Victims of Earthquake Remain Homeless for the Second Time (the end)

To find out the reality, Human Rights Center got in touch with the representatives of the Tbilisi City Hall who were in charge to make some decisions and sign documents on the case materials. One of them is Temur Kurkhuli, (that time Prime Mayer), secretary of the City Municipality.

Journalist: Mr. Temur, Why some problems have emerged regarding the victims of the earthquake? Initially they were lodged in those flats and now they are demanded to leave places.

Temur Kurkhuli: I only know that those flats were transferred to the victim families legally for permanent property. However, there are families, (I think they are only fifteen), whose cases were discussed at the court. They broke into those flats.

Journalist: What do you mean by “breaking into”?

T. K: I cannot say- they might have been lodged in by the fund too. The investigation should find out the reality. In any case, I think those people, who have occupied the accommodations, do not meet the demands of that time authority.

Journalist: I have examined the documents of these three families. Everything is in order, besides that there is a list signed by the officials from the city authority where these families are inserted. Why did they have to break into the flats?

T.K: I do not know. Gongladze was responsible for that and I do not remember details. I have not attended to this matter for a long time. I cannot tell you who these people are and if they are right.

After that we applied to Sergo Kavtaradze, the chief of the Legal Service Department of the Tbilisi City Hall. He said that until the General Inspection of the City Hall finishes the investigation of the case, nobody can evict those people from their houses.

Sergo Kavtaradze: “The court hearings are still going on regarding the situation and the General Inspection of the City Hall is raiding the fund. Every case is hindered by the fund until the General Inspection makes final decision.

Journalist: What would you say about the court decision under which these families have to leave the flats within fifteen days?

S.K: Until the General Inspection investigates everything properly, it will be difficult to say anything. Many new violations can be discovered in the case that might cause the holding a new trial. Nobody will evict those people before the conclusion is prepared.

Journalist: Did any service departments of the City Hall or your service department investigate the case? The documents show that these people did not break into their flats and they are really the victims of the earthquake.

S.K: Our service department has studied the case and consequently we ordered the general inspection to raid the fund.

 Corruption or Swindle? 

According to the documents, in 2002 the fund purchased a flat in the Fonichala district 3, B/L 23, Entrance III; App. 63 for 3 800 USD from certain Teimuraz Lachashvili. Since 2004, certain Shevchenko is considered to be a co-owner of the above-mentioned flat. The Human Rights Center found out that in 2006 the flat was sold for the second time to Gakhokidzes. However, it is strange that the Gakhokidzes bought the house from Teimuraz Lachashvili. One more interesting detail is that Lachashvili was a member of the above-mentioned fund and member of the Isani District Commission. Thus, fund member sold his flat to the fund and afterwards, through some plots the flat is still his property, however it is registered on Shevchenko and Lachashvili sold the flat for the second time.

 Chairman of the Fund 

Finally we got in touch with Akaki Gongladze, the chairman of the fund.

Journalist: Mr. Akaki, how did it happen that once you lodged the victims of the earthquake in the flats and then appealed against them at the court as if they had broken into the flats?
Akaki Gongladze: Do you know what has happened? It is not so easy to explain because various families have various documents. If you tell me concrete names I will answer you in details. Tell me the surname.
Journalist: For example, Aleksaniani…
A.G. He is a single man who resides in two-room flat. Under the current legislation and our resolutions, we offer him a new one-room flat in the Moscow Avenue. Courts of all instances have made such conclusions regarding the family. The Supreme Court also made conclusion that Giorgi Aleksaniani must leave the flat and we will lodge him in the flat in Moscow Avenue.
Journalist: Mr. Akaki, that flat is already occupied, is not it?
A. G. Yes, but a person who lives in that flat, has no connections with the earthquake and he has no right to live there. So, nobody will force Aleksaniani out from the flat until it is possible to move them into the flat in Moscow Avenue.

Journalist: If this flat did not belong to Aleksaniani why did you lodge him in there?

A.G. Aleksaniani was a victim of the earthquake and since he is a single person, he could not be granted with the flat with more than one room.
Journalist: But you should know that this person is disabled and his relative is looking after him.
A.G. The courts should have taken that fact into consideration and not I. I have the conclusion of the Supreme Court and I can produce it if you come to my office.
Journalist: I also have it.
A.G. So, if the court has not taken the situation in consideration, I have no fault in it.
Journalist: As far as I know, the court did not discuss the fact because the documents on disability of the person were not produced there. The victims say that you have hidden it.
A.G. I cannot criticize the decision of the Supreme Court. Its decision must be followed and I am doing it. Good bye.
 
The respondent told me some insulting words over the phone and cut the line. He did not let me say the word to the end.

According to Gongladze’s words, the flats were distributed according to the number of family members. The documents and the victims also prove the fact.

July 4 2002 resolution, article VII states that the flats will be distributed according to the number of family members and not the space in the old flats. Irma Basilashvili, guardian of one of the victims, confirmed it. “4 000 lari was a fixed sum. They told me that I was to find the flat for that price. If the flats were transferred according to the number of family members, why the fund did granted one of the victim families with three-room flat of 51 sq. meters which had occupied only two rooms prior to the earthquake. Gognladze registered that flat on the family.”

The limit for victims of the earthquake, whom the court blamed for having broken into the flats, will soon expire. They are waiting for the day of eviction with fear. They claim that if the eviction really takes place everything will end in terrible results. However, they hope that the General Inspection will make fair conclusion.

Eka Gulua