleged pressure and threats against the defendant, Mamuka Ivaniadze. It was also stated that M.Ivaniadze willingly testified before the prosecutor while his attorney was not present. The office of the prosecutor released a secret video recording as evidence to corroborate the foregoing statement.
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On August 12, 2013, Georgian Young Lawyers’ Association held a meeting with local non-governmental organizations and population in its Gori Office to mark the International Youth Day celebrated under the theme of youth migration. During the meeting project Promoting Well Managed Migration between EU and Georgia was also presented.
A citizen of Nigeria was able to obtain Georgia’s residence permit with the help of GYLA
Beneficiary of legal aid provided by GYLA’s office in Tbilisi, a citizen of the Republic of Nigeria S.A.E. had its claim granted in part by the board of administrative cases of Tbilisi City Court. The latter ordered the Agency for the Development of State Services to revisit the issue of providing a residency permit to the applicant. The decision was also upheld by the appellate court and entered its legal force.
