On October 19, 2022, the Tbilisi Court of Appeals collegium of three judges (Manana Chokheli, Khatia Ardazishvili and Nino Kanchaveli), found the Ministry of Internal Affairs and the police discriminated against a person with disability and ordered them to pay him 10,000 GEL ($3,630) in moral damages. 

"I use a wheelchair, which I keep in the trunk of the car during trips. I was going to Kutaisi with my friends when our car broke down. At that time, the patrol police also approached us. The delay lasted several hours. The whole time, I was asking the patrol inspectors for help taking the wheelchair out of the trunk because I needed to relieve myself. My friends also tried to take the wheelchair out of the trunk numerous times, but the patrol inspectors did not allow them to do so," says Davit Khukhua. "I had to hold the urine and started having severe spasms and pain. In the end, I was forced to urinate in the car – in a public space, in the presence of others."

Partnership for Human Rights (PHR) represented Davit Khukhua’s interests in court, with the support of the USAID Rule of Law Program and Open Society Georgia Foundation, arguing a violation of dignity, damage to health, and illegal restriction of freedom. In December 2021, the Tbilisi City Court (Judge Sopio Gagnidze) failed to find a violation of Mr. Khukhua’s rights, but that decision was reversed by the Court of Appeals. 

PHR lawyers believe that the decision of the Court of Appeals reflects the rights and values guaranteed by Georgian legislation, the Constitution, and the UN Convention on the Rights of Persons with Disabilities. According to PHR, “this decision protects the dignity of one person with disabilities and, at the same time, it is a preventive measure so that in the future there should not be degrading and discriminatory treatment of persons with disabilities by law enforcement bodies."