GYLA Newsletter#1 by საქართველოს ახალგაზრდა იურისტთა ასოციაცია/Georgian Young Lawyers' Association

Georgian Young Lawyers’ Association GYLA is 20 Years Old

Events

May, 2015 Newsletter #1

Georgian Young Lawyers’ Association was established in 1994. For the last twenty years GYLA has been devoted to facilitate development of democratic processes in Georgia. Our work involves 4 strategic directions: Protection of human rights; Raising legal awareness among the public; Promotion of an effective, accountable and transparent governance; Promotion of legal education. According to the CRRC survey, 67 % of the population knows about our mandate and activities. Only the 4% of the population has never heard about GYLA. Read more

GYLA organized a conference “Russia’s responsibility during the August War and today: GYLA’s litigation before the European Court of Human Rights.

GYLA’s Foundation for the support of legal education held a closing ceremony of the project “Promotion of Civil and Legal Education”

As of today, effectiveness, independence and objectiveness of national investigations ongoing in Georgia as well as Russian Federation regarding violations committed during the August war 2008 remain questionable. More than seven years have elapsed since these investigations have started; however law enforcement officials of none of the parties to the conflict have identified perpetrators of war crimes or estimated the amount of damage to property resulting from hostilities; information about the investigative measures undertaken remains unavailable to the public.

The pilot project was implemented in Tbilisi and Kutaisi. In total, 82 civic education teachers of 80 schools were trained in the framework of the project. The project aimed at raising public awareness about civil and legal education, development of professional skills among civic education teachers and providing legal education through intensive training course.

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Debate competition held in Georgia GYLA’s Foundation for the support of legal education held a competition of parliamentary debate in 4 cities of Georgia (Tbilisi, Kutaisi, Zugdidi and Batumi). The students of the Foundation as well as the members of the debate clubs from the regions on Georgia participated in the competition. In Tbilisi 8 out of 29 teams reached the finals, while one winning team was selected per each region. The winning teams participated in the national debate competition held on June 7, 2015.

GYLA joined the World Campaign GYLA joined the world campaign “Wings for life”. The Wings for Life World Run is a global running event in aid of the fight to find a cure for spinal cord injury. #Worldrun

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Statements

On International Labor Day GYLA called upon the Government of Georgia to create an effective labor inspection As of today protection of labor rights still remains one of the key challenges for the State. During 2014-2015, similar to previous years, a number of individuals addressed GYLA regarding violation of their labor rights. Majority of the complaints concerned dismissal from work, overtime labor, problems with the reimbursement of the work performed, compensation and undeceived salaries. Discrimination, including on the basis of gender, during both - pre-contractual as well as the contractual period - still remains one of the main problems.

GYLA talks about the facts of planting drugs and weapons In Tbilisi as well as in other regions of Georgia, citizens periodically address GYLA alleging being victims of law enforcement officials “planting” drugs or weapons on them. “Although these facts do not represent a wide-scale problem (approximately ten cases), if each and every case is not addressed promptly and in a right way, there is a great risk to get a bigger problem, with much bigger scale. Thus it is crucial that prompt and effective investigations are carried out into such allegations. What we see, however, it that law enforcement officials do not always address such cases in line with the law” - said the Chairwoman of GYLA. Citizens were addressing GYLA with similar problems in previous years as well. In March 2015 GYLA held a press conference regarding the facts which took place in 2014. Video Gallery

Legal opinions

GYLA’s opinion on the reform process of the Ministry of Internal Affairs Instead of fragmented amendments, as proposed, it is crucial to develop a thorough reform concept of the Ministry of Internal Affairs Reform which will be based on a shared views among the state and the civil society about the needs and challenges facing the system. It is important to ensure that during the reform process there is a dialogue among the state and the civil society and the former is given an adequate time and possibility to be involved at all stages of the reform process.

Monitoring

GYLA observed the majoritarian by-elections of local self-government – Sakrebulo of 15 June 2014 GYLA observed the voting process in the district #64 - Senaki and the district #67 - Zugdidi. The process was mainly conducted in a peaceful environment, however some procedural violations were observed. Read more... Video Gallery

GYLA is preparing a report and documentary movie in the framework of project “Raising Public Awareness and the Monitoring of State activities on fight against femicide in Georgia”. The Dutch Embassy in Tbilisi is funding the project. The filming of a documentary started in May. The project aims to raise public awareness, analyze the complexity of the problem and promote elimination of causes and consequences of femicide in Georgia. GYLA’s statement of 17 October, 2014 regarding the problem related to femicide. Read more...

