Tag Archives: Georgia

Georgia: Rights lawyer Eduard Marikashvili charged with hooliganism and fined

Sem categoria 02/10/2023 Leave a comment

29/09/23

On 27 September 2023, Tbilisi City Court issued a judgement against human rights defender and lawyer Eduard Marikashvilli concerning his participation in a peaceful public protest on 2 June 2023. The Court ruled to charge the human rights defender with hooliganism, stating that he had violated Article 166 of the Code of Administrative Offences of Georgia, and ordered Edurad Marikashvili to pay a fine of GEL 500 (approximately EUR 175). The Court also found the human rights defender not guilty of violating the Article 173 of the Code of Administrative Offences of Georgia, an offence which disobeying a legal order from the police. The human rights defender will appeal the decision to charge him with hooliganism.

Eduard Marikashvili is a Georgian human rights defender and lawyer. In his human rights litigation, he focuses on juvenile justice, criminal law and accountability. He has been Chairperson of the human rights organisation “Georgian Democracy Initiative” (GDI) since 2021. GDI is committed to defending human rights, expanding inclusivity in society and promoting tolerance, as well as strengthening democratic reforms, advancing the rule of law and enhancing transparency and accountability of public institutions. GDI carried out monitoring, open debate, fact-based research and analysis of policy options to address the challenges facing Georgia. Eduard Marikashvili has been working as a human rights lawyer since 2014, and has headed the Legal Aid Centre within the GDI since 2017. He has also been a lecturer in the Free University of Tbilisi since 2019.

On 27 September 2023, human rights defender Eduard Mariksahvili was charged with hooliganism for participating in a peaceful public protest on 2 June 2023. On 2 June 2023, the human rights defender demonstrated alongside other peaceful protesters, who expressed their discontent with the Georgian government’s foreign policy and Georgia’s growing alliance with the Russian authorities. The human rights defender held a blank piece of paper in his hands. The Court, however, acquitted him of the charges related to the disobidience of a legal order from the police. The human rights defender reported that the Tbilisi City Court has still failed to provide legal reasoning to explain charging Eduard Marikashvili with hooliganism for participation in a peaceful protest. According to law, this explanation should be made available to the human rights defender and his lawyers within a month from the date of the Court ruling.

[…]

https://www.frontlinedefenders.org/en/case/human-rights-defenders-eduard-marikashvili-charged-hooliganism-and-fined

Georgian human rights defenders sentenced for peaceful protest

https://www.amnesty.org/en/location/europe-and-central-asia/georgia/report-georgia/

https://en.wikipedia.org/wiki/Human_rights_in_Georgia_(country)

Georgia: Russia adds Chechen rights lawyer Abubakar Yangulbayev to ‘terrorists and extremists’ list

Sem categoria 30/08/2023 Leave a comment

29/08/23

Russia’s Federal Financial Monitoring Service (Rosfinmonitoring) has added Abubakar Yangulbayev, a former lawyer for the organization Crew Against Torture, to its list of terrorists and extremists, TV Rain reported on Tuesday.

The grounds for the decision have not been made public.

The Russian Telegram channel Baza reported in early July that Yangulbayev had been charged with “organizing extremist activity” in response to a video stream from the banned Chechen opposition movement Adat that he participated in.

The Abubakar family has a long-standing feud with the Chechen authorities, who have repeatedly threatened, imprisoned, and tortured its members. Abubakar Yangulbayev’s brother, Ibragim Yangulbayev, is allegedly one of the founders of Adat, and the brothers’ father, Saidi Yangulbayev, is a retired federal judge.

In early 2022, Chechen officers abducted their mother, Zarema Musayeva, in Nizhny Novgorod. She was later sentenced to 5.5 years in prison for allegedly using violence against police.

