Imereti. The Georgian Young Lawyers’ Association (GYLA) was defending four activists of “guardians of the Rioni Valley” detained on May 27, 2021 in the village of Gumati. “The Kutaisi City Court has completed hearings of cases of administrative violation of detainees. The court did not find facts of disobedience to the lawful demand of the police. Respectively, it terminated court proceedings in this part. As for the article of petty hooliganism, the court considered the misconduct as a violation of minor importance, released participants of the rally from liability and gave them just a verbal warning”. Read more… Source:gyla.ge

Tbilisi. Documentation received by Social Justice Center in the form of public information reveals that the company “Enka” has got an extension of the deadline for submission of construction documentation for the Kvemo Namakhvani HPP from the Ministry of Economy for another year. “We consider that this decision of the Ministry is another unjustified concession granted to “Enka”, which proves that statements regarding proper study of the project are false and unfounded. Besides, this process explains the real motive of announcement of a 9-12-month “moratorium” on construction of the dam. The delay in construction of the dam building is, in fact, connected not to the compromise of both the government and the company, but to the fact that the company delayed submission of complete project design related documentation itself and requested an extension of the deadline from the state for the same period of time”. Read more… Source: socialjustice.org.ge

Tbilisi. Based on the appeal of the Public Defender of Georgia, LEPL Agency for Regulation of Medical and Pharmaceutical Activities studied the arbitrary treatment of infants with the so-called "Mowgli method" and established illegal medical activity. The examination found that this method is an intervention that poses a risk to the life and health of children, which, especially at an early age, can lead to severe and irreversible complications. Administrative liability has been imposed on the person using this method. Read more... Source: ombudsman.ge

Tbilisi. The Coalition responds to a competition of judges of the Supreme Court and addresses to the Government to conduct the process of election of judges. The Coalition for an Independent and Transparent Judiciary Calls on the Government to conduct the process of election of judges of the Supreme Court on the basis of a political consensus between the parliamentary majority and the opposition. Otherwise, not take a decision on this issue till the fundamental justice reform is carried out. Read more… Source: socialjustice.org.ge

Samtskhe-Javakheti. The Public Defender is responding to the ruling of the Tbilisi City Court on the lawsuit filed by the Partnership for Human Rights, CSO, relating to the removal of minors from the Ninotsminda orphanage.  The Public Defender considers the immediate enforcement of the court ruling necessary. “The ruling, once again, clearly indicates the real risk and danger that exist in the institution in terms of the protection of children’s rights and requires timely and coordinated action by the state agencies. The Public Defender notes that the situation in the orphanage is not in line with the interests of minors or the relevant standards; the situation is dangerous in terms of the protection of children from violence, their full development, socialization and preparation for an independent life”. Read more… Source: ombudsman.ge

Imereti. Social Justice Center examined main demands of participants of the protest in Shukruti and reasons of their disagreement with the company, on the one hand, while on the other hand, circumstances, preconditioning this extensive social and environmental crisis, which preceded the protest in Chiatura Municipality. “Residents and representatives of the company assessed damage differently - in terms of both methodology and coverage of different types of damage. It is important to direct efforts of state agencies and knowledge of industry accumulated therein towards assessment of damage associated with mineral extraction as in case of specific owners, as well as in conjunction with the natural environment of the municipality as a whole. This intervention should be carried out in the form of elaboration of a common standard for damage assessment, which would position possible negative impact of the mining sector more sustainably, fairly and methodically in the area of regulation". Read more… Source: socialjustice.org.ge

Tbilisi. The Coalition for an Independent and Transparent Judiciary calls on the President of Georgia to take into consideration challenges that the judiciary faces, as well as the special role of the Constitutional Court and act in the spirit of the Constitution of Georgia. “On July 26, the term of office of Tamaz Tsabutashvili, a judge of the Constitutional Court of Georgia, expires. The new member of the court must be appointed by the President of Georgia and, according to legislation, the new member must be assigned within the period from June 26 to July 16. It is important to make sure that the President provides a transparent and inclusive process for selection of a member of the Constitutional Court, so that public has confidence in both the process and the candidate selected as a result of it”. Read more… Source: www.coalition.ge

Tbilisi. Social Justice Center (formerly EMC) responds to a statement of the Ministry of Economy and Sustainable Development of Georgia in regard to conducted studies about economic benefits of the Namakhvani HPP, which was released by the Ministry to confirm the existence of a cost-benefit analysis of the project. “The content of the statement of the Ministry confirms that at the stage of preparation of the project, the cost-benefit analysis of specifically the Namakhvani HPP project was not carried out, which fact is a gross violation of requirements of Georgian legislation. The organization calls on the Government and relevant agencies repeatedly to publicize the conclusion of the Ministry of Finance of Georgia on the Namakhvani HPP project and the cost-benefit analysis of the project immediately". Read more… Source: socialjustice.org.ge

