The organization “Young Barristers” responds to the Tbilisi City Court judge, Zaza Martiashvili’s decision of  April 16, 2015 on the juvenile G. Kakhuashvili’s case. Despite the high social and media interest towards the case, the judge has postponed court hearing till June 4, 2015,. The  judge’s decision is beyond any critic. Surprisingly, the multicity of the citizens gathered in the hall of hearing, attendance of the representatives of mass-media, monitors, international and domestic organizations,  has become the reason for postponing the court  hearing .  The claimants represented  a  specifying application regarding  the case and  requested the court to grow the  preliminary hearing into the main hearing and asked for a short time break, in order to make it possible for the  defendants to get acquainted with the essence of the new application. However, ignoring the high social interest towards the case, the judge has unexpectedly declared the sitting  closed , after  2 minutes from its opening. Such attitude was followed by the protest  on behalf of  the juvenile’s mother, attending the court hearing. She submitted the European Convention on the Exercise of Children’s Rights to the court, in order to prove  the groundlessness and injustice of the  decision passed. The organization shares the protest expressed by the Kakhurashvili’s family and considers, that the judge,  Zaza Martiashcili, has ignored the best interests of the child, postponed the hearing for 2 months period, and thereby  endangered juvenile Kakhuashvili’s rights and legal interests. This could only serve to contribute to the enforcement procedure raised as a result of the currently disputed contract. Enforcement procedure is  temporarily  suspended  due to the good will of the Government.

The “Young Barristers” is going to introduce main directions of the new strategy towards the juvenile G. Kakhuashvili’s case before scheduled court hearing on June 4, 2015 and represent some new initiatives regarding the case, for the legal dispute , that is being considered within the Common Courts System , is precedential, having  no analogue in the  practice of the Georgian Courts.

It should be one more time noted, that the case is about the  juvenile’s property right. Namely, the real estate belonging to the juvenile, G. Kakhuashvili, was mortgage  loaded in favor of the MFO “Georgian Capital” in return for  the loan of 7 000 USD. The  loan was taken for the development of  agricultural activities. However taking into account  the loan’s annual interest rate , reaching  60%,  it was  impossible for the family to succeed  and the property, owned by juvenile G. Kakhurashvili  was sold through the auction on June 4, 2012. For that time, the  Kakhuashvili’s family  had already covered about 8200 USD of the loan in favor of the MFO “Georgian Capital”. The new owner of the property has twice  demanded the use of the coercive measures towards the juvenile for his eviction from the property. However, by April 16, 2015, an enforcement procedure has been  temporarily suspended. The key mistake of the case, is  the fact, that, at the time of concluding the agreement on the  property loading , no one, including the notary,  has ever explained to the parents of the juvenile, that in accordance with the current international and internal  legislation, they were not entitled to their juvenile child’s  property dispose. This property has been passed to the child from his grandfather, as a gift.

The Kakhuashvili’s family had appealed to the court of first instance 7 times, however the court had refused to consider the case in every single time. Despite this, the family tried to restore the   violated  rights one more time. And the court of appeal had finally received the case for consideration. The  recommendations regarding the case have been issued by both, the Public Defender’s Office of Georgia and the Committee on the Human rights and Civil Integration of the Parliament of Georgia. In accordance with these recommendations, the Chairperson of the National Bureau of Enforcement, was requested  to suspend enforcement procedure due to the best interests of the child.

The “Young Barristers” has started it’s representation in record of the case, since 2014. The organization has managed to renew the proceedings  and suspend  enforcement procedure. It should also be noted, that throughout an entire period, the family is  assisted by the Ministry of Labor, Health and Social Affairs of Georgia.

The case is considered by the judge, Zaza Martiashvili, who had  twice refused to accept the it in the past. The interest of the juvenile   is represented by the member of the founding board  of the organization “Young Barristers”, the lawyer specialized in  civil law, Marika Arevadze.