Sapari is protecting the interests of a woman victim of violence E.B. and her underage child.
E.B. was a victim of violence by A.J, a police officer. In order to escape the perpetrator, she addressed the law enforcement bodies, however only a restraining order was issued against him.
On May 31, 2018, A.J. was persistently trying to get into the house of E.B. Even though the victim was not letting him into the house, the patrol police officer opened the door to the abuser colleague anyway.
The patrol inspectors, L.V. and K.Kh. showed professional negligence and did not distance the victim from the abuser. As a result, the abuser policeman stabbed E.B. and inflicted lethal wounds to her ex-husband. T.G., their two-year-old child miraculously escaped death.
Sapari addressed Tbilisi city court requesting compensation for non-pecuniary damage. Sapari requested to impose on the defendants, the Ministry of Internal Affairs and patrol police department the compensatory amount for pecuniary and non-pecuniary damage in favor of the applicant, and compensatory amount for pecuniary damage suffered by the death of a breadwinner in favor of the minor child.
Tbilisi City Court allowed Sapari’s appeal with the decision on Dcember 7, 2021 and ordered the Ministry of Internal Affairs and the patrol police department to pay E.B. 15000 Gel, and 400 Gel per month in favor of the little child.
The respondents, Ministry of Internal Affairs and patrol police did not acknowledge the appeal for compensation of non-pecuniary damage by presenting a written objection and stating their position at the court hearing and requested the dismissal of the appeal.
According to the appeal prepared by the lawyers of Sapari, also based on mutual combination of evidence presented as well as legal circumstances, the Court found that in the present case, there was a direct causal relation between the negligence (inaction) of lawful duties by the authorized persons of the respondent administrative body, and the result that occurred (damage to the body of the victim).
Thus, it is proved that by failure to fulfill the positive obligations taken by the authorized persons of the respondent administrative body (to protect the safety of E.B. and her child) and by their inaction, the plaintiff suffered non-pecuniary damage, which is subject to compensation.
– “I think that this is a landmark decision and it is important for the prevention of violence against women. It often happens so that as a result of the inaction of MIA and patrol police, there are cases of femicide or the life of the victim is in danger. This case should preventive for the employees of the MIA who do not show empathy for victims of violence and show support to the perpetrators of violence” – says Elso Rukhadze, the lawyer of Sapari.