In early August 2023, Abubakar Yangulbayev reported that four of his relatives who lived in Chechnya had been forcibly sent to the war in Ukraine as “volunteers.”

https://meduza.io/en/news/2023/08/29/russia-adds-chechen-human-rights-lawyer-abubakar-yangulbayev-to-terrorists-and-extremists-list

https://www.rferl.org/a/russia-chechnya-activist-wanted-list/32561568.html

https://www.rferl.org/a/chechnya-activist-relative-forced-war-ukraine/32539132.html

https://www.rferl.org/a/chechnya-yangulbayev-rights-kadyrov-georgia/31691105.html

https://meduza.io/en/news/2023/07/04/grozny-court-sentences-mother-of-human-rights-activist-and-alleged-opposition-founder-to-5-5-years-in-prison-colony

https://www.frontlinedefenders.org/en/profile/abubakar-yangulbayev

https://en.wikipedia.org/wiki/Yangulbaev_case

https://academic.oup.com/jicj/advance-article/doi/10.1093/jicj/mqad018/7197410

Georgia: End arbitrary prosecutions and protect freedom of expression

Sem categoria 23/06/2023 Leave a comment

22/06/23

Georgian law enforcement authorities arbitrarily arrested seven activists peacefully exercising their right to protest in front of the parliament building in capital Tbilisi on June 2, 2023. Four human rights groups condemn these arbitrary arrests as they directly infringe upon the fundamental rights to freedom of expression and assembly. The signatory organisations demand an immediate and unequivocal cessation of the administrative harassment of protesters and call on the Georgian authorities to protect freedom of expression in the country in line with the country’s international obligations.

On June 2, 2023, a peaceful protest took place in front of the parliament building in the capital Tbilisi, organised by the Georgian civil society group GEUT (‘stubborn’). The activists were holding paper banners, calling for the respect of the rights to freedom of expression and assembly, and expressing their criticism against the Georgian authorities. In response to the action, police arbitrarily arrested at least seven protesters, including four human rights defenders: Saba Brachveli, lawyer and employee of the Open Society Foundation; Eduard Marikashvili, Chairperson of the Georgian Democracy Initiative; Nika Romanadze, civil society activist; and Shota Tutberidze, lawyer of the Tolerance and Diversity Institute. Police also detained at least three more civil society leaders, including Levan Nishnianidze, – member of the “Girchi-More Freedom” party.

Among the seven detainees, one was holding a copy of the Georgian constitution, and another was holding a blank sheet of paper at the protest action. Some protesters were holding banners where they modified the first name of Prime Minister Irakli Gharibashvili, resulting in a pronunciation that resembled an inappropriate word. The police damaged or confiscated these banners during the arrests, used excessive force, and failed to provide the grounds for detentions, as well as to explain detainees their rights. Moreover, the lawyers of the detainees were not informed about the whereabouts of their clients and were not allowed to see them in the first hours following their arrest.

Marikashvili, Romanadze and Brachveli were taken to Telavi’s temporary detention facility, while others were held in the detention facility in Dusheti. Authorities released Marikashvili, Romanadze and Brachveli after 48 hours of pretrial detention – the maximum term allowed by the legislation – while the remaining detainees were released several hours earlier.

[…]

https://www.omct.org/en/resources/statements/georgia-end-arbitrary-prosecutions-and-protect-freedom-of-expression

Statement on the arbitrary arrest of Georgian lawyer Eduard Marikashvili

Georgian Ombudsman calls detention of violators at Parliament interference in freedom of expression

https://www.frontlinedefenders.org/en/profile/eduard-marikashvili-

https://tvpirveli.ge/ka/siaxleebi/politika/39752-parlamenttan-uplebadamtsveli-eduard-marikashvili-daakaves (GEORGIAN)

https://www.frontlinedefenders.org/fr/case/human-rights-defender-and-lawyer-eduard-marikashvili-arbitrarily-detained-and-facing (FRANCAIS)

https://www.interpressnews.ge/ru/article/152608-osvobozhdeny-troe-zaderzhannykh-2-iiunia-u-parlamenta-eduard-marikashvili-saba-brachveli-i-nika-romanadze/ (RUSSIAN)

