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CATEGORY - News
We inform you that for the purpose of avoiding the danger of Covid-19 spread, due to the State of Emergency in the country, from the 2nd of April till the 21st April, all types of procedures concerning International Protection (Asylum) onsite are suspended.

We also inform you that applications on International Protection (Asylum) will be received on the following e-mail address: dipi@mia.gov.ge.

Read this statement in Arabic, Azerbaijani, French, Hindi, PersianRussian and Turkish.


In case of existing/originating additional questions/problems on International Protection (Asylum), please, contact us in the Division by calling the following hotline number: 598 08 00 97 (available24/7) or via the following e-mail address: dipi@mia.gov.ge or call UNHCR on the following number: 577 41 56 10 (available24/7)
 
03.04.2020
CATEGORY - News
 
On March 10, 2020, the High Council of Justice (HCOJ) nominated Nino Kadagidze to the Parliament as a candidate for the Chair position. She was one of those 10 candidates  who the HCOJ nominated to Parliament for the Supreme Court without any public hearing and discussion at the end of December, 2018. The Coalition believes that the candidates on the list were leaders, members or sympathizers of the influential group within the judiciary. In case of Nino Kadagidze, this was well illustrated during her hearing at the Legal Affairs Committee, when she found it difficult to discuss internal threats to judicial independence and practically denied the existence of the influential group, or the “clan,” within the judiciary.
 
She was also one of the 14 persons who were appointed to the Supreme Court last year, amid significant shortcomings. This process was not assessed positively by any independent observer, domestic or international.
 
Significantly, the HCOJ made the decision of nominating her upon consultations with Supreme Court judges only, behind closed doors. Judges from the first and second instance courts, as well as civil society representatives and other interested parties were not involved in these discussions. While the HCOJ does not have a legal obligation for such open consultation, it would have been advisable to have an open and inclusive selection process, given the high public interest, and in order to secure more legitimacy for this process.
 
Given the above questions towards the selection process and the history of judge Kadagidze’s appointment to the supreme court, the Coalition considers nomination of Nino Kadagidze’s candidacy for the high post of Chair of the Supreme Court of Georgia unjustifiable and calls on members of Parliament not to support her candidacy.
13.03.2020
CATEGORY - News
Due to virus COVID-19 outbreak “Article 42 of the Constitution” NGO to perform the work remotely to 20 March 2020.
 
Legal assistance and legal consultations for asylum seekers, refugees, and humanitarian status holders are available through the following contact information:
 
The UNHCR Project Staff HOTLINE: 593 111 405
Email: a.gudadze@article42.ge
Working hours: 10:00 - 18:00
 
Web-page: www.article42.ge
Facebook: “Article 42 of the Constitution”
 
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"Статья 42 Конституции" 
В связи со вспышкой вирусного COVID-19 "ст. 42 Конституции" выполнять работу онлайн до 20 марта 2020 года.
 
Правовая помощь и юридические консультации для просителей убежища и беженцев, предоставляются через следующую контактную информацию:
 
The UNHCR Project Staff HOTLINE: 593 111 405
Email: a.gudadze@article42.ge
Pабочее Bремя: 10:00 - 18:00
 
Web-page: www.article42.ge
Facebook: “Article 42 of the Constitution”
 
 
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المنظمة غير الحكومية "المادة 42 من الدستور"
بسبب اندلاع COVID-19 منظمة غير الحكومية "المادة 42 من الدستور" ستؤدي العمل عبر الإنترنت حتى 20 مارس 2020.
المساعدة القانونية والمشورة القانونية لطالبي اللجوء واللاجئين والأشخاص ذوي الوضع الإنساني متاحة من خلال معلومات الاتصال التالية:
 
الخط الساخن لموظفي المفوضية: 593111405
البريد الإلكتروني: a.gudadze@article42.ge
ساعات العمل: 10:00 حتي 18:00
 
صفحة الويب: www.article42.ge
فيسبوك: "المادة 42 من الدستور"
 
12.03.2020
CATEGORY - News
 
“Article 42 of the Constitution”, a Tbilisi-based human rights organization, released a study report on execution of rulings of the European Court of Human Rights and the United Nations treaty bodies in Georgia. The report was introduced to the representatives of the Government and the Parliament of Georgia, members of civil society, academia and international organizations. Tbilisi Open University hosted the event which took place on February 27, 2020. 
 
The report was released with the assistance of the USAID and the East-West Management Institute. The document reflects some comments and suggestions made by the Ministry of Justice of Georgia and the Human Rights and Civil Integration Committee of the Parliament of Georgia. 
 
Vladimer Mkervalishvili, Executive Director of “Article 42”, and Giorgi Chkheidze, Chief of party of the USAID funded PROLoG project, opened the event. Nana Mchedlidze, “Article 42”’s strategic litigation expert, provided insights into the report’s key findings and recommendations. 
 
According to the report, during 20 years of Georgia’s membership in the Council of Europe (CoE), the CoE Committee of Ministers received 127 judgments and decisions of the ECtHR adopted against Georgia. Out of them, 81 cases were closed by the Committee of Ministers’ final resolutions, and execution of 46 cases is pending. 1.04 million EUR is the total amount of compensation imposed on the Government of Georgia as just satisfaction. The compensations awarded to applicants by the European Court are fully paid in a timely manner by the Government of Georgia, - reads the report. 
 
As stated in the document, the CoE Committee of Ministers identified four issues in the cases against Georgia examined by the ECtHR. These cases concern structural problems existing in the country and they follow the so-called enhanced procedure of execution. The Committee of Ministers clustered these issues in four groups: 
  • Cases that concern the lack of effective investigations into allegations of violations of the right to life and of ill-treatment, or excessive use of force by the police or penitentiary authorities during arrest and/or imprisonment;
  • Lawfulness of detention and use of restrictions on rights for illegitimate purposes;
  • Violation of the right to freedom of religion:
  • Violation of the right to freedom of assembly and association.
As for the UN treaty bodies, according to the report, they examined six cases regarding Georgia, out of which the violation of rights guaranteed under various UN conventions has been established in four cases, and five applicants were awarded compensation in the amount of 83.4 thousand GEL in total. 
 
The report commends Georgia for its legislation that envisages all possible mechanisms of execution of judgments and decisions adopted in individual cases by international human rights mechanisms – both review of decisions adopted by domestic courts and parliamentary monitoring. However, it is stated in the document that all these mechanisms have been established recently and the practice of their application is scarce as well as the information about them.
 
In the concluding chapter of the report, “Article 42” provides a number of recommendations addressed to the Ministry of Justice which is the major state body responsible for the implementation of international courts’ rulings. 
 
Particular attention is paid to the necessity of involvement of relevant parties, including appellants and the CSOs, in the elaboration of action plans for implementation of the ECtHR rulings. 
 
The mechanism of bilateral cooperation between the Ministry of Justice of Georgia and the civil society sector should be included in this procedure, - reads the report. 
 
Improving the mechanism of parliamentary supervision over implementation of the international courts’ rulings is also highlighted in the document. 
 
02.03.2020