One of the missions of the Legal Aid Service is the protection of the social rights of the victims of political repression.
Legal Aid Service proposes to the victims of political repression free legal consultations for the protection of their social rights. They obtain face to face as well as telephone/online consultation. Legal Aid Service provides free legal representation for the disputes related to the victims of political repression only in case if the person is socially vulnerable and the case is particularly complex or important.
Following persons shall be considered to be the subject of political repressions:
- Citizens who have undergone political repression on the territory of former USSR since February 1920 till October 28, 1990 and later on the territory of independent Georgia.
Victims of political repression are following:
- Person who has directly suffered political repression
- Spouse, child (adoptive child), parent and sister/brother, who has accompanied the victim in the place of deprivation of liberty or exile or expulsion from home, or special settlement.
In order to obtain the status of the victim of political repression, the defendant should be convicted of:
- Anti-Soviet or anti-revolutionary campaign or propaganda;
- Crime directed against revolution or rule of government and dangerous for Soviet Union;
- For the violation of the separation of the Church from the State;
- Deliberate dissemination of false information defamatory for State and community;
- Escape from correction facility, exile, expulsion, special settlement institution, in which the person was placed as the result of political repression.
- Violation of the human rights and freedoms in the course of execution of religious ritual.
- Shall also be considered as victim of political repression the persons convicted by ГПУ-
- ОГПУ“-ს, „ВЧК“-ს, „УНКВД-НКВД“-ს, „МГБ“-ს, „КГБ“-ს, „МВД“-ს, or special troika or dvoika as well as the persons exiled, expelled or placed in special settlement.
The recognition of the person as victim of political repression, the restoration of his rights is possible by way of application to the court. Persons eligible to apply to the court are the victim of political repression, his/her heir or legal representative.
Victims of political repression, invalid spouse of the deceased victim, parent or child (adoptive child), whether employed or not are entitled to monthly retirement wage. In case of death of the victim of political repression, his child with PDW status shall be entitled to social package. The person recognized to be the victim of political repression shall be restored in all political, civil and other rights, shall retrieve military or other type of special ranks, as well as retrieve State awards.
- Constitution of Georgia
- European Convention on Human Rights and Freedoms
- International Covenant on Civil and Political Rights
- International Covenant on Economic, Social and Cultural Rights.
- Law on Georgia on “Recognition of Person as Victims of Political Repression and their Social Protection”
- Administrative Procedure Code of Georgia
- July 23, 2012 Decree N.279 of the Government of Georgia on the determination of social package.
- July 2016, 1 July Decree N. 294 of the Government of Georgia.
- Decree of Government of Georgia on bringing modification into July 23, 2012 Decree N.279 of the Government of Georgia on the determination of social package.
Scope of Service
In the course of conducting defense on civil and/or administrative cases, the lawyer of Legal Aid Service, as the rule conducts following actions:
- Reviews the information and case materials.
- Meets with the client and provides legal advice.
- Analyzes the information related to the case, ensures the collection of evidence and submission with the court for the purpose of successful conduct of the case.
- Represents the client in court.
- Drafts legal documents related to the case – motions, claims, counterclaims, motions complaints, applications.
- Informs the client an in case of necessity his/her legal representative on the course of conduct of the case.