Georgia: Rights lawyer Eduard Marikashvili arbitrarily detained, facing hooliganism and disobedience charges

Sem categoria 13/06/2023 Leave a comment

12/06/23

On 6 June 2023, the Tbilisi City Court started to review the case of the human rights defender and lawyer Eduard Marikashvili. The human rights defender is accused of hooliganism and disobedience of a legal order from the police. Eduard Marikashvili is on trial for participating in a peaceful public protest on 2 June 2023, where he was arbirtrarily arrested and detained for 48 hours. The human rights defender intends to file a complaint concerning the violation of his right to freedom of assembly, his unlawful detention and the extension of this detention.

Eduard Marikashvili is a Georgian human rights defender and lawyer. In his human rights litigation, he focuses on juvenile justice, criminal law and accountability. He has been Chairperson of the human rights organisation “Georgian Democracy Initiative” (GDI) since 2021. GDI is committed to defending human rights, expanding inclusivity in society and promoting tolerance, as well as strengthening democratic reforms, advancing the rule of law and enhancing transparency and accountability of public institutions. GDI carried out monitoring, open debate, fact-based research and analysis of policy options to address the challenges facing Georgia. Eduard Marikashvili has been working as a human rights lawyer since 2014, and has headed the Legal Aid Centre within the GDI since 2017. He has also been a lecturer in the Free University of Tbilisi since 2019.

On 2 June 2023, at 10:30 pm, human rights defender and lawyer Eduard Marikashvili arrived to a peaceful protest in front of the Georgian Parliament in Tbilisi. The protesters had gathered to express their discontent with the Georgian government’s foreign policy and Georgia’s growing alliance with the Russian authorities. The human rights defender joined the protest to monitor the violation of the peaceful protestors’ rights, as law enforcement officers started to violently arrest and detain them while confiscating and destroying their signs. Eduard Marikashvili joined the protest and held a blank piece of paper in his hands.

[…]

https://www.frontlinedefenders.org/en/case/human-rights-defender-and-lawyer-eduard-marikashvili-arbitrarily-detained-and-facing

Arrested Georgian civil society members must immediately be released
Activists Detained at June 2 Rally Released
3 activists detained near parliament on June 2 released

Georgia: Director of pro-opposition TV channel jailed for 3.5 years in Georgia

Sem categoria 16/05/2022 Leave a comment

16/05/22

Tbilisi City Court has sentenced Nika Gvaramia, the director of opposition-leaning TV channel Mtavari and one of the lawyers of Mikheil Saakashvili, to three years and six months in prison for abusing his position.

Gvaramia was on trial for crimes allegedly committed while the director of another TV company, Rustavi 2. 

He was charged in 2020 with abuse of power and embezzling property at Rustavi 2, commercial bribery, and forging documents. He was found not guilty on the last three counts.

The prosecution’s case rested on a Porsche Macan S worth €76,700 ($79,900) being given to Rustavi 2 in early 2019 in exchange for advertisements on the channel. Prosecutors argued the car was procured for the use of Gvarami’s family.

‘Stay with Mtavari and achieve freedom with us! Everything will be fine’, Gvaramia wrote on his Facebook page shortly before being led away from the courtroom. 

While not a member of the formerly ruling United National Movement (UNM) Party, Gvaramia held a number of senior positions during their rule and has remained one of the party’s most outspoken supporters.  He also legally represented former president Mikheil Saakashvili in court.

