Since April 15, indigent part of the population has started to receive a state ensured advocacy service on civil and administrative cases. After a short time from launching the service, with effort of the LAS Tbilisi bureau lawyer, Abel Gegia, a pensioner woman, M.K. could win a dispute with the Ministry of IDPs from the Occupied Territories, Accommodation and Refugees of Georgia.
The Ministry removed the status of an IDP from Abkhazia from M.K. in March of last year and stopped paying her financial aid. As the grounds to this decision, the Ministry indicated that the woman left the territory of Abkhazia until 1991 which means that she did not have to leave the place in the period of war. Accordingly, M.K. did not meet the criteria established for granting the status of an IDP.
The single pensioner decided to appeal the decision of the Ministry but could not afford to hire an attorney. That’s why she applied to Legal Aid Service for free legal aid.
The public attorney, Abel Gegia, could convince the court that the corresponding administrative act of the Ministry was not lawful. As a result, Tbilisi City Court fully satisfied the suit of M.K. Namely, the Ministry was obliged to restore the status of an IDP and compensate he for the damage.
In case if the defense party appeals the decision of the first instance court to the court of higher instance, Legal Aid Service will defend interests of M.K. in the appellate court too.
It is worth to mention that on the same type of cases, the state ensured advocacy service has become available since April 15, 2015. On the bases of complexity and importance of a case, the insolvent persons are appointed the LAS attorney on the cases of family and inheritance disputes, as well as on matters of social protection and rights of the IDPs.