Law of Georgia on the Recognition of Victims as a Result of Dispersal of Peaceful Assembly for the Independence of Georgia on 9 April 1989 in Tbilisi, and their Social Security Guarantees

LAW OF GEORGIA

ON THE RECOGNITION OF VICTIMS AS A RESULT OF DISPERSAL OF PEACEFUL ASSEMBLY FOR THE INDEPENDENCE OF GEORGIA ON 9 APRIL 1989 IN TBILISI, AND THEIR SOCIAL SECURITY GUARANTEES

The Parliament of Georgia highlights the importance of the formation of a sovereign state which upholds the rule of law, the supreme value of which is national independence, human life, personal liberty and inviolability; and condemns the violent dispersal of the peaceful assembly on 9 April 1989 in Tbilisi, by the totalitarian regime founded on anti-humane ideology; it acknowledges the special contribution to the Georgian national liberation struggle and the creation of an independent state by those who were killed and injured on 9 April 1989 in Tbilisi as a result of the peaceful assembly for the independence of Georgia against the soviet regime, and in order to pay proper tribute to them, it passes this Law.

Chapter I

General Provisions

Article 1 - Purpose of the Law

The purpose of this Law is to create the legal basis for the social security guarantees of the victims of the dispersal of the peaceful assembly for the independence of Georgia on 9 April 1989 in Tbilisi.

Article 2 - Scope of the Law

This Law shall apply to persons who, as a result of the dispersal of the peaceful assembly for the independence of Georgia on 9 April 1989 in Tbilisi, are:

a) family members of the deceased;

b) the victims, whose health impairment has been recorded by No 1 Health Care Centre of Tbilisi under the Ministry of Labour, Health and Social Affairs of Georgia, prior to the adoption of this Law.

Law of Georgia No 63 of 9 December 1999 – LHG I, No 47(54), 9.12.1999, Art., 239

Law of Georgia No 487 of 13 July 2000 – LHG I, No 28, 24.7.2000, Art., 88

Article 3 - The victims

The following persons shall be deemed the victims of the dispersal of the peaceful assembly for the independence of Georgia on 9 April 1989 in Tbilisi:

a) family members of the deceased: incapacitated parents; a spouse, who has not married afterwards; a minor child and/or an adopted child;

b) those who have become persons with disabilities;

c) persons injured as a result of wounding, contusion, maiming and/or chemical poisoning.

Chapter II

Social Security Guarantees of the Victims of the Dispersal of the Peaceful Assembly for the Independence of Georgia on 9 April 1989 in Tbilisi

Article 4 - Social security of family members of the victims of the dispersal of the peaceful assembly for the independence of Georgia on 9 April 1989 in Tbilisi

Family members of those who were killed as a result of the dispersal of the peaceful assembly for the independence of Georgia on 9 April 1989 in Tbilisi, shall be entitled to:

a) a state pension under the procedure and in the amount established by the Law of Georgia on State Pensions;

b) other social assistance in accordance with the legislation of Georgia;

c) enjoy social benefits such as exemption from utility payments (water, domestic and other waste removal, gas, electricity, telephone, except for international and long-distance calls) the funding of which shall be ensured by the State.

Law of Georgia No 63 of 9 December 1999 – LHG I, No 47(54), 9.12.1999, Art., 239

Law of Georgia No 487 of 13 July 2000 – LHG I, No 28, 24.7.2000, Art., 88

Law of Georgia No 2454 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art., 435

Article 5 - Social security of persons with disabilities as a result of the dispersal of the peaceful assembly for the independence of Georgia on 9 April 1989 in Tbilisi

Persons with disabilities, as a result of the dispersal of the peaceful assembly for the independence of Georgia on 9 April 1989 in Tbilisi, shall be entitled to:

a) a state pension under the procedure and in the amount established by the Law of Georgia on State Pensions;

b) other social assistance in accordance with the legislation of Georgia;

c) enjoy social benefits such as exemption from utility payments (water, domestic and other waste removal, gas, electricity, telephone, except for international and long-distance calls) the funding of which shall be ensured by the State.

Law of Georgia No 63 of 9 December 1999 – LHG I, No 47(54), 9.12.1999, Art., 239

Law of Georgia No 487 of 13 July 2000 – LHG I, No 28, 24.7.2000, Art., 88

Law of Georgia No 2454 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art., 435

Article 6 - Social security of persons injured as a result of wounding, contusion, maiming and/or chemical poisoning during the dispersal of the peaceful assembly for the independence of Georgia on 9 April 1989 in Tbilisi

Persons injured as a result of wounding, contusion, maiming and/or chemical poisoning during the dispersal of the peaceful assembly for the independence of Georgia on 9 April 1989 in Tbilisi shall be entitled to:

a) a state pension under the procedure and in the amount established by the Law of Georgia on State Pensions;

b) other social assistance in accordance with the legislation of Georgia;

c) enjoy social benefits such as exemption from the payment of 50% of utility services (water, domestic and other waste removal, gas, electricity, telephone, except for international and long-distance calls), the funding of which shall be ensured by the State.

Law of Georgia No 63 of 9 December 1999 – LHG I, No 47(54), 9.12.1999, Art., 239

Law of Georgia No 487 of 13 July 2000 – LHG I, No 28, 24.7.2000, Art., 88

Law of Georgia No 2454 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art., 435

Article 7 - Rendering of funeral services

1. In the case of the death of a victim of as a result of the dispersal of the peaceful assembly for the independence of Georgia on 9 April 1989 in Tbilisi, the State shall bear the costs of his/her funeral.

2. Local self-government and government authorities shall provide a cemetery plot in accordance with his/her place of residence.

Chapter III

Transitional and Final provisions

Article 8 - Transitional provisions

1. The Ministry of Labour, Health and Social Affairs of Georgia, in coordination with the Ministry of Labour, Health and Social Affairs of Georgia, and the Georgian Charity Foundation 'April 9', shall, before 1 June 1999, ensure the issuance of respective certificates to the victims of the dispersal of the peaceful assembly for the independence of Georgia on 9 April 1989 in Tbilisi.

2. The State Medical Insurance Company of Georgia, in coordination with the Georgian Charitable Foundation 'April 9', shall, before 1 June 1999, ensure the issuance of respective insurance policies to the victims of the dispersal of the peaceful assembly for the independence of Georgia on 9 April 1989 in Tbilisi.

2¹. Upon the entry into force of the Law of Georgia on Social Assistance, Article 4 (c), Article 5(c), and Article 6(c) of this Law shall be deemed invalid.

3. (Deleted).

4. (Deleted).

Law of Georgia No 63 of 9 December 1999 – LHG I, No 47(54), 9.12.1999, Art., 239

Law of Georgia No 487 of 13 July 2000 – LHG I, No 28, 24.7.2000, Art., 88

Law of Georgia No 2454 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art., 435

Article 9 - Final provision

This Law shall enter into force upon promulgation.

President of Georgia                                                                                                                   Eduard Shevardnadze

Tbilisi

30 April 1999

No 1921– IIს