[…]

Director of pro-opposition TV channel jailed for 3.5 years in Georgia

https://www.aljazeera.com/news/2022/5/16/georgia-jails-critical-pro-opposition-journalist-nika-gvaramia

https://www.rferl.org/a/georgia-gvaramia-prison-sentence-corruption/31852799.html

https://en.wikipedia.org/wiki/Nika_Gvaramia

https://www.lefigaro.fr/flash-actu/georgie-le-patron-d-une-tv-d-opposition-condamne-a-trois-ans-et-demi-de-prison-20220516 (FRANCAIS)

Russia ramps up repression of lawyers before the elections

Sem categoria 10/09/2021 Leave a comment

09/09/21

Lawyers (from left) Evgeny Smirnov, Ilya Novikov, Ivan Pavlov, Valeria Vetoshkina speak to journalists near the Moscow City court

The treatment of Ivan Pavlov and Team 29 exemplifies the risks human rights defenders are taking

Lawyers who act for those the state deems its enemies cannot expect a comfortable life in any country, but in Russia their persecution has reached a pitch that demands international attention. The FSB — the state security apparatus — is engaging in forms of harassment that prevent them from defending clients charged, often on dubious evidence with “subversive” activities. In an attempt to chill political protest in the lead-up to elections later this month, the FSB has used powers of arrest and prosecution to stop lawyers from doing their duty to defend politically-motivated prosecutions.

Take the attack on the distinguished human rights advocate, Ivan Pavlov. Pavlov led “Team 29” — an informal association of lawyers that took its name, ironically, from Article 29 of the Russian Constitution, which purports to guarantee free speech. Team 29’s latest offence has been to represent Alexei Navalny’s Anti-Corruption Foundation in its appeal against its designation as an “extremist” organisation, which in effect closed it down. This summer, Team 29 was forced to disband, after a government accusation that it was associated with an “undesirable foreign organisation” — an accusation that allowed the state to block its website and, potentially, to move against individual team members, clients or supporters.

In April, the authorities moved to prosecute Pavlov himself, having raided his home and office and seized his files and electronic devices. His alleged “crime” had been to release to the media the charge sheet against one of his clients, Ivan Safronov, a former journalist accused of treason for supposedly passing on government information. Pavlov was accused of publishing “confidential information” and his bail conditions prevent him from communicating with anyone by telephone, internet or mail. He has now fled to Georgia.

A number of Russian human rights lawyers courageously joined a protest against the prosecution of Pavlov, describing it as an attempt at “intimidating the legal community and turning it into an obedient and state-controlled organisation.” The forced disbandment of Team 29 emphasises the threat now facing all lawyers in Russia who act for organisations that seek justice for human rights violations and have connections with foreign groups.

Where can they look for support? Not to the Kremlin-controlled parliament, which churns out a web of laws against peaceful oppositionists, and not to the office of President Putin who may, by a recent constitutional amendment, stay in power until 2036. The judges should be their protectors, but Russian judges convict more than 99 per cent of defendants. Law enforcement and security agencies, including the FSB, can punish an acquittal with an investigation and a request to strip the judge of their status. Such requests are almost always granted, by other members of the judiciary. 

[…]

https://www.ft.com/content/d56cefa7-89dc-4b31-ae93-dfbdaddbe71c

https://www.reuters.com/world/asia-pacific/top-rights-lawyer-who-fled-russia-decries-political-purge-2021-09-09/

https://meduza.io/en/feature/2021/09/09/they-followed-me-all-the-way-to-the-airstairs

https://en.wikipedia.org/wiki/Ivan_Pavlov_(lawyer)

One Of Russia’s Top Human Rights Lawyers Flees To Georgia

Sem categoria 08/09/2021 Leave a comment

07/09/21

"The bans were not related to one thing only -- the possibility to leave the country," lawyer Ivan Safronov said.

One of Russia’s top human rights lawyers, who is representing jailed journalist Ivan Safronov, has left the country after the authorities opened a case against him for allegedly disclosing classified information about his client’s case.

Ivan Pavlov wrote on Telegram on September 7 that he was in Georgia as “restrictions imposed on me over the probe have gradually made my work impossible.”

“I was barred from using communication tools and the Internet, talk to my clients and some of my colleagues. In general, I was forbidden from doing the things that a lawyer needs to do to be effective. The bans were not related to one thing only — the possibility to leave the country. That was a sign showing the way out,” Pavlov wrote, adding that he plans to return to Russia in the future.

