Tbilisi. On 1 April 2019, Public Defender Nino Lomjaria met with representatives of the Venice Commission visiting Georgia and introduced her opinions about the rule of selection of the Supreme Court judges. The Public Defender drew attention to several issues, which, according to her, are necessary preconditions for ensuring transparency and fairness of the decision-making process. Ombudsman spoke about the selection criteria, secrecy of voting, conflict of interest and the necessary number of votes for making a decision. She also underlined the role of the Parliament in the process of election of judges and the importance of transparency of the process. Read more… Source: www.ombudsman.ge

Tbilisi. Transparency International Georgia publishes a blogpost: Exemptions of acquisition of agricultural lands by foreign nationals will be provided by law. See the recommendation and assessment… Source: www.transparency.ge

Tbilisi. Georgian Young Lawyers` Association (GYLA) responds to another case of detention on distributing the video footage depicting personal life. It is noteworthy that about 2 months ago, the Ministry of Internal Affairs of Georgia (MIA) detained 16 persons, who had kept or massively disseminated the secret personal life video recordings. '''GYLA believes that the actions taken by the law enforcers create illusions that the fight against disseminating the secret personal life footage is real, insofar, actual measures, to punish the fountain-head, are not supposedly taken. Criminal prosecutions begins fragmentally against those people who put the materials on the internet, when the principal importance is to identify and prosecute persons accused of ordering and disseminating the materials depicting personal life'', is noted in the statement. Read more… Source: gyla.ge

Tbilisi. The Human Rights Center represents legal interests of Ekaterine Kvlividze, a former employee of the Ministry of Defense of Georgia, in the Tbilisi City Court. ''The Ministry of Defense blames the former employee for termination of terms of the contract, while the Ministry itself has not fulfilled its contractual obligations, in particular – it has to pay a salary supplement for 3 years. The Human Rights Center calls on the Ministry of Defense of Georgia to respond to facts of alleged violation of the rights of Ekaterine Kvlividze'', - is noted in the statement of the organization. Read more… Source:The website of the organization in a social network

Today, on March 26, 2019, the European Court of Human Rights rendered the decision, based on which Russian Federation will have to pay compensation to citizens who were collectively expulsed from Russian Federation in 2006, including 8 persons represented by GYLA. The mentioned persons have lodged complaints to the European Court against Russia in 2007. GYLA represents 8 persons affected by the expulsion in the case Chokheli and others against Russia. Read more... Source: gyla.ge

Tbilisi. Human Rights Education and Monitoring Center (EMC) and Green Alternative, on behalf of local population, submitted a lawsuit to the Tbilisi City Court in regard to the Nenskra HPP project. Read more… Source:emc.org

Tbilisi. GYLA addresses the Parliament with a legislative proposal and demands to make an amendment to the Civil Code of Georgia. ''In the course of analysis of the current legislation and judicial practice, it was revealed that in the case of using an administrative arrest for an administrative offense, if the proceedings on an administrative offense is terminated and the person is not recognized as an offender, the damages shall be compensated only when the illegitimacy of the action of law enforcement officers is established. Therefore, GYLA calls for the Parliament of Georgia to make an amendment to the part 3 of the article 1005 of the Civil Code of Georgia and to determine that administrative arrest shall be the ground for compensation for damages to the rehabilitated person, irrespective of the fault of official'', is noted in the statement. Read more… Source: gyla.ge

Tbilisi. ''Human Rights Education and Monitoring Center'' (EMC) responds to the statement of the Minister of Internal Affairs in regard to the case of Zviad Ratiani. ''On March 22, while talking about the case of Zviad Ratiani in the air of the TV Company ''Pirveli'', the Minister of Internal Affairs noted that he did not regret what happened then. Statements, made by the Minister when commenting on this issue, practically excluded even the resource of acknowledgement of the fact of violation of the right against Zviad Ratiani and did not indicate the importance of ongoing investigation of this case'', - is noted in the statement. Read more... Source:The website of the organization

