The organization  “Young Barristers” appeals to the judiciary,  to act for the best interest of the child in record of the juvenile Kakhurashvili’s case and demands, to make it possible to exercise the right to the fair trial.           

According to the co-founder of the “Young Barristers” and the advocate of the juvenile Giorgi Kakhurashvili, Marika Arevadze, Tbilisi City Court will resume consideration of the case on June 4, 2015. The organization has already submitted information about the most important evidences of the case to the Chair of the Supreme Court of Georgia, Nino Gvenetadze, international organizations and the Diplomatic Corps in Georgia. Due to the reason, that the case is under consideration of the judge Zaza Martiashvili, who had previously refused to accept the dispute  twice  and on April 16, 2015,  postponed court hearing for two months, without any justification, violating the best interests of the child, there is a high probability, that the court won’t be able to defend Giorgi Kakhurashvvili’s interests and thus will fail to ensure fair development of the child’s future.     

The “Young Barristers” believe, that the case is about the juvenile, Giorgi Kakurashvili’s future. More particular, it refers to the juvenile’s property right. Namely, a real estate,  belonging to  juvenile, G. Kakhuashvili, was  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 an  annual interest rate of the loan , reaching  60%,  it was  impossible for the family to succeed  and the property, owned by the  juvenile G. Kakhurashvili  was sold through the auction on June 4, 2012. For that time, the  Kakhuashvili’s family  had already covered about 8 200 USD of the loan in favor of the MFO “Georgian Capital”. The new owner of the property has twice  requested   for coercive measures  for the juvenile’s  eviction from the property. However, by June 1, 2015, an enforcement procedure has been  temporarily suspended. The key mistake of the case, is   that, in the process  of concluding property loading  agreement , no one, including the notary,  had ever explained to the parents of the juvenile, that in accordance with the current international and domestic  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. Due to the good will of the Government, enforcement procedure is suspended for now.

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 being  supported  by the Ministry of Labor, Health and Social Affairs of Georgia

According to Marika Arevadze, court hearing of June 4, 2015, is still attracting high public and media interest. If domestic legal mechanisms  fails  to establish the truth over the case, the “Young Barristers” is going to appeal to the European Court of Human Rights.