Pavlov became a suspect in a criminal case on the disclosure of data with regard to Safronov’s case in April. He has rejected the accusation, calling it politically motivated.

Safronov, a former adviser to the head of Russia’s space agency Roskosmos and a one-time journalist, was arrested and charged with high treason in July 2020 on allegations that he had passed secret information to the Czech Republic in 2017 about Russian arms sales in the Middle East.

Safronov has rejected the accusations against him and many of his supporters have held pickets demanding his release, saying that all case materials have been deemed classified as part of the cover-up.

Russian authorities have launched a massive crackdown on dissent in recent months, jailing dozens of opposition members, activists, and regular citizens under the guise of charges widely considered to be falsified.

[…]

https://www.rferl.org/a/russia-safronov-lawyer-flees/31448054.html

https://www.reuters.com/world/top-human-rights-lawyer-leaves-russia-citing-criminal-case-against-him-2021-09-07/

https://www.fidh.org/en/issues/human-rights-defenders/russia-judicial-harassment-of-human-rights-lawyer-ivan-pavlov

https://en.wikipedia.org/wiki/Ivan_Pavlov_(lawyer)

Georgia/Abkhazia: Abkhazian advocates demand to criminalize interfering with their professional activities

Sem categoria 04/07/2021 Leave a comment

04/07/21

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In Abkhazia, law enforcers would not let advocates to see their clients, refuse to acquaint them with case materials, and also put pressure on them, the local bar association has stated. After the case with detention of Zhanna Shenkao, the bar has demanded from the authorities to introduce criminal liability for interfering with their activities.

The “Caucasian Knot” has reported that the Bar Association of Abkhazia appealed to President Aslan Bzhaniya in connection with law enforcers’ interference with the advocacy. The reason was also the incident with the lawyer, Zhanna Shenkao, who was accused of disseminating on the Facebook some provocative materiaks, including on political topics.

Ms Shenkao herself has linked her prosecution with the fact that she had attitude to the suspects in the murder case of a crime boss in Sukhumi in November 2019; she has a child from one of the suspects and is a defence witness in this case, therefore, they are trying to intimidate her.

Konstantin Chagava, the Chairman of the Bar Association of Abkhazia intends to achieve a meeting with the republic’s leader, Aslan Bzhaniya, in order to convey to him the legal professionals’ problems in Abkhazia 

As an example, he cited the non-admission of an advocate to Akhra Avidzba. His advocate, Inga Gabilaya, has complained that she was unable to visit her client. Also, in April 2018, Valery Tsushba, an advocate, was detained. For several hours, advocates were not allowed to see him, and then he was set free without explanations; while his colleagues linked Tsushba’s detention with his professional activities.


https://www.eng.kavkaz-uzel.eu/articles/56015/

https://www.kavkaz-uzel.eu/articles/365597/ (RUSSIAN)

UK/Georgia: Speedboat killer: Jack Shepherd’s lawyer receives Nazi death threat

Sem categoria 31/01/2019 Leave a comment

January 28, 2019

Jack Shepherd Tbilisi court 25 Jan

Speedboat killer Jack Shepherd’s British lawyer, Richard Egan, has received a death threat amidst torrents of abuse.

The letter, which tells him to “remember Jo Cox”, the Labour MP murdered by far right extremist Thomas Mair, has been passed to the police.

It talks of stabbing, bombing, features a swastika and the words “Heil Hitler”.

Former Lord Chief Justice, Lord Thomas, says the letter represents an attack on the rule of law.

As a defence solicitor representing Shepherd, Mr Egan has received a steady stream of abusive and threatening letters, emails and texts accusing him, among other things, of having blood on his hands.

He did not take them especially seriously until he received a letter, sent to his office, which warned him he had 48 hours to state that he was “no longer supporting or providing legal aid” to Shepherd and saying, “remember Jo Cox?”

