Newsletter #2 by საქართველოს ახალგაზრდა იურისტთა ასოციაცია/Georgian Young Lawyers' Association

Georgian Young Lawyers’ Association GYLA is 20 Years Old

June, 2015 Newsletter #2

“When the court terminated my status as an IDP, in March 2014, I had no income at all. I decided to go to GYLA for help. I consulted with your lawyer and she immediately expressed her willingness to assist me. After one year, the court examined my application, prepared by my lawyer, and changed the earlier decision, as a result, I was re-granted the IDP status. The court has ordered the Ministry of IDPs to reimburse my lost income for the whole year during which the status was terminated. I suffered for a year. I did not even want to continue the case, as I had given up all the hope. My lawyer convinced me to complete the case. She did her best to win the case, and as a result, the court decided in my favor. I would like to express great love to you and to thank you for treating me so kindly. I think everyone in GYLA is equally good.”

Events

GYLA presented its seventh trial monitoring report

i “ report: three years of monitoring the High Summary ” Council of Justice

GYLA presented its seventh report on monitoring criminal cases in the City and Appellate Courts of Batumi, Kutaisi, and Tbilisi. The project aims at increasing the transparency of criminal proceedings in Georgian courts by monitoring court hearings and publishing monitoring reports. It further aims at documenting progressive developments as well as gaps and challenges in the criminal justice system. The project started in 2012, with the support of the USAID and the East-West Management Institute.

GYLA and Transparency International Georgia presented their report summarizing the activities of the High Council of Justice during the years of 2012-2014. The report examines transparency and reasoning of the decisions adopted by the Council on the appointment of judges, the transfer of judges to other courts, disciplinary proceedings against judges, and other signiﬁcant issues of judicial administration. Relevant recommendations are included in the report.

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American Days

Tournament of parliamentary debates

GYLA’s Foundation for the Support of Legal Education held the ﬁnal meeting for the tournament of parliamentary debates and revealed the winning team. The tournament took place throughout Georgia (Tbilisi, Kutaisi, Zugdidi, and Batumi). Students of the Foundation and members of debate clubs from the regions participated in the debates.

On 2 June, the Embassy of the United States of America launched American Days across Georgia. GYLA joined American Days in Tbilisi, and in the regions. At their informational exhibition, GYLA presented several years of its work and a number of projects implementation of which became possible with the support of the USAID.

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Schools for civic education operate under the Foundation for the Support of Legal Education. At these schools, students from 9-12 grades learn practical legal issues. The school year of 2014-2015 has been completed in the civic schools. A competition “brain-ring” was held in Tbilisi and in the regions in June, and the successful students were awarded certiﬁcates.

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School of the GYLA’s Foundation for the Support of Legal Education was completed

Statements

GYLA: The Prime Minister’s statement and the subsequent actions of the Prosecutor’s Ofﬁce in Giorgi Okropiridze’s case violate the presumption of innocence and set a dangerous precedent The Prosecutor’s Ofﬁce brought charges for “false reporting” against Giorgi Okropiridze, a prisoner who was leaving the penitentiary in a few days. The charges were based on information submitted by Okropiridze to the National Preventive Mechanism regarding his ill-treatment at the penitentiary facility. Okropiridze was detained as a preventive measure just a few hours after the statement of the Prime Minister on Okropiridze’s report, but before the court had ruled on the charges.

GYLA: State response to ill-treatment remains inadequate and ineffective

On 26 June, the International Day for the Support of the Victims of Torture, GYLA once again called on the government to ensure prompt, independent, and comprehensive investigations on reported incidences of torture and ill-treatment. In 2015, some positive steps were taken to combat torture, but the State’s response to the facts of torture and ill-treatment is still inadequate and ineffective.

Successful cases On 23 June 2015, a hearing in the Tbilisi City Court was held in the case of IDFI’s director, Giorgi Kldiashvili. Kldiashvili’s interest before the court was represented by GYLA. The court decided the Ministry of Internal Affairs and the Prosecutor’s Ofﬁce must pay pecuniary and non-pecuniary damages to Kldiashvili. Earlier, GYLA’s Tbilisi Ofﬁce also defended Kldiashvili in a criminal case under Article 236(2) of the Criminal Code of Georgia. The Tbilisi City Court ruled that his arrest was unlawful, and the charges against him was terminated. See the statement of NGOs with respect to Giorgi Kldiashvili’s case.