Tbilisi. On 22 March 2019, Public Defender of Georgia presented a national study on reproductive and sexual health and rights, which was prepared with the support of the United Nations Population Fund (UNFPA). At the opening of the event, the Public Defender noted that despite the progressive steps taken by the state, there remain systemic problems in terms of quality and accessibility of services, which lead to unaffordability of services, social barriers and lack of information. All of this has particular impact on the rights situation of ethnic minorities, persons with disabilities, women and girls in rural areas; there is no systemic approach to post-delivery services; children do not have complex education or full information about their body or reproductive health, which increases the risk of hazardous behavior. The study was carried out within the framework of the UN Joint Programme for Gender Equality, which is financially supported by the Swedish Government. Read more…  Source: The web-page of organization

Tbilisi. Lawyers of Article 42 of the Constitution have successfully completed one more case in the Court of Appeals and helped a citizen to reinstate the right to property. Read more… Source:article42.ge

Tbilisi. The Public Defender considers that the bill drafted by the office of the Chairperson of the Parliament of Georgia, discussion of which started last week, cannot fully respond to the challenges in the current critical situation in the country. "When developing a legislative framework for this important judicial issue, it is important that the local context and actual challenges be taken into consideration. The Public Defender will necessarily send her detailed opinions to the Venice Commission and they will hopefully be considered”, - The Public Defender mentions, - "We are also addressing the OSCE Institute for Democratic Institutions and Human Rights (ODHIR) to make an additional legal assessment of the draft law. The Public Defender of Georgia, as a national human rights institution, is authorized to address the OSCE Institute for Democratic Institutions and Human Rights, which is authorized to submit opinions and comments concerning the draft law in order to assess its compliance with international human rights standards and the obligations undertaken by the state before the OSCE. The court-related issues fall under the OSCE mandate. The organization has prepared a number of opinions in this direction in the past. We hope that it will be possible to prepare and submit opinions about the above-mentioed draft law in an accelerated manner”. Read more…  Source: The webpage of organization

Tbilisi. The Georgian Young Lawyers’ Association has submitted its viewpoints in regard to the ''Code on the Rights of the Child'', initiated by members of the Parliament of Georgia, to the legislative body. ''GYLA welcomes creation of a general legal basis that aims at ensuring legal standards, guaranteed by the ''Convention on the Rights of the Child'''', however, it notes that ''the proposed draft law does not fully respond to those legislative problems, which have been determined by the European Court of Human Rights. That is why there is a need for additional broader discussions and detailed regulation of issues in regard to this subject''. Read more… Source:The website of the organization

Tbilisi. "Transparency International Georgia” (TI) responds to recently spread information regarding a cyber-attack against "TBC Bank” and alleged connection of the ruling party with mentioned attack. "Taking into consideration previous experience, as inactivity of investigative bodies in regard to politically sensitive cases brought question marks, we call on the Parliament of Georgia to establish a temporary investigative commission, which would carry out a detailed study of the case of "TBC Bank” at public sittings, including the issue of possible cyber-attack on the bank. It is also important to urge the Parliament to conduct effective monitoring over advancement of investigation”, - is noted in the statement released by TI. Read more… Source:The website of the organization

Tbilisi. GYLA will submit viewpoints regarding a draft Organic Law on "Agricultural Land Ownership” and amendments to relevant legislative acts to the Parliament of Georgia. GYLA considers it important to focus on the following issues contained in a draft Organic Law on "Agricultural Land Ownership” and a draft Law on "Sustainable Management of Target and Agricultural Lands”: a) inheritance of agricultural land by a foreigner and set limits; b) prohibition of use of agricultural land as a security tool; c) change of a partner legal entity of private law, registered in Georgia; d) the right to preferential purchase of agricultural land by the State; e) investment plan. Read more…https://gyla.ge/ge/post/saia-sasoflo-sameurneo-danishnulebis-mitsis-sakutrebis-shesakheb-saqartvelos-parlaments-mosazrebebs-tsarudgens#sthash.3Fqx24IZ.dpbs Source:The website of the organization

Tbilisi. The Georgian Young Lawyers’ Association and Human Rights Education and Monitoring Center consider concerning the case of death of a worker while on duty on the construction on March 14, 2019, at the fourth Nutsubidze plateau in Tbilisi and express condolences to the family of the deceased. "The state is still unable to create such a labor policy, which would facilitate private employers to ensure dignified labor conditions that will not endanger lives and health of those employed”, - is stated on the website of the organization. Read more… Source:gyla.ge

