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Human Rights Litigation

How can I take a case to the ECHR?

You must first exhaust all domestic remedies in Georgia (appealing up to the Supreme Court). Then, you have a strict 4-month window to file an application to the European Court of Human Rights in Strasbourg.

What rights are protected by the Georgian Constitution?

The Constitution protects fundamental rights such as life, liberty, fair trial, property, free speech, assembly, and equality before the law.

Can I sue the government for violating my rights?

Yes, you can file an administrative lawsuit against state bodies. If you win, you may be entitled to compensation for material and moral damages.

Is the Public Defender of Georgia an attorney?

No, the Public Defender (Ombudsman) monitors human rights but does not represent individuals in court. However, they can issue recommendations and submit amicus curiae briefs.

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Human Rights Litigation represents a fundamental area of legal practice aimed at protecting the basic rights and freedoms of individuals against illegal actions by the state or private parties. In Georgia, human rights are guaranteed by the Constitution and international treaties, but realizing them in real life often requires an active court battle. This service involves representing clients in courts of all instances (City, Appeals, Supreme), the Constitutional Court, and the European Court of Human Rights (Strasbourg). Cases may concern the right to life, prohibition of torture, right to a fair trial, inviolability of property, freedom of expression, or prohibition of discrimination. A qualified lawyer in this process is the only barrier between the citizen and the arbitrariness of the state machine.

What does Human Rights Litigation service cover?

Legal.ge lawyers offer full-scale legal protection:

  • Criminal Defense: Defending the accused in cases of illegal detention, ill-treatment, or excessive use of force by the police.
  • Administrative Disputes: Appealing acts of state bodies that violate human rights (e.g., illegal dismissal, termination of social assistance).
  • Constitutional Litigation: Filing a lawsuit in the Constitutional Court to annul a law that contradicts rights guaranteed by the Constitution.
  • International Mechanisms: Preparing and submitting applications to the European Court of Human Rights (ECHR) and UN committees once domestic remedies are exhausted.
  • Anti-Discrimination Litigation: Disputes over violations of the right to equality in the workplace, receiving services, or public spaces.

Common Scenarios

Rights violations occur in various forms:

  • Illegal Detention: A person was detained without evidence or their procedural rights were violated during arrest.
  • Property Seizure: The state expropriated private property without proper compensation.
  • Freedom of Expression: A journalist or activist is restricted in their professional activities or punished for expressing critical opinions.
  • Domestic Violence: Protecting the victim and ensuring the issuance of a restraining order.

Georgian Legislation

The primary source is the Constitution of Georgia (Chapter Two - Basic Human Rights). Procedurally, defense is carried out according to the Criminal Procedure Code, Civil Procedure Code, and Administrative Procedure Code. At the international level, the European Convention on Human Rights is crucial, forming an integral part of Georgian legislation. Also important is the Law on the Elimination of All Forms of Discrimination.

Process Stages

  1. Fact Analysis: Identifying the violation of rights and collecting evidence.
  2. Strategy: Choosing defense tactics (negotiation, court, media).
  3. Domestic Disputes: Litigation in national courts (a necessary prerequisite for Strasbourg).
  4. International Dispute: Applying to the ECHR if justice is not restored domestically.

Why Legal.ge?

Protecting human rights requires high qualification and principled standing. Legal.ge gives you access to lawyers who have experience in handling cases at the Strasbourg Court and successful precedents at the national level. Our specialists will fight for your dignity and rights to the end.

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Specialists for this service

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