One Zero Less

The Georgian Court estimated 400 GEL as compensation for repressed families while European Court estimated 4 000 Euro for each.

Mariam Khurtsidze

Discussions about the issues of victims of political repressions have been very urgent recently. In 2011, according to the amendments to the Georgia law, victims of political repressions and their descendents were entitled to request compensation form the state but…

The law did not estimate the amount of the compensation. The court was entitled to estimate the amount of compensations for each particular case. However, the applicant had to request exact amount of compensation in their suit to the court (ex. 15 000 GEL).

The amount of the financial compensations depended on the gravity and length of repression as well as age and health conditions of the victim of repression or his/her descendent and some other factors. Financial compensation shall be granted to a person who: became victim of repression from February 25, 1921 to October 28, 1990 by restricting his/her freedom or by exile or died as a result of political repressions and the court recognized him/her to be victim of political repressions.

Zeinab Burdiashvili applied to the Human Rights Center for help. She was daughter of Dimitry Burdiashvili, victim of Stalin’s repression. On October 17, 1942 Dimitry Burdiashvili was shot for the charge of plotting against Soviet Authority. Later, he was rehabilitated and declared to be victim of repression.

Nowadays, hundreds repressed people and their descendents live in Georgia. The state assumed some responsibilities towards those people based on the Law on the Recognition of Status as a Victim of Political Repression for Georgian Citizens and Social Protection for the Oppressed. In order to get compensation, victim or their descendent shall apply to the Tbilisi City Court before January of 2014 where the Georgian Ministry of Finances will be defendant in the case.

The Tbilisi City Court granted only 400 GEL as compensation to Zeinab Burdiashvili as first descendant of the victim.

Zeinab Burdiashvili sued against the court judgment and alleged that the Court had not envisaged particular circumstances in her case. For example: age and health conditions of the applicant; Burdiashvili was born in 1939, she is already 72 and her family had lost father, the only bread winner who was unlawfully shot.

The second trial also ended without any results; the Court again granted 400 GEL to Zeinab Burdiashvili. The justification of the Court reads: “The Court, relying on Article 9 of the Law on the Recognition of Status as a Victim of Political Repression for Georgian Citizens and Social Protection for the Oppressed, more precisely considering the health conditions of the suitor and other factors, suitor Zeinab Burdiashvili will receive financial compensation of 400 GEL.”

The Court clarified that Georgian state acknowledges moral and physical damage of the victims of political repressions and simultaneously stresses out that any measures taken by the state cannot reimburse the damage of the victims.

The Tbilisi City Court stated in its decision that except moral compensation, the state estimated various social protection guarantees for the victims (including adoption of the corresponding law).

“Thus, the state expressed its solidarity with the victims of the communist authority in order to somehow diminish their damage. Considering the injustice and disaster endured by direct victims of political repressions, the Court is fully aware that abovementioned measures, including the compensation, cannot reimburse their damage,” the judgment of the City Court reads.

Zeinab Burdiashvili said the “other aid” from the state is in fact 10 tetri transportation fee for her by municipal transport. She does not get any other aid from the state.

Zeinab Burdiashvili intends to apply to the European Court of Human Rights.

It is noteworthy that victims of repressions from Georgia have already appealed to the Strasbourg Court. Brothers Klaus and Yuri Kiladzes were among ECHR applicants. On February 2, 2010 the Strasbourg Court passed verdict on the case Klaus and Yuri Kiladzes vs Georgia in favour of the applicants. As a result, Georgian state had to pay financial compensation of 4 000 Euro to each of the brothers; in addition the state shall take some measures in order to rehabilitate the rights of the victims.

The Lawyer of the Human Rights Centre Eka Kobesashvili said the judgment of the Georgian Appeal Court was very inadequate. “They have insulted those people with granting only 400 GEL. The court itself admitted that the compensation was not adequate and could not reimburse their damage… but how did they calculate the amount of the compensation and when those people receive compensations – the judgment does not estimate concrete terms. Thus, victims of repressions have only one choice – to appeal to the Strasbourg Court vs Georgia.”