Tbilisi. As the Georgian Young Lawyers’ Association (GYLA) informs, on May 19, in the Parliament of Georgia, there was initiated a bill aimed at enforcing a decision of the Constitutional Court of Georgia regarding the case of “Giorgi Keburia v. Parliament of Georgia” and, following to this, bringing the criminal procedure legislation in compliance with the Constitution of Georgia. “The amendment, proposed through the bill, is not completely in line with the spirit provided by the Constitutional Court and, in general, executes the decision of the court technically. It is important to make sure that the bill, proposed to address existing structural and systemic shortcomings, is made more specific, provides more guarantees for defendants in terms of their rights, and equips law enforcement agencies with real opportunities to obtain “neutral evidences”, including video footages”. Read more… Source: gyla.ge

Tbilisi. Member organizations of the “Coalition for Equality” consider that current developments, related to the Ninotsminda boarding school, are alarming and require immediate, strong response from the state. “So far, none of the agencies of the state has expressed its clear position in regard to continuing cases of alleged violence committed against minors and breach of the rights of the child taking place at the boarding school. Besides, the state has not established a democratic work process that would allow the Public Defender to perform monitoring of the situation related to the rights of the child at the boarding school. Moreover, representatives of the Government fail to make any statement regarding deinstitutionalization of large boarding houses and necessary reforms till now, which are important preconditions for protection of both dignified, as well as proper living environment and rights of children residing in these institutions”. Read more… Source: www.equalitycoalition.ge

Tbilisi. Social Justice Center (formerly EMC) responds to announcement of expression of interests in regard to the Namakhvani HPP project by the Ministry of Justice, according to which the Ministry will have to select an international law firm to evaluate the agreement. “We consider that this decision is one of those initiatives, by which the Government avoids to acknowledge the problem and tries to cover up agreement related existing main problems with illusory and fragmentary initiatives, which fact not only fails to shift the focus to real solution of the issue, but rather leads to prolongation of the conflict”. Read more… Source: socialjustice.org.ge

Tbilisi. Due to high public interest, the office of the Public Defender of Georgia releases a statement in regard to the current situation at the Ninotsminda Children’s Boarding School. “The office of the Ombudsman applied to the General Prosecutor’s Office of Georgia and the Ministry of Internal Affairs of Georgia requesting information about alleged criminal facts that took place at the Boarding School. According to information received, an investigation into four criminal cases on facts of alleged violence against minors has been launched in 2016-2021. There is currently an investigation ongoing into 3 cases of alleged violence (Article 126 of the Criminal Code) and one case of alleged rape (Article 137 of the Criminal Code). So far, the office of the Ombudsman does not have detailed information about facts of alleged violence, people and circumstances involved, as well as measures taken and ongoing. The office of the Public Defender has already applied to responsible agencies to clarify the issue”. Read more… Source: ombudsman.ge

Tbilisi. On June 1, the Human Rights Center submitted a legislative proposal to the Parliament of Georgia. “The legislative proposal is concerning amendments to be made to the Code of Administrative Offenses of Georgia. According to these changes, court reviewing a case of administrative offenses will also assess legality of detention of an accused”, - is stated on the website of the organization on a social network. Read more… Source: The website of the organization on a social network

Imereti. From the very first days, the Public Defender has been monitoring the events developing in the village of Shukruti, Chiatura municipality, where locals demand fair compensation for the property damaged by the ore mining works carried out by the Georgian Manganese Ltd. The affected citizens also demand the involvement of the State in the process. Given the difficult situation, the Public Defender of Georgia calls on the Ministry of Economy and Sustainable Development to engage in the negotiations between the Shukruti population and the company as a mediator in order to to protect the citizens' property rights and allow them to live in a healthy environment. The Public Defender continues to study the case in the context of the right to live in a healthy environment, as well as the alleged pressure exerted on one of the protesters. Read more… Source: ombudsman.ge

Tbilisi. Social Justice Center (formerly EMC) releases a statement in response to the professional day of policeman. “It is pity that regardless passage of more than 30 years since obtaining independence, the state has failed to establish a depoliticized, community-oriented and highly trusted law enforcement system that would provide an important basis for protection of human rights, building a peaceful and inclusive social environment, and supporting democratic processes. Reforms, introduced within the police system at different times, were mostly distinguished with their fragmentary and superficial nature. Institutional changes, made in the system, were often peripheral and illusory, rather than fundamental reforms and formation of a democratic and effective police system. As a result, despite numerous reforms carried out within law enforcement agencies, police is not still an essentially politically neutral institution having high accountability and public confidence”, - is noted in the statement of the organization. Read more… Source: socialjustice.org.ge

