Protecting religious freedom in criminal proceedings involves two main aspects: on the one hand, defending individuals accused of restricting others'' religious rights (e.g., persecution - Article 156), and on the other hand, representing the interests of those whose religious freedom has been infringed. In Georgia, freedom of religion and belief is guaranteed by the Constitution, but in practice, conflicts often arise that escalate into criminal disputes. This service focuses on criminal cases where the central issue is a religious motive. Accusations may relate to persecution on religious grounds, abuse of official authority with a religious motive, or conversely, defending an individual against baseless accusations that they infringed on others'' religious rights. A qualified lawyer helps the client navigate legal labyrinths, protects them from discriminatory treatment by law enforcement agencies, and ensures an objective hearing of the case.
Service content and specifics
Lawyers working on religious freedom cases offer clients specialized services that require deep knowledge not only of criminal law but also of international human rights law. Key areas include:
- Defense against persecution charges (Article 156): If a person is accused of persecuting a human due to their religious belief, the lawyer works to refute the charges, challenge evidence, and present alternative versions.
- Protection of victim''s rights: If the client is a victim of a crime committed on religious grounds, the lawyer ensures the protection of their interests during the investigation and trial stages, demanding appropriate qualification and compensation for damages.
- Use of constitutional and international mechanisms: If necessary, litigating in the Constitutional Court or the European Court of Human Rights (Strasbourg) if domestic instances fail to provide effective protection.
- Legal support for religious organizations: Prevention of criminal risks and consultation for religious associations so that their activities do not go beyond the legal framework.
Common legal situations
Criminal cases related to religious freedom are diverse:
- Workplace persecution: A public official or private individual is accused of firing or harassing an employee due to their religious views (when this contains signs of a criminal offense).
- Physical violence with a religious motive: A fight or assault where the motive was the victim''s religious affiliation. Here, the lawyer defends the accused against the incorrect application of aggravating circumstances (religious motive) or, conversely, defends the victim.
- Proselytism and its limits: Accusations related to "forced" conversion or religious propaganda, which are sometimes incorrectly qualified as persecution or coercion.
- Wearing religious symbols: Conflicts regarding the ban on wearing religious attributes in public or private spaces, which may escalate into physical confrontation.
Legal regulations
Religious freedom is protected at the highest level in Georgia, although its violation is punishable:
- Criminal Code of Georgia: Article 156 (Persecution) is the main article prohibiting the persecution of a person due to speech, thought, conscience, confession, faith, or belief. Also important is Article 53, which considers a religious motive as an aggravating circumstance for other crimes.
- Constitution of Georgia: Article 16 (Freedom of belief, confession, and conscience).
- International Covenant on Civil and Political Rights: Article 18, which is also part of Georgian legislation.
Process and expectations
The process of working with a lawyer is transparent and consistent:
- Identification of facts: The lawyer determines whether the act was driven by a religious motive, which is crucial for the qualification of the case.
- Strategy planning: Developing defense or prosecution tactics, including selecting witnesses and appointing expertise.
- Procedural representation: The lawyer''s participation in all investigative actions and court hearings.
- Result orientation: The goal is full rehabilitation of the client''s rights or emerging from the situation with minimal damage.
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