Interview with Salome Tsiklauri (the Georgian Young Lawyers’ Association)

Could you elaborate on your current professional role? How does the organization promote Human Rights?

I serve at the Georgian Young Lawyers’ Association (GYLA), one of the preeminent non-governmental organizations in Georgia. Our organization is committed to advancing global human rights and operates across various domains, including the provision of free legal aid and litigation services. We represent clients in both domestic courts and at the European Court of Human Rights. Our responsibilities also encompass monitoring the efficacy and integrity of state institutions, including judicial bodies, as well as observing electoral processes. Within the organization, I am part of the strategic, particularly international, litigation team, where we engage with cases at the European Court of Human Rights (ECtHR) and the United Nations.

Can you discuss some of the Human Rights cases you have handled?

I have been involved in representing victims of 2008 Russia-Georgia war and subsequent occupation of Georgian territories by the Russian Federation, advocating on behalf of up to 400 individuals at the ECtHR. This representation includes cases concerning individuals whose family members have been killed/tortured including national heroes, and those who have been forced to leave their homes. In 2022, we submitted our written observations with regards to these cases and taking into account the Russian Federation’s expulsion from the Council of Europe and the likelihood of they not fulfilling their obligations in respect to just satisfaction, we have asked the Court to establish a comprehensive international compensation mechanism for victims (Georgia’s 2008 war against Russia: who will pay compensation for the victims? (justiceinfo.net)).

The access to these regions has been restricted. In 2016, a Georgian citizen, Giga Otkhozoria was shot while he had wished to take food for a funeral to a village in Abkhazia within the effective control of the Russian Federation. This case, which was initiated by our organization, resulted in a favorable ruling from the ECtHR, declaring that the Russian Federation violated Article 2 of the European Convention (Right to Life), and mandating that Russia should provide economic compensation of EUR 130 000 (https://www.youtube.com/watch?v=7gdQ97jR3bw).

Could you detail your work related to women’s rights?

We represent the families of women who have fallen victim to femicide, and we have successfully litigated numerous such cases. Tragically, many of these women had previously sought assistance from law enforcement, which was aware of their status as victims of domestic violence. The Georgian state has issued compensatory payments to the families of victims; however, we advocate for more comprehensive preventative measures. Our litigation efforts are designed to establish systemic significance within Georgia’s legal framework. Although the legal statutes appear robust, the practical implementation remains inadequate. We further advocate for the accountability of both perpetrators and the state agencies that neglect their responsibilities, such as the officials of the Police station who refuse to take a potential victim’s report over a situation of violence.

I provide analytical insights into the current landscape of domestic violence in Georgia, along with specific recommendations to enhance protections for victims including before the Committee of Ministers of the Council of Europe (https://hudoc.exec.coe.int/?i=DH-DD(2023)1312E). In addition, more broadly our organization implements activities for women’s rights, such as preparing detailed research reports and international submissions, providing assessments of current framework, practice and recommendations for improvement.

I understand that the organization has participated in cases of freedom of speech, such as in the repression to the protests against Sergei Gavrilov. Could you please provide some context for the readers and tell us about the GYLA’s participation?

For context, a large-scale protest that erupted after Russian MP Sergei Gavrilov, in June 2019, addressed a session of the Interparliamentary Assembly on Orthodoxy (IAO) from the Speaker’s Chair in the Georgian Parliament, giving his speech in Russian. The background of the protests was due in Georgia’s strained relationship with Russia, particularly since the 2008 Russo-Georgian War, when Russia recognized the independence of the Georgian regions of Abkhazia and Tskhinvali Region, effectively occupying them. The presence of a Russian MP in a prominent position of authority within the Georgian Parliament, was seen as a symbol of Russian influence and provocation. The protests were strongly repressed by the government.
We litigated a case concerning police violence during these protests, which is currently pending before the Grand Chamber of the Court (https://hudoc.echr.coe.int/eng?i=001-233412)

We are actively engaged in cases involving the freedoms of assembly, expression, and speech, representing journalists who have endured mob attacks and individuals detained during the protests of the “foreign agents law” (MEKVABISHVILI v. GEORGIA (coe.int)). Furthermore, GYLA fulfils watchdog functions and monitors and documents all major assemblies in Georgia.

What insights can you provide regarding Russia’s role in the 2008 war and the ECtHR’s stance?

In 2021, the ECtHR acknowledged Russia’s responsibility for actions commencing on August 12 during the conflict. Although the ECtHR only considered the facts after 12 August 2008, we have urged for an individual assessment of the circumstances, as the evidence clearly indicates violations from the Russia’s side also during 7-12 August 2008.. We also represent individuals from other nations, including Dutch journalists, who had been killed during the shelling of Georgia (the case of Stan Storimas Journalists Killed in 2008 – Motive Confirmed: Stan Storimans | Refworld).

Overall, international litigation represent a much needed pathway for the Georgian people to seek justice on a global stage. It offers the opportunity to address grievances and hold those responsible accountable, a fundamental hope for restoring fairness and equity. The organization is deeply committed to playing an active role in this process, whether through the legal expertise and litigative representation, the advocacy or any other means of support to the victims.

Share this on social media