Human rights protection is a broad and paramount field of law that encompasses the fundamental freedoms of individuals against state arbitrariness. In Georgia, human rights standards are defined by both the local Constitution and international conventions. This service covers a wide spectrum of rights: the right to life, prohibition of torture, right to a fair trial, privacy, and property rights. When state institutions (police, prosecutor's office, courts, administrative bodies) violate these rights, citizens need highly qualified legal assistance to restore justice.
Human rights advocacy often extends beyond national courts. When domestic remedies are exhausted without result, the dispute shifts to the international level, specifically to the European Court of Human Rights (ECHR) in Strasbourg or relevant UN committees. Specialists featured on Legal.ge offer a comprehensive service: starting from identifying the violation of rights to strategic litigation at local and international levels. It is a fight for dignity, freedom, and justice.
What does the Human Rights service cover?
- Filing Applications to Strasbourg (ECHR): Preparing and submitting applications to the European Court of Human Rights regarding violations of rights guaranteed by the Convention.
- Right to a Fair Trial: Defense against proceedings where the presumption of innocence, right to counsel, or principle of trial within a reasonable time are violated.
- Combating Torture and Inhumane Treatment: Legal response to instances of mistreatment in penitentiary institutions or by police.
- Protection of Property Rights: Disputes regarding unlawful confiscation of property by the state or expropriation without adequate compensation.
- Unlawful Detention: Appealing illegal deprivation of liberty and seeking compensation.
- Constitutional Litigation: Challenging normative acts in the Constitutional Court if they contradict constitutional rights.
Common scenarios requiring this service
A typical scenario is when a person is sentenced to imprisonment without evidence, or the trial was conducted with serious violations (e.g., denied the right to examine witnesses). After exhausting domestic instances, the lawyer prepares a complaint to Strasbourg regarding a violation of Article 6 (Fair Trial). Another scenario is the beating of a prisoner or lack of medical care in prison, constituting a violation of Article 3 (Prohibition of Torture). A third case involves the seizure of land for "state needs" without the owner receiving adequate compensation.
Georgian Legal Framework
The national basis for human rights protection is the Constitution of Georgia. At the international level, the primary document is the European Convention on Human Rights (ECHR), to which Georgia has been a party since 1999. Also significant are the Criminal Procedure Code and the Imprisonment Code. Decisions of the Strasbourg Court have precedential value, and Georgian courts are obliged to take them into account.
Step-by-step service process
The process begins with exhausting domestic legal remedies (first instance, appellate, Supreme Court), as this is a necessary prerequisite for an international dispute. Within 4 months (previously 6 months) of the Supreme Court's final decision, the lawyer must prepare and send a complete application to Strasbourg. ECHR procedures are complex, and even a minor violation of formal requirements leads to the application being declared inadmissible. If successful, the state is obliged to pay compensation to the victim and sometimes re-examine the case at the national level.
Why choose a specialist on Legal.ge?
Protecting human rights, especially at the international level, requires the highest qualification and in-depth knowledge of convention law. On Legal.ge, you will find lawyers who have real experience in litigating cases at the Strasbourg Court and can effectively defend your fundamental rights.
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