On June 13, Members of the Parliament of Georgia initiated a draft envisaging significant revision of the Law of Georgia on Assembly and Manifestation. It should be noted that the submitted draft contains unclear provisions as well as contains potential risks of human rights’ violation. Firstly, we should emphasize the conflict between the draft and the Constitutional Court decision of April 18, 2011 that invalidated certain provisions of the Law of Georgia on “Assembly and Manifestation” including the provision with blanket rule imposing limitation on organization of assemblies to the individuals who have no Georgian citizenship and the statement which deprived one person of the right to be the initiator of the Assembly and Manifestation. The Article of the draft imposing 20 meters radius principle with regard to certain buildings partially contradicts with the Constitutional Court decision. We consider that the suggested formulation in a blanket restriction and in the process of regulating assemblies and manifestations the attention should be paid on restrictions to block the entrances rather than on formal radius. Introducing back partially or completely the norms that were considered by the Constitutional Court unconstitutional shall be considered as absolute ignorance of the significance of Constitutional justice, that is unforgivable.
2011-06-17 13:40 See moreJune 14Th is the day for protecting disabled persons. This group also includes mentally disabled persons, who jointly with individuals who have mental disorder are considered to be the most vulnerable among the disabled persons, since legislation deprives them of legal capacity completely. Full legal incapacity entails prohibition to make decision of legal importance (simple sale and so on). According to the Georgian model of legal incapacity, from the moment of its establishment mentally disabled person is deprived of opportunity to make any decision regarding him/herself independently. Persons without legal capacity have guardians appointed, who make all decisions alone, independently from legally incapable person. Certainly, mentally disabled persons cannot make adequate decisions in all cases regarding their private life. Moreover, they are vulnerable and may become subject of manipulation if they act independently. Obviously they are in need of persons to assist them, they require some other individuals who will help them realize the situation adequately and express their will. This approach is something different from the applicable model of guardianship. It envisages substitution of the will of legally incapable person, rather than their assistance in revealing determination.
2011-06-17 13:38 See moreOn June 13, Members of the Parliament of Georgia initiated a draft envisaging significant revision of the Law of Georgia on Assembly and Manifestation. It should be noted that the submitted draft contains unclear provisions as well as contains potential risks of human rights’ violation. Firstly, we should emphasize the conflict between the draft and the Constitutional Court decision of April 18, 2011 that invalidated certain provisions of the Law of Georgia on “Assembly and Manifestation” including the provision with blanket rule imposing limitation on organization of assemblies to the individuals who have no Georgian citizenship and the statement which deprived one person of the right to be the initiator of the Assembly and Manifestation. The Article of the draft imposing 20 meters radius principle with regard to certain buildings partially contradicts with the Constitutional Court decision. We consider that the suggested formulation in a blanket restriction and in the process of regulating assemblies and manifestations the attention should be paid on restrictions to block the entrances rather than on formal radius. Introducing back partially or completely the norms that were considered by the Constitutional Court unconstitutional shall be considered as absolute ignorance of the significance of Constitutional justice, that is unforgivable.
2011-06-17 11:53 See moreJune 14Th is the day for protecting persons with limited capacities. This group also includes mentally retarded persons, who jointly with individuals who have mental disorder are considered to be the most vulnerable among the persons with limited capacities, since legislation deprives them of legal capacity completely. Full legal incapacity entails prohibition to make decision of legal importance (simple sale and so on). According to the Georgian model of legal incapacity, from the moment of its establishment mentally retarded person is deprived of opportunity to make any decision regarding him/herself independently. Persons without legal capacity have guardians appointed, who make all decisions alone, independently from legally incapable person. Certainly, mentally retarded persons cannot make adequate decisions in all cases regarding their private life. Moreover, they are vulnerable and may become subject of manipulation if they act independently. Obviously they are in need of persons to assist them, they require some other individuals who will help them realize the situation adequately and express their will. This approach is something different from the applicable model of guardianship. It envisages substitution of the will of legally incapable person, rather than their assistance in revealing determination.
2011-06-17 11:52 See moreGeorgian Young Lawyers’ Association reacts on the statement of the Supreme Court of 10 June 2011 regarding the published Research “Legal Analysis of the Cases of Criminal and Administrative Offences with Alleged Political Motive”. The Research mainly entails legal analysis of the cases of detained/arrested persons during and following spring 2009 protest rallies. We saw the necessity of doing the research after the topic of political prisoners in Georgia became widely discussed in public and among international community. Following served as criteria for case selection: high public interest in a particular case, as well as alleged political motive of criminal prosecution or administrative responsibility. The Research was not aimed at establishing either culpability or innocence of certain individuals. We intended to define to what extent the legislative norms were observed in the process of administration of justice and whether the requirements of fair trial were considered by the investigative /judiciary organs. Legal analysis of cases reviewed in the research determined serious gaps in the execution of criminal justice. The fact is reinforced by legislative flaws and wrong interpretation of procedure legislation, as well as malpractice upheld by inaccurate practice of the applicable law.