Giorgi Kldiashvili’s case was successfully concluded

On 16 June 2015, the administrative proceedings on the complaint submitted by the newspaper, Batumelebi, to the Georgian National Communications Commission, against the Georgia Patriarchy Television, Ertsulovneba Limited, were terminated. Batumelebi was represented by GYLA’s Center for Legal Protection of Media. Batumelebi argued that the report, “The Truth about the St. Matata Gymnasia boarding school,” aired by Ertsulovneba, referred to the article published by Batumelebi, which discussed the discord between the pupils and teachers of the Gymnasia. The broadcast negatively referred to the activities of Batumelebi. In response, Batumelebi lodged a claim against the broadcaster. However, the claim was not examined within the framework of self-regulation. After GYLA submitted an appeal, the Commission found a violation of the Code of Conduct for Broadcasters, and fully upheld Batumelebi’s complaint.

As a result of GYLA’s assistance a person was acquitted straight from the courtroom

Georgian National Communications Commission upheld the complaint of the Newspaper Batumelebi

Batumelebi was represented by GYLA’s Center for Legal Protection of Media. Batumelebi argued that the report, “The Truth about the St. Matata Gymnasia boarding school,” aired by Ertsulovneba, referred to the article published by Batumelebi, which discussed the discord between the pupils and teachers of the Gymnasia. The broadcast negatively referred to the activities of Batumelebi. In response, Batumelebi lodged a claim against the broadcaster. However, the claim was not examined within the framework of self-regulation. After GYLA submitted an appeal, the Commission found a violation of the Code of Conduct for Broadcasters, and fully upheld Batumelebi’s complaint.

Activities

Forum on the policy on human rights violations that occurred in the past The Coalition for an Independent and Transparent Judiciary held its 12th forum. The key recommendation voiced during the forum was that victims of human rights violations are entitled to get redress, however the process should be carried out without any impression of selective justice towards perpetrators or the victims.

Monitoring of the EU Association Agreement

On 16 June 2015, the initial findings and policy brief regarding the fulfillment of the obligations undertaken under the EU Association Agreement were presented by Georgian NGOs. GYLA’s chairperson talked about the progress and challenges in the field of justice sector and presented a policy brief on prosecution reform. The monitoring of the fulfillment of the Agreement is carried out by six NGOs, with the support of the Open Society Georgia Foundation.

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Coalition for an Independent and Transparent Judiciary introduced concerns regarding prosecution reform at Venice Commission sessions On 19 and 20 June, representatives of GYLA, International Transparency – Georgia, and the Human Rights Education and Monitoring Center (EMC) participated in the Venice Commission sessions where the amendment to the Law on Prosecution were discussed. The bill was initiated by the Georgian Government. The organizations represented the concerns of more than 30 NGOs within the Coalition for an Independent and Transparent Judiciary regarding the proposed amendments.

Address by Local NGOs - Members of the Working Group for Women’s Political Involvement A legislative proposal was submitted to the Parliament asking for a 50 percent quota of women in the proportional lists submitted by political parties at parliamentary and local self-governance elections. The amendments ask for at least a 25 percent quota of women. According to the declaration of NGOs, State authorities are under an obligation to take into consideration the existing disproportionality, and its international obligations. This would facilitate ending violence against women, and in 2015 – declared the Year of Women – with the joint effort, this will become a historic turning point for guaranteeing gender equality in the country. Read more...

Address by NGOs to the Members of the Parliament on the Bill on Security Service

NGOs welcome the initiative for separation of the police and security services. However, the separation should be meaningful and functional, rather than institutional only. The proposed bill fails to create such a guarantee. It constitutes formal separation only and creates additional threats against human rights and principles of legal governance. In this respect, the organizations signing the declaration called upon the legislators not to support the existing version of the bill, and continue the discussion regarding the bill.

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A Press-conference on early marriages

GYLA’s chairperson participated in a press-conference put on by members of the Women’s Movement concerning early marriages. Society at large, as well as State authorities, fail to properly understand and acknowledge the importance of this problem. In addition, there is no uniﬁed and coordinated approach between relevant State bodies to solve the problem. The protection of women’s rights is one of GYLA’s priorities. GYLA will continue working on the problem of early marriages.

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