“You have been followed – nice house! Now, accidents happen, people get stabbed in London, pets get poisoned, children run over.

“Be warned we (EDF) will petrol bomb your nice office.”

It also contained a swastika, SS sign and the words “Heil Hitler 88”.

…

https://www.bbc.com/news/uk-47029302

https://www.lawgazette.co.uk/news/jack-shepherd-solicitor-receives-death-threat-/5069057.article

https://scottishlegal.com/article/england-lawyer-for-speedboat-killer-receives-neo-nazi-death-threat

https://www.dailymail.co.uk/news/article-6643263/Jack-Shepherds-British-lawyer-says-hes-received-death-threat.html

https://en.wikipedia.org/wiki/Richard_Egan_(solicitor)

International Bar Association’s Human Rights Institute ANNUAL REVIEW 2017

Sem categoria 03/05/2018 Leave a comment

Image result for international bar association

The International Bar Association’s Human Rights Institute (IBAHRI) has launched its 2017 Annual Review, providing an overview of the IBAHRI’s major activities over the year.

2017 was a difficult year for human rights: since the Universal Declaration of Human Rights was adopted 70 years ago, it appears that we are now reaching a point where the universal acceptance of human rights is being eroded. Increasingly polarised political spheres and growing support for populist governments are resulting in policies that scapegoat minorities, attack the under-represented and persecute those who oppose these governments.

In this atmosphere, protection of human rights, the rule of law and an independent legal profession are more important than ever. This makes the work of the IBAHRI more important than ever. Since its establishment in 1995, the IBAHRI has endeavoured to defend fundamental human rights through the promotion and protection of the independence of the legal profession, and by providing members of the global legal community with the tools needed to do the same.

 

As part of its ongoing projects in the Americas, the IBAHRI provided torture-prevention training to legal professionals, including judges and public defenders, across Brazil and Mexico. In El Salvador, the IBAHRI brought a high-level delegation of experts on the rights to justice, truth and historical memory to meet with legal professionals, the executive, armed forces, CSOs and academia with a view to achieving justice effectively and realising the rights of those who suffered human rights abuses as a result of the 12-year civil war. Additionally, the IBAHRI continued to monitor the emblematic trial of Venezuelan Judge María Lourdes Afiuni, and sent open letters to President Donald Trump of the United States, which criticised the President and his administration for actions the IBAHRI felt were ‘diametrically opposed to the defence of human rights’.

In Asia Pacific, the IBAHRI worked with the newly established Independent Lawyers’ Association of Myanmar to continue its work in the country, and has been running a trial observation programme to ensure those responsible for the death of prominent lawyer U Ko Ni are brought to justice. In Timor-Leste, the IBAHRI has consolidated its presence in the country by seeking to strengthen the legal profession and supporting the creation of its first national bar association.

The IBAHRI launched a mentorship programme for junior Azerbaijani lawyers that linked them with more experienced senior lawyers, and held a Law Student Conference in Baku, among other activities intended to advocate for the rights of legal professionals in the country. We also facilitated attendance at various OSCE Meetings for lawyers in Georgia, Kazakhstan and Tajikistan as part of the IBAHRI’s ongoing work in Europe and Central Asia.

…

https://www.ibanet.org/Human_Rights_Institute/Human-Rights-Institute-Annual-Review-2017.aspx

https://www.protect-lawyers.com/fr/

https://www.hrw.org/news/2018/07/23/joint-letter-eu-regarding-human-rights-situation-tajikistan

In Tajikistan, reforms undertaken by the Qualifications Committee set up by the Ministry of Justice drastically decreased the number of practising lawyers.

Read more about the situation of Tajik lawyers and the work the IBAHRI has done in partnership with the Tajikistan Barristers’ Union here:https://tinyurl.com/y7rhftx4

(International Bar Association’s Human Rights Institute Facebook, 9/5/18)