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Unprecedentedly High Compensation for Moral Damages

6 March, 2024

In the pursuit of economic empowerment for women and children who are victims of violence, Rights Georgia achieved another significant milestone. According to the decision of the Tbilisi City Court, the perpetrator was ordered to pay an unprecedentedly high compensation of 25,000 GEL to the victim woman and her minor child.

The beneficiaries have been victims of severe physical and psychological abuse for years. Rights Georgia represented the interests of the mother and her child in the criminal case since 2019, which concluded with the guilty plea of the abuser. Following the enforcement of the guilty verdict, the organization's lawyers initiated civil strategic proceedings in order to seek compensation from the abuser.

In order to substantiate the claim, the lawyers of Rights Georgia, presented evidence indicating the existence of moral damages. After reviewing numerous petitions and statements, the Tbilisi City Court fully supported the claim of the mother and child and in its decision of February 19, 2024, ordered the perpetrator to pay moral damages: 10,000 GEL for the minor child, and 15,000 GEL for the child's mother.

It is worth noting that during the consideration of the criminal case, the minor who witnessed the violence was not formally known as a victim. However, in a criminal case, the court clarified that a child who witnessed violence is considered a victim, and according to the Explanatory Report of the Istanbul Convention, the concept of "witness" refers not only to children who saw the violence, but also to “those who are exposed to screams and other sounds of violence”.

Finally, the Civil Court shared the position of the lawyers of Rights Georgia and considered the child who witnessed the violence as entitled to demand compensation.

The strategic civil case seeking compensation for moral damages is being litigated by Rights Georgia with support from the USAID Rule of Law Program.
 

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