On 16 May 2015 the archeological site of Sakdrisi-Kachaghiani was examined in Kazreti, Bolnisi district on the basis of Tbilisi City Court’s decision. The judge, parties of the process, witnesses and invited specialists visited the archeological site. The Court on its own initiative considered it necessary to examine on spot the archeological site of Sakdrisi-Kachaghiani after taking into account the statements of witnesses and the evidence presented by GYLA. GYLA represents the interests of plaintiffs in the case. Presentation of our second report concerning the archeological site of Sakdrisi-Kachaghiani will be held soon. Photo Gallery Video Gallery

GYLA defends the interests of plaintiffs in case regarding the archeological site of Sakdrisi-Kachaghiani

GYLA’s first report “Sakdrisi-Kachaghiani – from the cultural heritage to the contemporary gold mining” regarding the issues related to Sakdrisi-Kachaghiani.

Advocacy As of now, civil society representatives are deprived of the possibility to independently receive comprehensive information and evaluate - whether the rights of prisoners are protected. According to EU-Georgia Association Agreement and its Action Plan, strengthening of public monitoring in prisons is the obligation of the Government of Georgia. NGOs and international organizations express readiness to help the State in creating such an independent and effective mechanism for monitoring penitentiary establishments.

Non-governmental organizations advocate for the creation of a public monitoring mechanism of penitentiary establishments.

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Strategic Litigation GYLA considers that Article 2 of the Government Resolution “Pending Measures for Transition to the Universal Insurance Program” is discriminatory. According to it, individuals who were involved in a private insurance plan as of 1 July 2013 are only entitled to receive a minimal insurance package of the universal insurance plan and thus - are deprived of the right to receive all the services envisaged by the latter. Read more... Video Gallery

Litigation before the Constitutional Court is one of the strategic directions of GYLA’s activities. In May GYLA filed yet another complaint before the court.

Successful cases On 25 May 2015 the Supreme Court released L.M.straight from the courtroom. L.M. was charged with false notification of terrorism (a crime under Article 331 (2) (c) of Criminal Code of Georgia) and sentenced to 3 years of imprisonment by an appellate court, straight from the courtroom. Read more...

Supreme Court of Georgia releases a defendant, beneficiary of GYLA’s free legal aid, straight from the courtroom

Ozurgeti district Court acquitted a person charged with extortion committed by a group of persons (a crime under Article 181 (2) of the Criminal Code of Georgia). A lawyer from GYLA’s Ozurgeti branch represented his interests before the Court. Read more...

With the assistance of GYLA’s Ozurgeti branch, one more person was released from the courtroom

Activities

Non-governmental Organizations evaluated the two years of governance of “Georgian Dream” On 28 May 2015, fifteen NGOs presented their report evaluating the two years’ of activities of the “Georgian Dream” after coming into power. The report covers more than 20 areas of public policy. GYLA has contributed to the report on the following topics: law enforcement system, judicial system, cultural heritage and rights of the IDPs.

Rally of solidarity held on 17 May – IDAHO Day On 17 May, the International Day against Homophobia and Transphobia, GYLA with other NGOs joined the rally of solidarity held in “Mrgvali Baghi” (Round Garden) in Tbilisi. “In a democratic society, majority should not have the right to silence the minority and the freedom of expression of all groups should be protected” – said Giorgi Gotsiridze, GYLA’s strategic litigation lawyer.

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Initial comments and opinions regarding the draft package on judicial reforms

Address to the Parliament of Georgia on the electoral system reform

Coalition for independent and transparent judiciary presented its opinion on a package of legislative changes to the Organic Law of Georgia on Common Courts, Law of Georgia on the High School of Justice and Law of Georgia on Disciplinary Liability and Disciplinary Proceedings of the Judges of Common Courts of Georgia.

On 30 May 2015 at the conference held by the initiative of the President of Georgia representatives of 8 NGOs and 14 political parties signed a document outlining their common vision on the electoral system reform. The document advocates for changing the majoritarian electoral system by the proportional electoral system.

Monitoring of EU-Georgia Association Agrement

In Riga, Latvia, Georgian NGOs presented their initial findings of the monitoring project focusing on implementation of commitments by the government of Georgia in the framework of the EU-Georgia Association Agreement. The NGOs also presented 6 policy briefs prepared in the framework of the project. GYLA’s chairwoman spoke about the achievements and challenges in the field of judiciary and presented a policy brief regarding the reform of the Prosecutor’s Office. The policy briefs were also be presented in Tbilisi on 16 June.The project is implemented by 6 Georgian NGOs with the support of the “Open Society Georgia Foundation”.