Tbilisi. The Georgian Young Lawyers’ Association continues studying the issue of conducting an inspection at the Zugdidi public school # 6 in 2018 and concludes that the mechanism of inspection at schools was supposedly used for influencing on an election environment. Read more… Source:The website of the organization

Adjara. The Georgian Young Lawyers’ Association, on behalf of Irakli Jugeli, addressed the Constitutional Court today and demanded to recognize 2 norms of the Code of Administrative Offenses as unconstitutional. GYLA complains against the ground for detention stipulated by the first paragraph of Article 244 of the Code of Administrative Offenses, which allows a representative of law enforcement agency to arrest a person for identification purposes. Besides, GYLA considers unconstitutional different deadlines of detention as set out in Article 247 of the Code of Administrative Offenses. According to the second paragraph of the mentioned article, a person, whose detention period coincides with non-working time, may be arrested and placed in a temporary detention isolator for 48 hours, while in case of detention during working time, detention period may last 12 hours. Read more… Source:The website of the organization

Tbilisi. "Human Rights Education and Monitoring Center” (EMC) and the "Institute for Development of Freedom of Information” (IDFI) present a new study – "Evaluation of results of the judicial reform”. The study describes and evaluates two novelties introduced in the judicial system as a result of the "Third Wave” reform: a program of electronic distribution of cases and a process of disciplinary proceedings against judges in the circumstances of enactment of an institute of independent inspector. Read more… Source:emc.org.ge

Tbilisi. Zugdidi Regional Court made a decision to reinstate Manana Sagliani, dismissed from ''Center of Art and Culture of Mestia Municipality'', to her former job. The court abolished a resolution of Director of the center of art and culture of Mestia Municipality regarding dismissal of Manana Sagliani from her job, ordered the defendant to reinstate the plaintiff in the same position in and imposed to compensate forced loss. Interests of Manana Sagliani at court were represented by ''Human Rights Education and Monitoring Center'' (EMC). Read more... Source:The website of the organization

Tbilisi. According to information of the Georgian Young Lawyers’ Association, Tamaz Akhobadze has engaged in the extreme form of protest and started a hunger-strike. ''Tamaz was forced to choose this form of protest by inactivity of state agencies, which reflected in non-execution of an officially enforced court decision'', - is noted in the statement released by the organization, - ''GYLA once again calls on the Center for Crime Prevention to execute the court decision immediately, reinstate Tamaz Akhobadze to his former position and reimburse him for the salary loss''. Read more… Source:The website of the organization

Tbilisi. The Coalition for an Independent and Transparent Judiciary has left the Parliamentary Speaker’s working group for designing Supreme Court Justice selection procedures and criteria because the format did not serve as a means for discussing genuine legislative changes, which are to ensure a merit-based approach to the selection process and its transparent and impartial conduct. ''Unfortunately, the position expressed by the Parliamentary Speaker makes it clear that he objects to the above key issues, which are central to ensuring genuine legislative changes and staffing the highest court of the land via an objective and open process. The Parliamentary Speaker has a principled position regarding voting, and the formula he offers gives the dominant clan in the judiciary a full possibility to determine the nomination of specific candidates in the name of the HCOJ all by itself. This position again illustrates the Parliamentary Speaker’s and the ruling party’s unconditional support for the clan'', is noted in the statement. Read more… Source: osgf.ge

Tbilisi. On the Day 4 of the Winter School of Justice of 2019, the participants were provided an opportunity to discuss and debate the recent case-law of the Constitutional Court of Georgia, as well as other problematic issues of the constitutional review together with the Judge of the Constitutional Court of Georgia, Teimuraz Tugushi. ''The Deputy Head of the Legal Research and Provision Department of the Constitutional Court, Levan Maisuradze provided workshop on constitutional referral institution and participants worked on improvement of their skills while drafting a referral on a hypotetical case. In the second half of the day, Keti Abashidze gave lectures on introduction to the EU Law and talked specifically about non-discrimination law. Issues related to the different aspects of non-discrimination principle and its regulation under various jurisdictions is one of the central topics of the Winter School'', is noted in the statement. Read more… Source: The page in the social network