Tbilisi. Social Justice Center (formerly EMC) responds to an incident occurred between police and protesters during a rally held by guards of the Rioni valley at the police checkpoint in the village of Gumati, which resulted in detention of 8 participants of the rally. The organization calls on the Government to start a dialogue with organizers of the protest rally in a timely manner and lift unjustified police restrictions that are still in force in the valley. Read more… Source: socialjustice.org.ge

Tbilisi. Non-governmental organizations release a joint statement in regard to the Conference of Judges conducted on May 26. “On May 26, the Conference of Judges elected four judge members of the High Council of Justice for a four-year term, thus completely ignoring the call of international partners and non-governmental organizations, and further strengthening positions of the clan that is predominant in the judicial system”. We, the signatory organizations call on: - the Parliament of Georgia to start working on a fundamental reform of the justice system in a timely manner and ensure an inclusive, political, and public consent-based discussion process for this purpose; - the international community to actively engage in the judicial reform process and take specific actions against all those groups, which hinder the establishment of an independent justice system in Georgia”. Read more… Source: gyla.ge

Tbilisi. The Social Justice Center believes that the conclusion of the Ministry of Justice verifies that by signing the Namakhvani agreement the Government gave upstate interests. As the Social Justice Center informs, the conclusion of the Ministry of Justice highlights problematic nature of those specific issues, which have become the subject of intense criticism of the organization right after publicizing the agreement, and demonstrates extreme imbalance of interests of the state and the private company under the agreement. Taking into consideration the extremely high public interest, the Social Justice Center demands to immediately make public the following: “Version of the agreement, which the Ministry of Justice of Georgia referred to while preparing its conclusion; Conclusion of the Ministry of Finance of Georgia; Cost-benefit analysis of the project; Explanatory statement of the Ordinance of the Government of Georgia of April 23, 2019 (by which the agreement on Namakhvani HPP was approved), together with full materials of administrative proceedings”. Read more… Source: socialjustice.org.ge

Tbilisi. The Institute for Development of Freedom of Information (IDFI) publishes a study: One year of the de facto state of emergency in Georgia and human rights during the pandemic. According to the study, “The Parliament fails to perform an effective control of executive authorities during the pandemic. The curfew does not meet the principle of proportionality. There are questions as to how effective the curfew is in terms of persuading population to stay at home. More than 100 000 fines have been imposed for violation of COVID regulations. About 60 000 of them are unlawful. The amount of fines exceeds GEL 50 million. The process of introduction and enforcement of COVID regulations raises increased risks of violation of fundamental human rights”… Read more… Source:idfi.ge

Tbilisi. The Georgian Young Lawyers’ Association (GYLA) considers that the election of judge members of the High Council of Justice is an internal clan rotation. “Main challenge for the justice system today is clan governance and its alliance with the Government. Observation of this process over the years shows that it is mainly carried out in a non-competitive environment and, as a rule, results in electing leaders of an influential group of judges to the Council, most of whom hold or have held managerial positions for years. Elections are associated with renewal and new perspectives, however, in this case, expectations are groundless”, - is noted in the statement. Read more… Source:gyla.ge

Tbilisi. The Georgian Young Lawyers' Association (GYLA) prepared the Research - „Judicial System Reform in Georgia (2013-2021) “. “The purpose of the document is a systematic analysis of the judicial reform strategy and dynamics developed during the ruling of the Georgian Dream. The research assesses the significant reforms implemented in the Common Court System during 2013-2021, the dynamics of transformations and their impact on existing challenges. The document consists of three parts. The first assesses the general court administration system, the managing collegial bodies as well as the institutions within the court; The second discusses the career of a judge and their disciplinary issues; The third part concentrates on the analysis of the guarantees significant for the individual independence of the judges as well as the management of different courts”, is noted in the statement. Read more… Source: gyla.ge

Tbilisi. The Georgian Young Lawyers’ Association (GYLA) submitted alternative reports to the Parliament, in which the organization appraises individual and general measures taken by the state in order to enforce decisions and rulings made by the European Court of Human Rights against Georgia and, in addition, calls on the state to take specific steps. Alternative reports submitted by GYLA in 2021 touch upon cases of Tsintsabadze and Identoba Group. Read more… Source: gyla.ge