Ethnic discrimination (Article 142) and related charges are strictly punished under Georgian legislation, as ethnic equality is a fundamental part of the country''s constitutional order. Ethnic discrimination defense involves legal assistance for individuals accused of violating human rights based on ethnic origin or inciting ethnic strife. These are extremely complex categories of cases, where freedom of expression and hate speech often collide. Charges can be based on public speeches, social media activity, employment decisions, or physical actions. The primary goal of a defense lawyer is to determine whether the act actually contained a discriminatory motive, or if it was a misunderstanding, a personal conflict, or a phrase taken out of context. Qualified legal representation is vital to prevent stigmatization and baseless criminal liability.
Role of the lawyer and services
Lawyers specializing in ethnic discrimination cases offer clients in-depth services:
- Study of factual circumstances: Detailed analysis of what actually happened. Often, an ethnic motive is artificially attributed by the prosecution to an ordinary domestic conflict.
- Analysis of evidence: Checking the validity of electronic evidence (messages, posts) and witness testimonies.
- Expertise: Engaging psychological and linguistic expertise to determine the real content and purpose of statements.
- Procedural defense: Protecting the client''s rights during arrest, search, and interrogation.
- Strategic defense in court: Presenting a reasoned position before a jury or judge that dispels the prosecution''s version.
Common charges and scenarios
Charges of ethnic discrimination can manifest in various forms:
- Employment discrimination: When an employer is accused of refusing to hire or firing a representative of a specific ethnic group.
- Incitement of ethnic strife: Public calls for violence against a specific ethnicity (which is a criminal offense, not just expression of opinion).
- Refusal of service: A restaurant, hotel, or other facility refusing to serve a client due to their ethnic origin.
- Violent crime with an ethnic motive: When an ordinary fight or bodily injury is qualified as a crime committed with ethnic intolerance (an aggravating circumstance).
Legislation
Georgian legislation contains clear regulations:
- Criminal Code of Georgia:
- Article 142: Violation of human equality based on ethnicity.
- Article 53 (3^1): The motive of ethnic intolerance is considered an aggravating circumstance for any crime.
- Law on the Elimination of All Forms of Discrimination: Creates anti-discrimination mechanisms and defines the concept of discrimination.
Why is a lawyer important?
An accusation of ethnic discrimination is not just a legal problem; it is a reputational disaster. An experienced lawyer not only protects your liberty but also cares for your name. The process includes:
- Initial consultation: Risk assessment.
- Investigation stage: Active participation in gathering evidence.
- Court: Effective presentation of the defense position.
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