Representatives of NGOs held a solidarity rally in support of the Georgian Young Lawyers’ Association on September 8, at 1:00 pm, outside the office of GYLA. They declared their solidarity to GYLA that has been subject to incorrect comments by the authorities after it published findings of a British forensic analysis bureau regarding the case of Nika Kvintradze who died during the May 26 developments. Furthermore, some media outlets broadcasted reports aimed to discredit GYLA. NGOs participating in the solidarity rally released a special petition.
2011-09-09 07:15 See moreThe Georgian Young Lawyers’ Association responds to the statement of the Ministry of Interior Affairs about Kvintradze case. First of all, GYLA would like to underline that the released information is based on the findings of an independent forensic analysis bureau, which explicitly indicates that images on photo and video materials submitted by GYLA belong to one and the same person. Therefore, MIA’s allegation that GYLA has intentionally distorted facts is groundless. We believe that for the purposes of conducting thorough, objective and effective investigation into the case, MIA should have first and foremost examined evidence obtained by GYLA. Instead, MIA made statements without examining findings of the forensic image analysis, a priori ruling out credibility of the evidence and declared that GYLA distorted facts. In its statement MIA maintains that a person in the photograph is Giorgi Bakradze who currently live sin Kareli. MIA also released a recording of Giorgi Bakradze’s interview concerning the fact; however, the Ministry’s comments do not indicate that the investigation conducted forensic photo analysis of for identifying the person. The Ministry’s statement makes it clear that the efforts of investigation was limited to Giorgi Bakradze’s statement and his visual comparison with photos and declared the criminal case closed.
2011-09-07 10:19 See moreFollowing May 26, GYLA has been actively working on the facts of human rights violations during the rally dispersal. In the nearest future, GYLA will publish a thorough report prepared about these issues. Together with other issues, the report also focuses on analysis of cases of deprivation of lives during the rally dispersal. While working on the cases of deprivation of lives of Nika Kvintradze and Suliko Asatiani, GYLA obtained important evidence producing substantiated doubts about the official version of the case published by the Ministry of Interior Affairs. Therefore, GYLA deems it expedient to inform public about the evidence in a timely manner and demand corresponding response from the authorities. Namely, On August 17, with regard to the case of deprivation of life of Nika Kvintradze, GYLA asked DABS Fingerprints/Forensics Ltd1 to carry out forensic image comparison of photo and video materials allegedly showing the detention of Nika Kvintradze. For the purpose of image comparison and identification of an individual shown on the photo and video materials, we provided forensic expert Kenneth Linge2 with 1) video footage broadcasted by Rustavi 2; 2) photo where one of the witnesses supposedly identified Nika Kvintradze (photo N2); and 3) post-mortem and passport photos of Nika Kvintradze. On August 26, DABS Fingerprints/Forensics Ltd provided us with the forensic image comparison findings (see the Annex). By means of a morphological comparison, it was determined that the passport image, the post-mortem photograph and image #4 (a photo still from the video footage broadcasted by Rustavi 2) are all of the same person. The forensic analysis found 7 similarities shown by the images, the most important being a significant swelling on the left temple, possibly resulting from a blow, shown by image N4 and the post-mortem photograph. Examination of the video footage revealed no evidence of any image tampering. Furthermore, the forensic analysis determined that the video material and the photograph where a witness supposedly identified Nika Kvintradze showed the same scene from different viewpoints.
2011-09-06 10:21 See moreThe Georgian Georgian Young Lawyers’ Association (GYLA) is protecting interests of Ioseb Tsiklauri who is currently serving his punishment in the treatment facility for defendants and convicts. Currently, due to his extremely severe health condition, Ioseb Tsiklauri has been transferred to the Tbilisi national center for tuberculosis and lung disease. Timely course of treatment is crucial for improving Ioseb Tsiklauri’s health condition. To this end, his family members arranged for a forensic test at Levan Samkharauli Bureau of Forensic Expertise. The convict underwent the test on June 28, 2011. Following the corresponding examination, the forensic expert drew up findings that were transferred to the national bureau of Samkharauli but the findings still have not been submitted to convict’s family. Timely submission of forensic findings is of vital importance for the convict as it may reveal that his extremely severe health condition may serve as the basis for his early release.
2011-08-19 06:19 See moreEviction of IDPs from the building that formerly housed the hotel Abkhazia was finished on August 15. The Georgian Young Lawyers’ Association (GYLA) believes that there were no legal grounds for eviction of some of the IDPs living in the noted building, as by the time of the eviction they had not yet agreed to offers of the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia. As GYLA has noted a number of times in its statements released earlier, the Law of Georgia on the Internally Displaced Persons categorically prohibits forceful eviction of IDPs from a compact settlement before restoration of the jurisdiction on corresponding territory of Georgia, until corresponding decision is delivered by court. Under the Georgian legislation, the police should have immediately terminated eviction procedures upon submission of an IDP card (certifying lawful ownership).
