Constitutional complaint submitted by GYLA, (where GYLA represents Shalva Ramishvili) challenges constitutionality of Article 5, paragraph 2 of the Georgian Election Code. The disputed article deprives all the prisoners of the right to exercise their franchise. According to the applicable legislation they can neither vote nor submit their candidacy. If we consider that the Georgian Constitution provides for the principle of the proportional restriction of the rights. We deem it unconstitutional to restrict fundamental right; including the right to vote, even more than it is necessary in a democratic society. By the Constitutional complaint we demand to restore the right to exercise the active election right (the right to vote) with regard to the convicted prisoners who have committed misdemeanors. It is noteworthy, that in the case Hirsty v. the United Kingdom the European Court of Human Rights considered restriction of the active election right with regard to prisoners as violation of Article 3, Protocol 1 of the European Convention of Human Rights (right to free elections). Georgia is a party to the Protocol and therefore entitled to fulfill obligations envisaged by the protocol and the judgments pertaining thereto.
2007-07-22 20:00 See moreMr. President, On June 11, 2007 the Parliament of Georgia by the majority of votes adopted amendments to the Georgian law on common courts. The draft aims ensuring of judiciary independence and considers photo and video recording in a court building, as well as, of a court hearing in a court hall inadmissible, except when it is implemented by the judiciary.
2007-07-17 20:00 See moreMajority of Georgian population suffers lack of primary medical service for the absence of information and other reasons. On June 6-7 the coalition “Future without poverty” arranged a bus-tour in the West Georgia. Members of the coalition (NGOs: the Georgian Young Lawyers’ Association, the Georgian Young Economists’ Association, Welfare Foundation and the International Organization Oxfam) met the local population and introduced them the state healthcare programs and the procedures of registering socially vulnerable persons in a united data bases. On July 6, the coalition visited Kutaisi and on July 7 it visited the Khulo region. Besides submitting of the information the Coalition also disseminated information booklets and shirts with the Coalition logos. The population expressed great interest. As it turned out majority either was not informed or contained incomplete information on the state healthcare programs and on the procedure of registration in the unified data bases of socially vulnerable families. On July 7, members of the Coalition met the doctors from Khulo region and discussed the healthcare problems in Adjara region. In 2000 the Government of Georgia (together with 191 countries) undertook an obligation to reach UN millennium development goals by 2015, to eliminate poverty and to ensure available medical service. On June 7,2007 (07.07.07) the half of the term expired and we try to find out what has been done during that period. The civil alliance “Future without poverty” unites 50 NGOs and hundreds of supporters that aims poverty elimination and fulfillment of Millennium Development Goals. We aim to activate Georgian citizens, so that to request by joint endeavors from the Georgian Government poverty elimination. “Future without poverty” is a member of the international coalition Global Call to Action against Poverty. In 2005 we joined the Coalition, since for the poverty:58 000 persons die daily in the world;One child dies every three seconds;Every 20 children in Georgia can not reach 5 years;Every second sick person has no access on necessary medicines.
2007-07-10 20:00 See moreOn July 10 in “Courtyard Marriot” GYLA arranged presentation of the books: “Freedom of Information in Georgia” and “Protection of personal data- experience of the foreign countries”. Representatives of the Parliament of Georgia, various state agencies, NGOs and mass media attended the presentation and discussed the problem with regard to freedom of information and protection of personal data. GYLA submitted its recommendations. After presenting the books, GYLA submitted to the audience) freedom of information data bases and electronic dictionary placed on the web-page (www.gyla.ge). Through the simple and flexible searching system all interested persons will have opportunity to acquire information on any public agency, in particular to find out: their address, telephone numbers and the identity of freedom of information officers. The electronic dictionary contains all significant terms with regard to freedom of information. It is noteworthy that both of the data bases are bilingual (Georgian-English), correspondingly they may be applied by both Georgian and foreigner interested persons.
