The Georgian Young Lawyers’ Association discussed the draft initiated by the Legal Committee of the Parliament envisaging amendments to the Criminal Code and Criminal Procedure Code, to Law on Imprisonment and other laws. 

GYLA prepared and submitted to the Legal Committee of the Georgian Parliament the assessment on pending amendments to the Criminal Procedure Code. Within the frames of the informal working group temporarily established at the Legal Committee, GYLA experts participated in discussion of the draft and reached agreement on some issues. As a result the draft has been improved, however, we consider that some problematic issues still persist and should be reviewed.

Draft criminal procedure code of Georgia (As of 18.04.06) 

Draft criminal procedure

Training seminar “Taking cases to the European Court of Human Rights” was delivered within the framework of joint project “Strengthening Human Rights Capacity” carried out by Georgian Young Lawyers Association and European Human Rights Advocacy Centre. 

Seminar was delivered by Bill Bowring and Philip Leach, practising lawyers specialising in human rights. The seminar was dedicated to the discussion of the procedures for applying to the European court of Human Rights and admissibility as well as to the consideration of various fundamental rights guaranteed by the European Convention.

The seminar was interactive; Therefore, it was possible to deliberate over specific examples characteristic to Georgian reality. Aforementioned seminar was oriented on raising public awareness with regard to the application to the European Court of Human Rights. The result is a qualified lawyer able to select potential cases for submitting before the European Court of Human Rights.

On 7th of May 1/8 and 1/4 finals of parliamentary debates were held in GYLA. Students of the Legal Education Promotion Fund who have passed the selection stage of tournament participated in debates.

Debates in quarterfinal were held on the following resolutions:

Quarterfinal groups

Maia Titberidze          (Introduction of law)
Tamar Gongadze

Nino Sarishvili            (International law)
Tamar Daushvili

Khatuna Khelidze     (Criminal law)
Oliko Giorgadze

Eliso Chabrava         (Civil law)
Vanda Jejelava

Archil Nizcharadze    (Introduction of law)
Beso Ghonghadze

Nino Gobrondize       (Constitutional law)
Tamar Chugoshvili

Lana lagvilava           (Criminal law)
Giorgi Chidrashvili

Nino Zubitashvili        (Introduction of law)
Mariam Davitnidze

Debates in quarterfinal were held on the following resolutions:

Semi-final groups:

Nino Sarishvili              (International law)
Tamar Daushvili

Eliso Chabrava            (Civil law)
Vanda Jejelava

Nino Gobrondize        (Constitutional law)
Tamar Chugoshvili

Nino Zubitashvili       (Introduction of law)
Mariam Davitnidze

On May 23- 24,  2006 the 4th International Conference of Information Commissioners was arranged. Tamar Gurchiani, coordinator of GYLA project “Freedom on Information, Law Reform and Financial Transparency” participated in the conference. The meeting of civil society representatives organized by Open Society Justice Initiative was also held.

Civil society representatives worked out "Manchester Declaration", which calls everybody to declare right to freedom of information as a fundamental right. This right should be used in combating corruption. States should cooperate with civil society for implementing freedom of information laws.

The full text of “Manchester Declaration” is available in the attachment. 

Manchester Declaration

By its judgment (July 14.2006) the Constitutional Court did not satisfy GYLA claim in regard to constitutionality of the norms of the “Georgian Customs’ Code” (in relation to articles 24 and 41 of the Constitution). According to the disputed norms documents transferred to customs’ agencies are considered commercial secret.

By the rendered judgment Constitutional Court challenged all the achievements of the Administrative Code. The Court considered, that public agencies might have commercial secret:
“According to article 8 of the Civil Code, any natural or legal person may be a subject of private law relations which are regulated by the Civil Code.”

Today, on June 29 the Georgian Young Lawyers’ Association send a letter to the director general of the public broadcaster requesting live transmission of the hearing of Sandro Girvgvliani’s case.

According to articles 16, paragraph c) of the Georgian law on public broadcaster, public broadcaster should guarantee timely and comprehensive submission of information to the audience on the ongoing events in Georgia.”

By GYLA assistance the Georgian Ministry of Culture, Sport and Historic Monuments’ Protection became obliged to compensate salary (worth to 1,5 year) in favor of maestro Vakhtang Machavariani.

According to the judgment of the Administrative Board of Tbilisi City Court Vakhtang Machavariani’s complaint against the Ministry of Culture, Sport and Historic Monuments’ Protection has been satisfied. The Georgian Young Lawyers’ Association represented the applicant. 

The Georgian Young Lawyers’ Association filed a constitutional complaint. The case concerns article 208 of the Criminal Code.

Lately judges frequently apply to article 208 of the Criminal Procedure Code and sentence citizens to administrative detention for violating of the order in the court. For instance on June 22 the judge Giorgi Chemia sentenced Vakhtang Masurashvili to administrative detention for 20 days. Based on the mentioned article representatives of the Equality Institute were also sentenced to 30 days of administrative detention.

In 2002 United Nations Organization adopted the Optional Protocol of the UN Convention against Torture, Inhuman and Degrading Treatment and Punishment.

The aim of the Optional Protocol is to establish the new system that will enable international and local organizations to visit on regular bases detained and arrested persons in pre-trial detention facilities and penitentiary institutions. Such visits will decrease their torture, inhuman and degrading treatment.