The “Young Barristers” protested the decision of Tbilisi City Court against “Liberty Bank” dated May 21 2014 in front of the head office of the bank.
According to statements of co-founder and chief-executive of the “Young Barristers” – Archil Kaikatsishvili, judge Eliso Tukvadze rendered a groundless decision by neglecting provisions set by the parties and defined “Liberty Bank” as an honest contracting party. The mentioned case is about amount paid on December 4th 2013, which was reflected by the bank on December 5th due to “software confirmation failure”. The court groundlessly remarked that a contractual obligation was fulfilled on December 5th, instead of the day set by a schedule and neglected provisions of the contract. “Payment schedule hereby represents an integral part of mentioned contract” and “every amount paid will be counted as a fulfilled obligation, if amount which must be paid on monthly bases will be covered in accordance with specified time frame”.
According to the “Young Barristers”, judge was not able to create a precedential judgment, which would protect interests of many citizens in the future and banks would no longer be able to set unjust fines and penalties against them based on “software confirmation failure”.
Tbilisi City Court indicated that the rendered decision is no longer subject to appeal, since this option has been limited by provisions the provisions. Contract drafted with “Liberty Bank” conflicts with constitution of Georgia, since if citizens are not able to protect their rights at court, they are deprived of right to continue dispute at higher court instances. Provisions like these infringe Article 42nd of Georgian Constitution and principles of rights to fair trial.
The “Young Barristers” launch a civil campaign in the process of revision of contractual relationships between banks and consumers. The organization will try to inform society and reflect absurdity of court judgment. The organization:
- Addresses Government of Georgia and requests to overview the state contract with the “Liberty Bank”, according to which the bank holds monopoly in the market by offering an exclusive service to IDPs and pensioners. However, the bank clearly violates standards of such service and consumers have to receive state aid under hard sunny conditions.
- Addresses High Council of Justice of Georgia in order to study legality of case decision rendered by Judge Eliso Tukvadze on May 21 2014.
- Will address Constitutional Court of Georgia concerning a right to fair trial in order to continue disputes at higher court instances.
- Will turn court decision of Tbilisi City Court dated May 21st 2014 into a subject of public discussion for Georgian and foreign experts of Banking law.
- Will compare decision of Tbilisi City Court dated May 21st 2014 to precedential decisions of the European Court of Human Rights.
- Will provide a legal expertise of contracts between the bank and consumers.
- Will prepare a manual document for human rights protection.
According to Archil Kaikatsishvili, dominance of “Liberty Bank” represents an open monopoly, created with a support of former governing party. The bank may be representing interests of parliament minorities, since the Director General of the bank has been a minister of former government and one of the leaders of former governing party. Based on the factors mentioned above, the legal team of the organization supposes that the rendered decision of Eliso Tukvadze is biased and the court itself lacks independence.