On March 28, 2018, the Public Defender appealed to the Batumi Mayor with a recommendation and requested annulment of the decision on refusing issuance of a permit for the construction of a mosque.

The land, where the Muslim community wanted to build of a religious building, is located in the residential zone No 6. In accordance with the regulations applicable in the city of Batumi, a permit for the construction of a religious building in the given functional zone can be issued only if there is a special (zonal) agreement. The Muslims were refused to get either a special (zonal) agreement or the terms of use of the land for construction, which is the first stage of getting a permit for construction.

As a result of studying the case, it was established that the Batumi Mayor made a negative decision without consideration of substantial circumstances or proper justification. It is widely known that the Orta Jame mosque in Batumi is overcrowded and prayers have to participate in religious rituals in the open air. The Muslim community has been demanding construction of a new mosque for a long time and this issue has been reflected in the annual reports of the Public Defender.

The study of the case showed that the Batumi City Hall had different approaches to different confessions. In particular, in the same functional zone, where Muslims had demanded construction of a mosque, several Orthodox churches have been built without a permit and no proceedings have been launched into the violation, whereas Muslims were ordered to dismantle an arbitrarily built mosque and pay a fine.

Taking into consideration all of the above, the Public Defender requested the Mayor to cancel the negative decision and to make a new, substantiated decision as a result of examining the circumstances of the case. The Mayor of Batumi did not implement the recommendation of the Public Defender, which is further delaying the restitution of the violated right and significantly damages the local Muslim community.