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Adjara Government not Fulfilling Promise to Charity Foundation

August 5, 2011

Maka Malakmadze, Adjara

The government did not transfer the promised building to the charity foundation of “Saint Ana and Saint Francesca.” The foundation addressed the court. However, on August 5th the judge of Batumi City Court Jumber Bezhanidze made a decision against the foundation.

Charity foundation, the so-called charity home, is situated at #42 St of Zviad Gamsakhurdia in Batumi. At the end of February of this year, the state made the charity foundation leave the building. The charity organization was given 822 square meter two-storey house in 1995 by Adjara Supreme Council decision. In 2006 the head of Adjara government levan Varshalomidze abolished the legislative act issued by the council and registered the property as a state ownership. Since then the charity foundation has lost cases in all instances. Currently, they are going to address Strasbourg Court of Human Rights.

Until then, on August 5th, the charity foundation was expecting one more court decision. The foundation gave daily bread and shelter to people who had to sleep on the streets.

Sveta Kudba, the head of “Saint Ana and Saint Francesca” charity foundation: “Adjara government demanded to leave the building. We held several protest actions. Adjara Ministry of Finance and Economics stated that we would receive another building. We were called to the Ministry to make an agreement. The Minister Vazha Bolkvadze commissioned his deputy Abesalom Gurgenidze with this task. Gurgenidze gave us a letter of guarantee and requested to submit a statement to why he needed this building.

We submitted the letter stating that we needed the building for opening up free dining-place and a shelter for mothers and children, also for the continuation of Abkhazian School. We also requested means to open up some factory to employ these people.”

Kudba had not received any answer from the Adjara Ministry of Finance and Economics since then. Thus he addressed Adjara head of the government with a request to oblige the Ministry to fulfill the promise. However, Adjara government refused to conduct administrative proceeding:

“This is not just an ambition of mine. The city really needs this shelter. I have received numerous letters from the Ministry of Health, police, Supreme Council and City Hall regarding the problems of the homeless people placed in different hospitals. Our charity foundation took care of them,” – states the head of the charity foundation.

As Kudba states the Ministry representative stated at the court that the reason of not fulfilling the promise is that the letter did not indicate which building they were requesting: “I could have named Tbilisi “Sheraton,” would they have given it? How can we know which building belongs to state ownership?!”

Gia Kartsivadze, a lwyer of Georgian Young Lawyers Association Batumi branch defends the interests of charity foundation: “Adjara Ministry of Finance and Economics gave us written promise that it would allot certain building for the charity foundation. They did not fulfill the promise though. We have right to request fulfillment of promise. Adjara Ministry of Finance and Economics is the defendant who promised to allot the building and the Adjara government who did not hear our administrative complaint.”

Human Rights Center contacted Adjara Ministry of Finance and Economics before the court proceedings. Considering that the Ministry does not have a Public Relations Service, the head of administrative department Tengiz Zoidze shared the Ministry’s position. He made a short comment: “The court will decide on this issue on August 5th. Everything will be decided by court verdict. I cannot make any other comment.”

The building where “Saint Ana and Saint Francesca” charity foundation is located has been broken down.

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