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Lia Mukhashavria lawyer
and the Chairperson and founding
member of Human Rights Priority, an NGO which provides legal assistance
to victims of human rights violations, was fined by the Tbilisi City Court in
Georgia for “minor hooliganism” and acts of harassment.
The court found that Lia
Mukhashavria was in breach of Article 166 of the Administrative Code of
Georgia. Article 166 of the Administrative Code of Georgia defines “minor
hooliganism” as using foul language, cursing, insulting citizens and
similar activities in a public place. The finding was based upon the
allegations of Manana Sosebashvili, who accused Lia Mukhashavria of harassing
her while carrying out her professional duties and of representing her
friends in a private dispute. The allegations of harassment were reported
by the Patrol Police officers, who themselves allegedly witnessed but
ignored reports of harassment of Lia Mukhashavria by Manana Sosebashvili
herself. Lia Mukhashavria has announced her intention to appeal against
the decision.
It is believed that the
case against Lia Mukhashavria is related to her work in defending human
rights in Georgia, particularly by representing victims of human rights
abuses in cases against the state authorities. For example, the Judge in
the case of 11 October, Judge Tina Shaverdashvili, has known Lia
Mukhashavria personally for many years, and last year presided over a
case in which Lia Mukhashavria represented more than sixty Tbilisi State
University professors. Lia Mukhashavria is particularly well known for
her work in 2004 representing unlawfully imprisoned former mayor Tengiz
Asanidze in Asanidze v Georgia, the first case to be considered against
Georgia at the European Court of Human Rights.
In particular, Lia
Mukhashavria has more recently adopted a strategic litigation approach in
relation to human rights violations suffered by civilians during the
August 2008 war. This aims to exhaust all domestic legal remedies for
victims rather than submitting applications directly to the European
Court of Human Rights as other organisations in Georgia have done. This
has reportedly been deemed un-patriotic by the authorities.
Front Line believes that
the case against Lia Mukhashavria is directly related to her work in the
defence of human rights, in particular the rights of victims of human
rights abuses. Front Line is concerned for the physical and psychological
integrity of Lia Mukhashavria.
Front Line calls on the
Georgian authorities to:
1. Immediately drop all
charges against Lia Mukhashavria as it is believed that these measures
have been taken against them solely on account of their legitimate and
peaceful work in defence of human rights;
2. Ensure the physical and
psychological integrity of Lia Mukhashavria;
3. Guarantee in all
circumstances that human rights defenders in Georgia are able to carry
out their legitimate human rights activities without fear of reprisals,
and free of all restrictions including judicial harassment.
MODELE DE LETTRE
AGISSEZ AU PLUS VITE !
(Remerciements
à Frontline )
[Your name here]
Your Excellency,
On 11 October
2009, human rights defender Ms Lia Mukhashavria was fined by the Tbilisi City
Court in Georgia for “minor hooliganism” and acts of harassment. Lia
Mukhashavria is a human rights lawyer, and the Chairperson and founding
member of Human Rights Priority, an NGO which provides legal assistance
to victims of human rights violations.
The court found
that Lia Mukhashavria was in breach of Article 166 of the Administrative
Code of Georgia. Article 166 of the Administrative Code of Georgia
defines “minor hooliganism” as using foul language, cursing, insulting
citizens and similar activities in a public place. The finding was based
upon the allegations of Manana Sosebashvili, who accused Lia Mukhashavria
of harassing her while carrying out her professional duties and of
representing her friends in a private dispute. The allegations of harassment
were reported by the Patrol Police officers, who themselves allegedly
witnessed but ignored reports of harassment of Lia Mukhashavria by Manana
Sosebashvili herself. Lia Mukhashavria has announced her intention to
appeal against the decision.
It is believed
that the case against Lia Mukhashavria is related to her work in
defending human rights in Georgia, particularly by representing victims
of human rights abuses in cases against the state authorities. For
example, the Judge in the case of 11 October, Judge Tina Shaverdashvili,
has known Lia Mukhashavria personally for many years, and last year
presided over a case in which Lia Mukhashavria represented more than
sixty Tbilisi State University professors. Lia Mukhashavria is
particularly well known for her work in 2004 representing unlawfully
imprisoned former mayor Tengiz Asanidze in Asanidze v Georgia, the first
case to be considered against Georgia at the European Court of Human
Rights.
In particular,
Lia Mukhashavria has more recently adopted a strategic litigation
approach in relation to human rights violations suffered by civilians
during the August 2008 war. This aims to exhaust all domestic legal
remedies for victims rather than submitting applications directly to the
European Court of Human Rights as other organisations in Georgia have
done. This has reportedly been deemed un-patriotic by the authorities.
I believe that
the case against Lia Mukhashavria is directly related to her work in the
defence of human rights, in particular the rights of victims of human
rights abuses. I am concerned for the physical and psychological
integrity of Lia Mukhashavria.
I call on the
Georgian authorities to:
1. Immediately
drop all charges against Lia Mukhashavria as it is believed that these
measures have been taken against them solely on account of their
legitimate and peaceful work in defence of human rights;
2. Ensure the
physical and psychological integrity of Lia Mukhashavria;
3. Guarantee in
all circumstances that human rights defenders in Georgia are able to
carry out their legitimate human rights activities without fear of
reprisals, and free of all restrictions including judicial harassment.
Yours sincerely,
[Signature]
AGISSEZ AU PLUS VITE !
MERCI D'INTERVENIR IMMÉDIATEMENT
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