The Georgian NGO “Young Barristers” requests the Court of Appeal to follow procedural terms on juvenile Kakhurashvili’s case

29 July, 2015

“Young Barristers” would like to express its concern about Micro Financial Organization (MFO) “Georgian Capital”, which used its procedural right to file against juvenile Giorgi Kakhurashvili in Tbilisi Court of Appeals. The case refers to the juvenile  Kakhurashvili’s property. As it is known, on June 4, 2015, the judge, Zaza Martiashvili, upheld the claim of the plaintiff  Kahurashvili. The court has declared the mortgage agreement, according to which the property of the juvenile was loaded, invalid. Before June 4, 2015, the Kakhuashvili’s family had appealed to the court of first instance 7 times, however court  refused to consider the case in every single time. Despite this, the family tried to restore violated  rights one more time and finally, the case was accepted  for consideration by the Court of Appeal decision .

The organization is surprised by MFO’s decision, as long as Tbilisi City Court has adopted  precedential decision regarding Kakhurashvili’s case and the judgment was well-justified on the ground of both, international and local legislation. Accordingly, we believe, that appeal, prepared by MFO, doesn’t have any prospect in the further instances and it may only serve to the desire to drag out the time.   

“Young Barristers” appealed to Tbilisi Court of Appeal with the request to discuss the case without violating terms of discussion and to take into consideration juvenile’s interest and as a result make judgment without any delay. In addition, on July 29, 2015, “Young Barristers” appealed to the Chairman of the Supreme Court of Georgia, Nino Gvenetadze with an open letter. “Every single day is of outmost importance for Giorgi and we hope, that the judiciary will be on its top on the second level like it was on the first level. We expect, that the Court of Appeal will regard juvenile’s interests as preferential and consider the case in accelerated terms, by neither fully using nor  violating procedural terms. It is up to the court again, whether it acts in accordance with juvenile’s best interests and in compliance with  requirements of the European Convention on the Exercise of Children’s Rights or not”- says the letter.

Currently, the case is under consideration of the judge of the Court of Appeals,  Ketevan Meskhishvili. The co-founder of the organization “Young Barristers”, Marika Arevadze, will represent interests of the juvenile Kakhurashvili.

 


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