2007-07-09 20:00 See moreOn June 28 Legal Education Assistance Foundation under the Georgian Young Lawyers’ Association arranged a graduation ceremony and awarded diplomas and certificates to its graduates. At the beginning of the event Giorgi Chkheidze – GYLA chairman emphasized one of GYLA main statutory goals: development of lawyers’ professional skills and remembered his first steps in GYLA when the Legal Training and Information Center (LTIC)-an alternative source to receive legal education was just being established. GYLA chairman also talked on ten years’ experience of the Center and on successful graduates (who by GYLA recommendation were recruited by various public and private agencies), mentioned the necessity and main pre-conditions of founding Legal Education Assistance Foundation.
2007-07-01 20:00 See moreOn June 25, at the press conference the chairman of the Georgian Young Lawyers’ Association: Giorgi Chkheidze and the lawyer of GYLA/Rustavi office discussed violations of the Georgian United Power Distribution company. For the last three months, nearly 71 citizens applied to GYLA/Rustavi office for legal assistance. Rustavi population declares that even though meters where installed everywhere, electricity company considers the figures unreal and imposes additional payments on population.
2007-07-01 20:00 See moreOn June 21, 22 GYLA organized the training in the frames of the project “Strengthening of the rural associations’ role in the development of democratic process”. The topic of discussion was the following: non-entrepreneur legal persons (non-governmental organizations and melioration organizations). On June 21 seminar was held for representatives of local associations of the Kvemo-Kartli region and on June 22 for representatives of local associations of the Samtskhe-Kavakheti region. 24 representatives of the Kvemo-Kartli and Samtskhe-Javakheti local associations participated in both of the seminars. Participants received seminar materials. In the frames of the project we plan to conduct the training on such topical issue like local self-governance, freedom of information, local budget and so on. Ekaterine Pavlenishvili-the head of GYLA/Rustavi office led the seminar for representatives of Kvemo-Kartli local associations and Ketevn Bebisahvili –the head of GYLA/Gori office led the seminar for local associations of Samtskhe-Javakheti local associations. 30 months long project is funded by the Austrian Development Agency (ADA) that is carried out by Care Austria and Care international in the Caucasus together with the partner organizations- the Georgian Young Lawyers’ Association and the International Organization Civitas Georgia.
2007-06-24 20:00 See moreOn June 15th the Sector Economy and Economic Policy Committee by the first hearing supported the submitted draft which envisages introducing of Article 53 (3) to the Georgian Law on Entrepreneurship again. According to the law, the holder of 95% of the shares in the joint stock company is entitled to procure the remained 5% of the shares despite the fact whether the holder of the portion is willing to sell them. Adoption of the amendment submitted by the Parliament of Georgia would be gross violation of the judgment rendered by the Constitutional Court on May 18, 2007 and disobedience to the legislative order established by the court. By its judgment (May 18, 2007) the Constitutional Court considered unconstitutional Article 533 of the Georgian Law on Entrepreneurship and annulled it, since it violated property right guaranteed by the Constitution (paragraphs 2 and 3 of Article 21 of the Constitution). The President of Georgia without any justification, granted a priority to the discussion of the submitted draft on introducing of amendments to the law of Georgia on Entrepreneurship adoption of which as we have already mentioned must be considered as disobedience to the court decision. The Georgian Young Lawyers’ Association appeals the Parliament of Georgia not to adopt the amendment to the law on entrepreneurship submitted by the president’s initiative and not to establish unprecedented practice of disobedience with regard to the Constitutional Court judgments.
2007-06-14 20:00 See moreOn June 1, at the special briefing arranged in regard to protection of Children’s Rights the Georgian Young Lawyers’ Association and tens of international and local non-governmental organizations made a special statement to the government and public. At the press conference Giorgi Chkheidze- the chairman of the Georgian Young Lawyers’ Association talked on the juveniles’ increasing offence and on the necessity to carry out preventive measures.
2007-05-31 20:00 See moreAcute reaction of the society and state structures was caused by eviction of IDPs from the collective center “Specavtomeurneoba” (former auto engineering plant ) located in Vazisubani executed by police on April 24, 2007. To address this issue Georgian Young Laywers Accosiation conducted legislative analysis of the case and identified legislative gap, that constituted ground for this eviction. Consequently, GYLA has elaborated relevant reccomendations and forwarded to the Ministry of Interior Affairs. According to the presidential and ministerial instructions identified gap was bridged.
2007-05-31 20:00 See more