The “Young Barristers“– The prosecutor’s office has commenced proceedings on the “gardens case”

1 January, 2013

Organization the “Young Barristers” address Tbilisi Mayoral election candidates concerning the “Kindergartens case” and request an expression of clear position, according to which a rational decision-making of Tbilisi City Hall administration will be possible on case of citizens dismissed from kindergartens.

According to lawyer of the organization – Nino Isakadze, the prosecutor’s office of Georgia has commenced proceedings on the case in order to define legality of decisions made by high-ranking officials. According to the Tbilisi government resolution dated August 2007, which launched an optimization process of Tbilisi Kindergartens, the institutes transformed into non-entrepreneurial (non-commercial) legal persons and based on decision of the City Hall, the managers of kindergartens were appointed on directors’ positions for a definite period of time. The city government did not fulfill its promise, according to which a contract must have been drafted with the directors. Instead, the city hall announced a call for directors in kindergartens, while none of the director positions in the city had been vacant.

According to the “Young Barristers”, legal grounds of further process of kindergarten directors must be examined as well. The factual conditions state that participants were derived of rights to appeal. These participants did not have access to their works, since Tbilisi City Hall destroyed them at the end of the competition stating, there was no longer need for them. It must be mentioned, that the Hall amended provisions of the competition a few time during the process changing the age of participants from 65 to 60 and abolished a request of teaching experience report, which was afterwards evaluated by the participants as a discriminative act.

The “Young Barristers” will pay attention to another decision of Tbilisi City Hall, according to which a labor relationship with the kindergarten directors was terminated without issuance of another legal act. The factual and legal conditions prove that Tbilisi City Hall abolished what never existed. Former directors of kindergartens evaluate decision of Tbilisi government as a dismissal on political grounds. Participants beyond the competition remark that Tbilisi City Hall dismissed all staff members, who do not share interests of former governing party, do not fulfill missions of the party and what is more, some staff members were directly chosen on grounds of nepotism.

The “Young Barristers” address future candidates of Tbilisi Mayoral Elections with an offer to create a committee of those dismissed on political grounds, stating that a proper investigation of the case is of the essence. In addition to abovementioned, Tbilisi City Court rendered a decision against Tbilisi City Hall, but the court of appeals upheld the resolutions leaving them in force. The case was left unheard by the court of cassation, although the injured party state, that hearings of first instance were monitored by international representations, which was not presented at the court of appeals. Therefore, the dismissed staffs of kindergartens evaluate further decisions of Tbilisi Court of Appeals and Supreme Court of Georgia as fulfillment of political missions. 



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