appealed to “Article 42 of the Constitution” for help, after one of
the commercial banks refused him to use his own bank account using
the asylum seeker's certificate. According to the representatives
of the commercial bank, D.M. could access his bank account only
with a passport.
According to the “Article 42 of the Constitution”, the Bank's ungrounded and unlawful refusal has deprived the asylum-seeker right to enjoy social-economic rights guaranteed by the Georgian legislation.
to subparagraph “g” of Article 56 of the Law of Georgia on
International Protection, an asylum seeker is entitled to receive a
certificate of an asylum seeker and, based on the certificate, a
temporary identity card within the period of the review of an
application for international protection.
According to subparagraph “s” of Article 2 of the Law of Georgia on Legal Status of Aliens and Stateless Persons, “Temporary Identification Card is - the ID card issued to the asylum-seekers.”
Due to the aforementioned, the Executive Director of “Article 42 of the Constitution” addressed the Director of the Supervisory Board of the Bank and requested to give D.M. access to his personal bank accounts based on the temporary ID card of the asylum seeker.
In response to the appeal, D.M. was given the opportunity to access his bank account on the basis of asylum seeker ID card.
“Article 42 of the Constitution” is implementing the project “Protection and Empowerment of Refugees, Asylum seekers and Humanitarian Status in Georgia” since January 1, 2019 with the support of the United Nations High Commissioner for Refugees (UNHCR). Within the framework of the project, the organization's lawyers assist asylum seekers in Georgia to obtain access to the status and enjoy basic human rights through free consultations, advocacy and strategic litigation.
As a result of legal assistance of the lawyer of Article 42 of the Constitution – Archil Chopikashvili, Tbilisi Civil Cour, under decision of July 10, 2019 has satisfied the lawsuit of Manana Tsiklauri against Social Service Agency.
Manana Tsiklauri is a senior social worker at Vake-Saburtalo service-center of Tbilisi Social Service Agency and according to the order of 12.01.2019 of LEPL Social Service Agency, she was given a reprimand and deduction of 30% from her monthly remuneration.
Consequently, after several discussions, the Court has ruled that the sanctions used against the worker were groundless and restored her violated rights.
Legally the court decision can be appealed at the court of appeal and cassation.