Background
The Crime Prevention Center of the Ministry of Justice of Georgia dismissed Ana Subeliani and Tamaz Akhobadze in 2014. According to the court decision, the decision to fire both Akhobadze and Subeliani from work was illegal. The employer stated reorganization as official cause of terminating the employees but the evidence available in the case proved that the reorganization was conducted for the sake of formality, while in reality positions that existed at the agency before the reorganization were not only not abolished but new positions were added and the budget was significantly increased. In this way, the proceedings proved that the employees had been terminated due to certain officials’ biased opinions, not related to the quality of the work that the employees did and their competencies.
Current Situation
Tamaz Akhobadze finally won the court case against the Center for Crime Prevention under the Ministry of Justice of Georgia on the 15th of September, 2017. (Also in the Supreme Court of Georgia, twice).
According to the court decision, the fact that Tamaz Akhobadze was fired, was influenced by the biased decisions of high officials. This decision was not related to his competence and his performance at work. Despite the fact that the Center for Crime Prevention of the Ministry of Justice of Georgia was given an obligation to reinstate Tamaz Akhobadze back to his job position and remunerate for the period of forced absence from the service, the decision has not still come into force so far.
Following the failure to implement the court decision, Akhobdze decided to start the very extreme form of protest – a hunger strike.
The Europe-Georgia Institute fully supports the announcement of Georgian Young Lawyers’ Association (GYLA) which is following:
- To the Center for Crime Prevention of the Ministry of Justice of Georgia – To execute court decision immediately, to reinstate Tamaz Akhobadze to his work and remunerate for the period of forced absence from the service.
- The bodies of the Prosecutor’s Office of Georgia – To launch investigation into the present case and establish wether the crime signs in the actions of the relevant persons are identified.
- National Bureau of Enforcement – to take appropriate measures and execute court decision entered into legal force.
In the democratic society law enforcement and executing court decisions is the most important leverage against the unjust use of powers by the government and high officials in the country, possessed by the general public.
Update
According to the official position of the Center for Crime Prevention of the Ministry of Justice of Georgia published shortly after the hunger strike began, Mr. Akhobadze will be reinstalled at the Center for Crime Prevention of the Ministry of Justice of Georgia as the Head of Youth Projects Department.
We are extremely glad that the situation is resolved so far, though we would like to express our condolences that the situation forced Mr. Akhobadze to start a hunger strike to achieve the fulfillment of the Court’s decision.