2011-08-15 17:13 See moreOn August 10, 2011 at 10:30 a.m., press-conference on issues related to eviction of IDPs was held at the Georgian Young Lawyers' Association. On August 5, 2011, the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia provided IDPs living in the Hotel Abkhazia, Tbilisi with individual notices stating that their eviction from the hotel was expected to occur on August 15. It is noteworthy that the building has a status of a compact settlement object where internally displaced persons have been registered and living in since 1991. Under the ordinance of the Minister of Interior Affairs of Georgia N747, dated May 24, 2007, upon submission of an IDP card (certifying lawful ownership), the police shall terminate the procedures for eviction of IDPs from the compact settlement. It should also be noted that in similar cases the law of Georgia on Internally Displaced Persons categorically prohibits eviction of IDPs from a compact settlement until the jurisdiction is restored on the corresponding territory. Furthermore, under the law, issues related to housing solutions shall be settled by court. Considering that offers laid out in individual notices by the Ministry is unacceptable to IDPs living in the Hotel Abkhazia and the dispute has not been brought before court, the GYLA believes that the police is not authorized for the eviction.
2011-08-10 08:31 See moreUnder the initiative of the Foundation for Promotion of Legal Education within the Georgian Young Lawyers’ Association, discussion about “state obligations produced by failure to complete cooperative apartment constructions” was held on July 29, at 19:00. Within the working format, the participants discussed legal problems related to mechanisms for compensation of state’s liabilities to cooperative apartment constructors, their development and effective implementation. The discussions sought to promote ways for solution of the problem that originated back in 1998 when the state recognized its liabilities produced by failure to complete apartment constructions as an internal debt. Under order N835 adopted by the Government of Georgia on the November 11, 2009, Tbilisi City Hall is responsible for paying off the liabilities. However, up to 4,000 citizens of Georgia are still hopelessly waiting to receive their due compensation. Representatives of GYLA – head of the Legal Assistance Center Kakha Kozhoridze and strategic litigation lawyer Tamta Mikeladze briefed about the problem. Representatives of the Parliament of Georgia, the Ministry of Finance of Georgia, Tbilisi Sakrebulo and Tbilisi City Hall were invited to attend the discussion, together with experts. The discussion was also attended by representatives of the injured party. Representatives of the authority did not attend the discussion.
2011-08-01 07:06 See moreThe Coalition for Media Advocacy chaired by the Georgian Young Lawyers’ Association and composed of ten more NGOs, applied to Prime Minister of Georgia Nika Gilauri, Minister of Economy and Sustainable Development Vera Kobalia and the Georgian National Communications Commission (GNCC) with a statement. The Coalition demands immediate termination of an ongoing online auction announced by the Ministry of Economy and Sustainable Development for outsourcing management of state-owned Alfa-Com Ltd. (ID №203829250) for the period of four years. Alfa Com Ltd. was established on the basis of Georgian TeleRadioCenter Ltd. and is its legal successor. The company exploits total of 36 towers throughout the country, including Tbilisi broadcasting tower that transfers TV, radio, telephone or other communication signals and provides service to more than 30 radios and 16 TV companies.
2011-08-01 06:49 See moreToday, the Georgian Young Lawyers' Association filed against paragraph 2, Article 10 of the Law of Georgia on Operative and Investigative Activities which regulates telephone tapping by law enforcement authorities. Although the law regulates telephone tapping, it fails to define duration of the measure. Duration is regulated by a departmental normative act of an agency, which in its turn is classified as secret. Therefore, duration of authorization of law enforcement officers for telephone tapping is unknown for public, whereas general terms of duration provided for by para. 2 of Article 10 of the Law of Georgia on Operational and Investigative Activities do not give an opportunity to identify whether telephone communications of a person concerned are intercepted. GYLA believes that classification of duration of the operative and investigative activities as secret violates the right to privacy and personal communication envisaged by Articles 16, 20 and 41 of the Constitution of Georgia.
2011-07-27 09:43 See moreThe Georgian Young Lawyers' Association has learned that on July 12, 2011, based on the application of the director of Park Place JSC, the police started evition of IDPs from the building located at 80 Chavchavadze Ave (former Hotel Vake) in Tbilisi. It should be noted that the building has the status of a compact settlement place and internally displace persons registered in the building have been living there since 1991. Under the Interior Minister's N747 ordinance dated May 24, 2007, upon submission of an IDP card (certifying lawful ownership), the police has to stop procedures for eviction of IDPs from places of compact settlement. With GYLA's assistance, IDPs applied to the Ministry of Interior Affairs; however, we are still unaware of measures undertaken in response to the application. Furthermore, it should be considered that at the same time, under the Standard Operational Procedures (SOP) for Vacating Buildings/Relocating IDPs for the Purpose of Providing IDPs with Durable Housing Solutions, the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia (MRA) delivered individual notices to IDPs that listed July 25 as an estimated eviction date.
2011-07-22 13:17 See more