Status and Compensation – Permanent Problems for the Families of the Missing People

Tea Topuria

Photo: Ana Natsvlishvili

Although there are 907 missing people in Georgia, the national legislation does not have effective measures to regulate this problem. Georgia has not joined the 2006 UN Convention about Missing People. One more problem is the victim status for the family members of the missing people as well as estimation of compensation for them.

On December 20, 2006 UN General Assembly ratified International Convention against Enforced Disappearance. 83 countries signed it; and 19 of them ratified it. Before that, the families of the missing people had been struggling for the convention for 20 years. Georgia has not joined the convention yet.

Group of experts, whose members are the representatives of the Georgian National Committee of Helsinki Citizens and the South Caucasus Institute of Regional Security, prepared a book “Problems of Disappearance and Kidnapping in Georgia”. Experts wrote that enforced disappearance of people is prohibited by the international law. The document states that nobody shall be subjected to the enforced disappearance and no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency. The states shall investigate similar facts. Besides that, the investigation shall be effective and not superficial.

Enforced disappearance is risky because it breaches several rights simultaneously – the right to life, freedom, expression, personal security and others. Besides that, missing person cannot enjoy his/her right on defense and cannot hire a lawyer that makes his/her conditions double insecure.

In addition to that, the disappeared person is not the only victim but his/her family members are also victims. In most cases, the relatives are looking for the missing people for many years and despite all that they even do not know whether s/he is still alive or not.

Ana Natsvlishvili, lawyer for the Human Rights Center: According to the UN Convention, the family members, whose relative is victim of enforced disappearance, receives the status of victim too. The reason is moral stress the family members receive after his/her disappearance. Besides that, refusal on victim status is a very good “tool” to prevent the relatives of the disappeared people from the possibility to study case materials and request expertise, etc. In similar situation, the fact cannot become topic of public discussion and transparency is not guaranteed.”

Georgian legislation does not recognize the notion “enforced disappearance” and calls similar people missing. However, in order to grant victim status to the family member of the missing person, criminal signs shall be detected in the disappearance of the person (blood or violence trace, witnesses, etc). However, in most cases similar signs are not detected and consequently the relatives cannot be declared victims and do not have opportunity to use all measures to carry out the investigation.

Kristine Kardava, whose father get lost two years ago, is still waiting for the victim status but in vain.

Paata Kardava (captain, intelligence department of the defense ministry) got lost on August 27, 2008. His car was first seen on Khobi road with its windows pulled up; later it was found on Koki-Khurcha road where it had doors open and nobody was sitting in it; the back lights were on. Paata Kardava has not been seen dead or alive since then. Kristine Kardava said that investigation is prolonged. The investigators are permanently replaced and nothing has been done for two years already.

The relatives of other missing people have same problems. The case of Davit Tsindeliani has not been resolved for two years already. He got lost in 2008. Several hundred people disappeared during the armed conflict in Abkhazia.

Ana Natsvlishvili: “Article 4 of the UN Convention states that each State Party shall take the necessary measures to ensure that enforced disappearance constitutes an offence under its criminal law. The Georgian legislation does not recognize similar crime and investigator has to classify the case of missing people according to similar crime. So, the rights of the family members are not protected at all. According to the convention, the victims are both the missing people and every person who was victimized by this fact. One more case: a victim has right to know the truth about the ongoing investigation and request his/her rights protected, as well as compensation for the damage.”

Compensation is one more tumor of the Georgian reality. There is not a single case in Georgia when the family of the missing person was compensated by the state. Georgian legislation entitles the state to do it.

Medea Longulashvili’s son got lost during the war in Abkhazia; her second son died in the same war. Medea Longulashvili lives in Nikozi together with her old husband. During the war in August of 2008 their house was destroyed. Then, the relatives renovated one room for them. Despite all their problems, the state has not paid any compensation to them.

Medea Longulashvili: “During Shevardnadze’s authority we received allowance for the family without bread-winner; the current government stopped this allowance.”

Rima Gelenava, head of the non-governmental organization “Disarmament and No to Violence”: “If the country joins the convention, a special committee shall be set up which will receive reports from the state and complaints from the private persons. Besides that, the Convention allows the victimized people to request and receive compensation.”

Compensation is not reimbursement of only moral damage. When husband, brother, son or father gets lost in the war it also causes financial problems in the family.

Muraz Romelashvili was not compensated either; his one son got lost and second was killed in the war of August in 2008. Neither Violeta Grigolia received compensation whose husband got lost in Abkhazia and remained alone with her two underage children. Tsiuri Buzaladze also did not receive compensation either; she is still waiting for her brother – Karlo Buzaladze – 17 years after he got lost.

Tsiuri Buzaladze: “Mother was hitting head against walls with sorrow. My sister and I did not tell her that he was lost and we cried on him outside house. Nobody has ever met us and inquired about his fate except you.”

Tsiuri Buzaladze lives in the two-storied house alone. The roof is damaged and water is leaking into it. The floor was also damaged. A man is necessary in the family to take care of the garden. The families of the missing people are easily detected from the distance; besides permanent expectation the families have one thing in common - poverty.

 The article was prepared within the project -  Investigation of the facts of the Enforced Disappearances in Georgia with Financial Support of the Eurasian Partnership Foundation within the EU funded project - Strengthening the Media’s Role as a Watchdog Institution in Georgia.
The contents of this article report are the sole responsibility of the Human rights Centre and cannot be taken as to reflect the views of the European Union and Eurasian Partnership Foundation.