2011-06-17 11:50 See moreGeorgian Young Lawyers’ Association arranged presentation of the Legal Analysis –“Cases of Criminal and Administrative Offences with Alleged Political Motive” on June 10, 2011 at 12:00 in hotel “Courtyard Marriott. The Research funded by the Embassy of the Kingdom of Netherlands in Georgia, mainly entails legal analysis of the cases of detained/arrested persons during and following spring 2009 protest rallies. We saw the necessity of doing the research after the topic of political prisoners in Georgia became widely discussed in public and international community. Following served as criteria for case selection: high public interest in a particular case, as well as alleged political motive of criminal prosecution or administrative responsibility. Legal analysis of cases reviewed in the research determined methodical errors in the execution of criminal justice in relation to individuals who can be considered as possible opponents of the authority due to political or public activities of these persons or their friends and family. The analysis discovered both legislative flaws and wrong interpretation of procedure legislation, as well as malpractice reinforced by inaccurate practice of the applicable law. 24 cases were selected for the research, including 6 cases involving administrative violations and 18 criminal cases. Representatives from international organizations, foreign embassies, non governmental organizations and state authorities were invited at the meeting.
2011-06-17 11:44 See moreOn June 13, Members of the Parliament of Georgia initiated a draft envisaging significant revision of the Law of Georgia on Assembly and Manifestation. It should be noted that the submitted draft contains unclear provisions as well as contains potential risks of human rights’ violation. Firstly, we should emphasize the conflict between the draft and the Constitutional Court decision of April 18, 2011 that invalidated certain provisions of the Law of Georgia on “Assembly and Manifestation” including the provision with blanket rule imposing limitation on organization of assemblies to the individuals who have no Georgian citizenship and the statement which deprived one person of the right to be the initiator of the Assembly and Manifestation. The Article of the draft imposing 20 meters radius principle with regard to certain buildings partially contradicts with the Constitutional Court decision. We consider that the suggested formulation in a blanket restriction and in the process of regulating assemblies and manifestations the attention should be paid on restrictions to block the entrances rather than on formal radius. Introducing back partially or completely the norms that were considered by the Constitutional Court unconstitutional shall be considered as absolute ignorance of the significance of Constitutional justice, that is unforgivable.
2011-06-16 07:32 See moreJune 14Th is the day for protecting persons with limited capacities. This group also includes mentally retarded persons, who jointly with individuals who have mental disorder are considered to be the most vulnerable among the persons with limited capacities, since legislation deprives them of legal capacity completely. Full legal incapacity entails prohibition to make decision of legal importance (simple sale and so on). According to the Georgian model of legal incapacity, from the moment of its establishment mentally retarded person is deprived of opportunity to make any decision regarding him/herself independently. Persons without legal capacity have guardians appointed, who make all decisions alone, independently from legally incapable person. Certainly, mentally retarded persons cannot make adequate decisions in all cases regarding their private life. Moreover, they are vulnerable and may become subject of manipulation if they act independently. Obviously they are in need of persons to assist them, they require some other individuals who will help them realize the situation adequately and express their will. This approach is something different from the applicable model of guardianship. It envisages substitution of the will of legally incapable person, rather than their assistance in revealing determination.
2011-06-14 13:31 See moreGeorgian Young Lawyers’ Association reacts on the statement of the Supreme Court of 10 June 2011 regarding the published Research “Legal Analysis of the Cases of Criminal and Administrative Offences with Alleged Political Motive”. The Research mainly entails legal analysis of the cases of detained/arrested persons during and following spring 2009 protest rallies. We saw the necessity of doing the research after the topic of political prisoners in Georgia became widely discussed in public and among international community. Following served as criteria for case selection: high public interest in a particular case, as well as alleged political motive of criminal prosecution or administrative responsibility. The Research was not aimed at establishing either culpability or innocence of certain individuals. We intended to define to what extent the legislative norms were observed in the process of administration of justice and whether the requirements of fair trial were considered by the investigative /judiciary organs. Legal analysis of cases reviewed in the research determined serious gaps in the execution of criminal justice. The fact is reinforced by legislative flaws and wrong interpretation of procedure legislation, as well as malpractice upheld by inaccurate practice of the applicable law.
2011-06-11 14:24 See moreGeorgian Young Lawyers’ Association arranged presentation of the Legal Analysis –“Cases of Criminal and Administrative Offences with Alleged Political Motive” on June 10, 2011 at 12:00 in hotel “Courtyard Marriott. The Research funded by the Embassy of the Kingdom of Netherlands in Georgia, mainly entails legal analysis of the cases of detained/arrested persons during and following spring 2009 protest rallies. We saw the necessity of doing the research after the topic of political prisoners in Georgia became widely discussed in public and international community. Following served as criteria for case selection: high public interest in a particular case, as well as alleged political motive of criminal prosecution or administrative responsibility. Legal analysis of cases reviewed in the research determined methodical errors in the execution of criminal justice in relation to individuals who can be considered as possible opponents of the authority due to political or public activities of these persons or their friends and family. The analysis discovered both legislative flaws and wrong interpretation of procedure legislation, as well as malpractice reinforced by inaccurate practice of the applicable law. 24 cases were selected for the research, including 6 cases involving administrative violations and 18 criminal cases. Representatives from international organizations, foreign embassies, non governmental organizations and state authorities were invited at the meeting.
2011-06-11 09:44 See more