The LEPL Agency for State Care and Assistance For the (Statutory) Victims of Human trafficking helps the Tbilisi City Court’s decision not to be enforced, doesn’t issue administrative penalties for the violators for not complying the rules, which is stated by the court and doesn’t establish a temporary rule, which deals with the grandmother’s relationship with her grandchild, thus contributing the use of selective law in the case of high public interests and violates the rules established by the Law of Georgia on Social Work. The non-governmental organization “Young Barristers” spreads the statement about that.
According to the “Young Barristers”, The Tbilisi Court of Appeals Civil Cases Panel is reviewing the case of sending back the Czech and EU citizen minor to the Republic of Cyprus or leaving her in Georgia for residence purposes, based on the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. On June 9, 2020, the court has forbidden one of the child’s legal representatives, a Russian citizen, Olivia Antony to take her child out of Georgia. The basis of this decision was the joint operation of the LEPL Agency for State Care and Assistance For the (Statutory) Victims of Human trafficking and the MIA Tbilisi Police Department Vake-Saburtalo 4th section, on May 29, June 1 and 2 of 2020, which resulting in transferring the minor from one of the legal representative to other legal parent, against the child’s will. (in order to check the legality of these actions, there is a dispute presented in Tbilisi City Court.) The Appeals court has fully shared the legal justification of Archil Kaikatsishvili, who is the head of “Young Barristers”, as well as, the representative of the minor and her father, who are both the citizens of EU and Czech republic, affecting the objective threat from the mother, Olivia Antony – who can, both, legally or illegally ways take the child out of the country, due to the revenge motives on the husband.
The LEPL Agency for State Care and Assistance For the (Statutory) Victims of Human trafficking doesn’t respond to the unlawful actions of the legal representative of the minor, Olivia Antony – she has an obligation to have communication with other parent, based on the 22 October, 2019 temporary decision. As the baby is with her mother now, she has such kind of obligation, based on the 1203 Article of the Civil Code of Georgia, to ensure that 74 year old grandma has communication with her grandchild. Such kind of Olivia Antony’s actions justified by the Tbilisi Vake-Saburtalo regional centre head/acting head Nino Iobashili and Tbilisi Social Service City Centre head Giorgi Epitashvili.
“Young Barristers” specially notes out, that the presented evidences and factual information in the case files, makes justified assumption, that in the name of the best interests of the child, the mentioned workers of the agency: Nino Iobashvili and Giorgi Kupreishvili, does the full discredit, demoralization of the legal representative of the minor – the father, which is presented by the actions of them – giving the legal advices and showing support of Olivia Antony, in particular, based on what kind of strategy, actions to have to “protect” the minor from her father. Therefore, the law of Georgia is violated as well as all the action standard of the Social Service agency. There is no reaction from the Audit Agency on the mentioned pretention and malefaction, who should be independent structure, which, on its own, which is busy, hiding the facts of misconduct under their own agency. And such kind of unlawful silence on the above mentioned violations of the law encourages lawlessness.
There is no kind of minimal opportunity to protect the right, as the Social Service Agency of Georgia doesn’t listen to the citizen of EU and they don’t care about the argumentation, on the open and direct support of the side of the case – Olivia Antony, thus, making justified assumption about the motives of corruption on the hidden agreements. The father from the birth of child takes care of her and the baby has attachment on her, and Olivia Antony – the mother, based on the Prague Court’s enforced decision, is addicted to narcotics and doesn’t have the skills to take care of baby. The silence of Social Service agency’s employees is crime and its double standard. The facts given to the Social Agency, in particular, the European Court’s decision, is nothing, and isn’t interested in studying the case and/or making special measurements.
The abovementioned workers actions is shameful, based on the organization’s assessments, and categorically demands their activities to be investigated in order for them to be held accountable. Therefore the competence of Nino Iobashvili and Giorgi Kupreishvili does the base to think of bias and selfishness.
“Young Barristers” address The LEPL Agency for State Care and Assistance For the (Statutory) Victims of Human trafficking director to take responsibility about the unlawful actions happening in the his system. The organization won’t consider any actions, which is against the best interests of the child in the process of juvenile justice reform. The organization address the agency to immediately respond to not fulfilling the court’s decision, take disciplinary action against Olivia Antony and to arrange the contact of the minor with her grandma immediately. The organization has already submitted these requests to the state agency, but to no aval.
To note out: the “Young Barristers” started to process in November 2019, after first instance court’s decision. The Tbilisi Court of Appeals reviews the case with 3 judges: Natalia Nazgaidze (chairman), Maia Sulkhanishvili, Maia Gigauri, in the first instance – Irina Zarqua reviewed it. The party assumes that the wrong decision has been taken due to the deadline, on the last day of 6 month limit. The Georgian Judiciary System reviews its 7 th case on that 1980 Hague Convention. The organization’s head, Archil Kaikatsishvili represents the interests of the minor and her legal representative – the father in the Georgian Court.
NGO “Young Barristers”
Archil Kaikatsishvili, lawyer, head of “Young Barristers”
Phone: (+995) 2 953518
e-mail: [email protected]