Population Is Seized Property in Revolutionary Georgia (part III)

Ten Examples of Governmental Harassment

In December 2005, shopping and house holding mall in Vazha Pshavela Avenue.  Disc. 7th. App 36 was destroyed for the similar reason as the other building mentioned in the previous two parts of the article. Documents were in order in this case too. There is a permit on construction and all other necessary conclusions in the case materials. So-called Shushis Sakhli (glass house) in Vake District, which belonged to Irina Nergadze, was destroyed in 2005.

The case materials showed that the Public Defender sent a letter to the City Supervision Service Department and demanded information about the reasons for deconstruction. On January 18, 2006, he received the following answer: “The Tbilisi City Supervision Service Department informs you that we have not carried out deconstruction activities of the building that belonged to citizen Irina Nergadze and individual entrepreneur Zurab Talakhadze” (the letter is signed by  Ivane Abesadze, deputy chief of the above-mentioned department).

Sozar Subari, the Public Defender, called the reply ridiculous. He added that it is even bigger problem if such a huge building is destroyed in the city center and the city authority does not have any information who is carrying out the dismantling activities. “This building belonged to private person, Talakhadze. This house was located near the Special Operation Department (so-called Moduli) Building.  We have investigated the fact and every document on that property was drawn under the law. In this particular case, we did two things: on the one hand, I applied to the prosecutor’s office and demanded to punish the people who breached the law; on the other hand, the victim should be compensated for the damage they received after the deconstruction of the building, besides that they should be compensated with the income they received from the enterprise. In addition to that, victims should have been reimbursed for moral damage, though, nobody has thought of it yet. Early in 2005, the property of Irina Nergadze was destroyed. In this case we witnessed some violations in the documents; however, the property was registered at the Public Registration Department where the reports showed that the building was legal property of that person. Nobody had right to destroy private properties of Nergadze and Talakhadze.”

“I applied to the Prosecutor’s Office and City Hall regarding the Shushis Sakhlis deconstruction. I received an incredible reply form the City Supervision Service Department-they wrote those buildings were not destroyed yet. First of all, a lot of people witnessed how the building was being destroyed in the presence of above-mentioned department and the board of the department was making comments on the fact in the area. A public official should not have said similar lie. If the building were not destroyed by the Supervision Service Department, then even worse things are going on in the city.  There is some unidentified institution in the city that approaches buildings at daytime and pulls them down. However, nobody is responsible for the offence. There is no institution to protect people from such illegal activities,” said Public Defender.

Several private properties were destroyed under the same rule. The operations had great resonance from common people and different organizations. There were series of protest demonstrations, loud statements were made at the parliament and suits were brought to the court; however the court has not made any conclusions regarding any of these cases.

Victim people, as a rule, apply to the Public Defender’s Office. Subari has materials of nearly all cases. Representatives of the Ombudsman studied the materials in details and made a conclusion. Subari said in his conversation to the Human Rights Center that in Georgia rights on private property is obviously violated. The violation envisages not only deconstruction of buildings, but very often the properties were forcibly transferred to the state.

Sozar Subari: “In 2004 there were several facts of violating the ownership in Georgia.  At that particularly transfer and seizing of the properties took place in the country. Under the law, I appreciate the seizing of the illegal property; however, if somebody privatized a plot or an enterprise in the past and now they are looking through the documents. It means every document should be looked through and another revolution must be launched. It is incredible to seize everybody’s property. The case materials show that these people have purchased the property legally.

This year, some owners transferred their properties to the state. Some of them gifted their property after detention and then they were released. Although there were too many similar facts, the only case, where I think I succeeded, was farmer Nodar Maisuradze’s case, who struggled through and gained his property back. Unfortunately, the offenders who tried to seize his property have not been punished yet. In 2006, a new series of ownership violation started-that was deconstruction.

The only way out in such circumstances, according to Public Defender, is the following: “This is violation that is envisaged under the Georgian Criminal Code and means the annihilation of strange property. Person, having committed similar crime should be punished and the second-the victims should appeal to the court. If the City Authority predicts that they might lose a trial, the problem will be solved. The victims should struggle through and demand compensation for the damage.’

Transferred Property

As for the transferred property, the parliamentary opposition has got hold of the list that confirms the fact of transfer of some properties to the state. Although the list does not give the compete picture of the situation, one and the same text is repeated in the transfer reports arranged between companies or private people and the Ministry of Economics. One of the examples is: “Mr. Lasha Shakaia, director of the Natvris Khe Ltd and Revaz Lortkifanidze, representative of the Georgian Ministry of Economical Development applied to me. Shakaia stated that he wanted to transfer the property of the Natvris Khe Ltd-facilities (of 201, 8 sq. meters of basement; 224, 34 sq. meters of entresol; 574, 65 sq. meters of the ground and first floors) to the Georgian Ministry of Economical Development. Lortkifanidze said that the Georgian Ministry of Economical Development wanted to receive the property without any charge…”

Conservative Party has materials that confirm the similar arrangements. More precisely, an arrangement 1 dated by 30.10.2006 signed with the Natvris Khe Ltd on property of 869.500 GEL in Rikhe district. Arrangement 2 dated by 30.10.2006 with Valter Shakaia, on property of 260 850 GEL in Rikhe District; Arrangement 3 dated by 06.11.2006 with Vladimer Abashmadze and Besik Zhghenti on property of 867.750 GEL in Rikhe District; Arrangement 4 dated by 07.11.2006 with Georgian Sport Society Martve; Arrangement on property of 1.388.400GEL in Ts. Dadiani Street; Arrangement 6 dated by 10.11.2006 with Manana Gabechava on property of 433.750 GEL in Rikhe District; Arrangement 7 dated by 16. 11.2006 with Nani Kalatozishvili on property of 277.536 GEL in Rikhe District; Arrangement 8 dated by 20.11.2006 with Gogita Ltd on property of 867.300GEL in Abano Street; Arrangement 9 with Irakli Ltd on property of 867.000GEL in Grishashvili Street; Arrangement 10 with Davit Djaniashvili on property of 520.200 GEL in Chavchavadze Avenue.

All above-mentioned documents show that in October-November, 2006 the property of 6.352.286GEL was deprived from their owners. Representatives of the Conservative Party called these facts stark examples for governmental harassment and demand the President to raise a question on the liability of the Minister of Economical Development. They call upon the Prosecutor General to launch large-scale investigation on the situation.

Eka Gulua