5.Sep`2009 - Human Rights 3 Human Rights 3 Drafter: Nino Mtvarelishvili – Human Rights Events Manager Seminar/Workshop: Title of Seminar/Workshop: “Right to Fair Trial” Date: September 25, 2009 Location: Tbilisi Academy of Economy and Law Length: 2 hours Speakers: Mikheil Kekenadze – Chief Adviser, Foreign and Economic Policy Department, Office of National Security Council of Georgia, Former Agent (Representative) of the Government of Georgia to the European Court of Human Rights, Ministry of Justice of Georgia, LL.M in International Human Rights Law at Lund University, Sweden 
Nino Nikabadze – Adviser, Department of State Representation to the International Courts of Human Rights, Ministry of Justice of Georgia
Topics elaborated: Nino Mtvarelishvili, Human Rights Events Manager – presented CABIR and its related activities. She introduced the guest-speakers, and thanked the staff of Tbilisi Academy of Economy and Law (www.ael.ge) for the technical support extended to CABIR. In addition the materials related to the discussed topics were delivered to the Tbilisi Academy of Economy and Law for distribution among students and interested person. Mikheil Kekenadze underlined how relevant is for any individual to apply to the court for protecting his/her right and freedom. This right is foreseen at national and international level. It is included in the Georgian legislation, as well as in the European Convention of Human Rights and Fundamental Freedoms. Article 6 of the mentioned convention prescribes the right to fair trial in civil and criminal cases. An individual is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The judgement shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. Nino Nikabadze, spoke in details about concrete cases related to Fair Trial and decisions of the European Court of Human Rights against Georgia. She gave brief information about the work of the Ministry of Justice and in particular of the Department of State Representation to the International Courts of Human Rights. This department is preparing observations on certain cases sent to the European Court and gathers information and facts upon request from the European Court of Human Rights. The participants expressed their interest in the presented topics. They were given possibility to ask questions and be more actively involved in the discussions. The questions were related to certain cases of the European Court, execution of the judgements made by the court and access to them for any interested individual. 
Most relevant questions/answers: Which cases related to the right to fair trial considered the European Court and issued judgements against Georgia? - There are several cases against Georgia on violation of the right to fair trial. These cases are the following: Rijamadze vs. Georgia, Apostoli vs. Georgia, Donadze vs. Georgia, Kidzinidze vs. Georgia, etc. Does the right to a fair trial include the right to free assistance of an interpreter? - Yes, as any individual is entitled to have free assistance of an interpreter if he/she can’t understand or speak the language used in court. Who is responsible for the execution of the judgement made by European Court of Human Rights? - The member state against whom the decision is made should execute the judgement. The Committee of Ministers at the Council of Europe supervises the execution of the judgement made by European Court of Human Rights. Are the judgements against Georgia available to read for any interested person? - All the judgement against Georgia are public and could be found on the official web-site of the European Court of Human Rights in working languages as well as on the web-site of the Ministry of Justice of Georgia in Georgian language. Total number of participants: 23 International Organizations: 3 NGO: 3 Academic Institutions: 9 Government Officials: 8 |