Batumi City Mayor VS Socially Disabled Person

Maka Malakmadze, Adjara

Batumi City Mayor Robert Chkhaidze has disagreement with his next-door neighbor, socially disabled Eduard Pogosyan. Batumi City Court satisfied the suit of the Mayor and his relatives. However, it is not clear whether Kutaisi Appeal Court will impose the payment of 13 300 USD on the impoverished family of Pogosyan in favor of the Mayor or not; the decision will be made on June 30.

In January of 1990, the family of Eduard Pogosyan purchased 1/7 part of the space in Pushkin Str. # 112 in Batumi: they purchased 117 sq.meter and 67.8 sq. meter from the entire space of 824,7 sq. meters. Consequently, the technical registration data provides the information about the same space. In 1999, Pogosyan appealed to the Batumi Court and requested 59 sq. meters from his share in the space; the court satisfied his request and registered the space on him as a private property.

Robert Chkhaidze’s family and relatives tried to cancel the abovementioned court decision. However, in 1999 the court did not “support” the Chkhaidzes. In 2005, Robert Chkhaidze was employed at the Batumi City Hall and the disagreement between the neighbors renewed. He, together with his cousins Zurab Chkhaidze and Israpil Lortkipanidze (they lived in one yard) appealed to the court due to recently discovered new circumstances. On April 12, a new suit of another neighbor Samvel Abramov was submitted to the court. Abramov has lived in Russia since 1990s. So, he did not attend the trial when the court assigned 59 sq. meter land to Pogosyan and requested to renew the court proceeding on the issue again.

Pogosyan’s Lawyer Irakli Shavadze said “five-year term was expiring and the Chkhaidzes decided to find a neighbor who had moved to Russia years ago and asked him – Samvel Abramov, to request the court to cancel its decision because Abramov, as a share-holder of the land, did not attend the trial in 1999. Today, Samvel Abramov is not complaining about groundless enrichment. They just formally used the man for re-launching the case discussion.”

In parallel to the renewed neighborhood disagreement Robert Chkhaidze was being promoted in the local authority. Initially he was vice-mayor and then he became Batumi Mayor. Meanwhile, on October 31, 2007 the Pogosyans sold the 59 sq. meter plot.

“Since maintenance measures were not taken in regard with my client’s property, he sold the plot. It was lawful decision and he did not breach the law at all; the plot was not sealed up. My client sold the plot which belonged to him,” said lawyer Irakli Shavadze and added that groundless enrichment means to enrich at other’s expense – as if Pogosyan sold other’s property. However, he sold only his property and nothing else.”

Meanwhile, three-member family of Pogosyan continues living in the Pushkin Str. # 112 under oppression of the Chkhaidzes. As soon as the neighbors started argument, the family of the Batumi City Mayor prohibited the Pogosyans to walk in the yard. So, they could not use yard to hang their washed clothes and they dry them on the Pushkin Street pavement.

“I want to sell our house and move from here but the Chkheidzes do not allow me to. They do not allow clients to buy my house. We live in poverty but nobody gives social allowance to us. Social agents always evaluate our family with higher points than we deserve,” said Vera Pogosyan.

Their roof got more damaged after the Chkhaidze’s changed their roof. “When changing their roof, they damaged our roof. Though, they did not repair our roof. Since then, the rain is leaking into the house and the roof is about to collapse,” said the hostess.

The Human Rights Center asked comments from Robert Chkhaidze but he refused.

Then we asked comments from Robert Chkhaidze’s mother Eter Chkhaidze. She said Pogosyan’s accusations are groundless. “Of course they can walk in the yard; who prohibits them to walk there? We repaired his roof; but he alleges that we have damaged it. They sold our land illegally. I paid money for that land in 1936. He shall be imprisoned for having sold my land illegally…”

Mayor Robert Chkhaidze used his position in the disagreement with the neighbors and sent head of City Hall Administration Gela Makharadze to the trial as his representative. On June 25, 2010 the Mayor assigned warrant to Makharadze in every court of Georgia and the warrant was approved by Notary Khatuna Kalandadze. Currently, Gela Makharadze’s course-mate Davit Gabaidze represents Chkhaidze and his family in the court. Pogosyan’s lawyer Irakli Shavadze said Gela Makharadze participated in several trials as a representative of Chkhaidze. “The mayor breaches the law when he exploits his employee. When I said it at the trial, the judge rebuked me saying: “do not make political statements.”

On January 13, 2011 Judge Natela Jashiashvili from the Batumi City Court imposed payment of 7 700 USD on Eduard Pogosyan in favor of Liana (sister of the mayor) and Zurab Chkhaidzes   and Israpil Lortkipanidze. Pogosyan has to pay 5 600 USD to Abramov. They have to pay 500 GEL to the lawyer and state tax.

On June 30, Kutaisi Appeal Court will decide whether the decision of the Judge Jashiashvili will be change in favor of the Pogosyans or not. Currently, according to the Public Registry, the property of Pogsyans is sealed up. Their former property was also sealed up –59 sq. meter plot which was already sold.