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Mary Shamugia Versus the Prosecutor and Staff at Zugdidi District Prosecutor’s Office

February 23, 2006

 Mary Shamugia Versus the Prosecutor and Staff at Zugdidi District Prosecutor’s Office

Mary Shamugia says that a criminal case under the Criminal Code of Georgia (Article 180, Part 3, Clouse B) has been illegally started against her at the Investigation Department of the Criminal Persecution Cases at the Ministry of Internal Affairs. Shamugia believes that the Zugdidi District Prosecutor and his assistant have a hidden agreement with Nargiza Bigvava, the accusing side. Even more, Shamugia considers the fact to be an illegal persecution against her.
On November 15th, the Supreme Court took a final decision that could not be further appealed. According to this decision, a house on the Tavisupleba street in Zugdidi, which had been owned by Nargiza Bigvava, who lent money from Mary Shamugia and did not refund the sum, was transferred to Mary Shamugia.  The house was put to auction by the court where Shamugia bought and later registered it.

Bigvava applied the court for five times trying to start a criminal case and legal persecution against Shamugia. Five different investigators considered the case at different times. Eventually, a decision to launch a legal persecution was taken. Three months ago, through a statement of persecutor Natia Chkhaidze, “an old” criminal case, but with different a qualification, was started again.

„Bigvava tries hard to get the house back, for this she uses every method including slander. She accused me of smuggling and appropriation of her things in the house. However, a dislocation writ compiled on August 7th, 2003, contains every object in the house that was delivered to her son in the presence of the witnesses and police. The writ is confirmed with signatures.  Bigvava has not had pretence with regard of this fact so far.  However, since Iza Todua, an assistance of the regional prosecutor, promised to help her with the case Bigvava has started another sixth round. I listened to a conversation between Bigvava and Todua in the regional prosecutor’s office. Furthermore, Bigvava accuses me of steeling those things that were not in the house at all” says Mary Shamushia.

An advocate of Mary Shamugia states that the existing situation is illegal because the Supreme Court has taken a final decision that cannot be appealed.  

For Murtaz Narmania, Zugdidi District prosecutor the case of Shamugia and Bigvava is very well known. He considers the case to be old, leaves Shamugia’s accusations unanswered and comments that “Shamugia should apply to an investigation department”.

“Because of the illegal acts implemented by the prosecutor, I remain homeless for twelve years and have no right to use the house I gained in accordance with a decision of the Supreme Court. I officially declare that the regional prosecutor and her assistant are involved in unlawful acts against me.  I accuse them of discrimination against me and ask the General Prosecutor’s Office to investigate the case in detail”, says Mary Shamugia.

It is still unknown when the case will finally be closed. Investigator Natia Chataia refused commenting the investigation of the case carried out  for the sixth time at the moment “ I do not have a desire to give an interview or comment on the case”, she says.

 Maia Gubeladze from Zugdidi

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