Evicted Family Demands Reimbursement from the Internal Ministry

Administrative Bureau of the Tbilisi Regional Court discusses the appeal of Malkhaz Gumashvili, a resident of the village of Duisi in Pankisi Gorge. Gumashvili demands the court order the Georgian Internal Ministry to reimburse him personal damages of 15,000 USD. As a result of the bloody special operation, the policemen killed two people. The Unit of Special Mission murdered twenty-three-year-old Vakho Gumashvili and the brother of the suitor, Avto Gumashvili, died in the subsequent house fire. Residents of the gorge still suffer from the trauma as a result of the special operation.

The tragic story happened ten years ago. Otar Margoshvili, a resident of the village of Duisi raped Avto Gumashvili’s wife in front of her small children. Since the time of Gumashvili’s divorce, Mr. Gumashvili has been looking to exact revenge on Margoshvili.  It must be pointed out that the old tradition of vengeance is still very strong in the Pankisi Gorge.  Consequently, the family of Margoshvilis left the village and tried to hide from the rivals for a long time. For the last time they were renting a flat in Telavi. Gumashvili heard about their temporary residence and visited the man who had raped his wife.  However, the latter could not kill him in front of his wife and children and wounded in the leg.

Police launched a criminal case was launched on Gumashvili who was declared wanted. However, that time employees of the Administrative Board of the village of Duisi, said the police had never invited Gumashvili to interrogation. The neighbors of the Gumashvilis claim that the wanted man was in his house and was not hiding at all.

Despite the fact, on July 3 2005 a special operation was carried out in the village of Duisi in order to arrest Avto Gumashvili. Witnesses say that the number of law enforcers was over two hundred. “The door of Avtos’ house was locked. However, his friends were speaking with him through the window. Soon the policeman opened fire and Avto also fired back in air. He wounded nobody. Nevertheless the policemen wounded several peaceful citizens.   “They shot something at Vakho’s house and consequently the building was set on fire. Everything was in heavy smoke. We saw Avto’s twenty-three-year-old Vakho Gumashvili jump out through the window who had visited his relative on that tragic day. Vakho was holding his hands up; apparently he was going to give in the police. However, the law enforcers killed him immediately. As for Avto, he was burnt down in the house. When the fire was put out, the policemen rushed into the house, picked up the bones, put into the bucket and left the area,” recalled Jemal Chofikashvili, a witness of the special operation.

After the special operation, relatives of the Gumashvilis and residents of the Gorge have demanded to punish those policemen who had abused their power in vain.

“During the special operation, the policemen were stating that my brother was keeping hostages in the house, however there was nobody else in the house except Vakho, my little daughter and mother. My child received a serious trauma during the accident. Her health worsened and lost eyesight. She often faints and doctors claim that the girl needs long term treatment; though I cannot afford it. We are still homeless and live in a relative’s house. My mother’s health is also very poor who witnessed her son’s death. In addition to that, all her property was burnt down and the house cannot be repaired at all. We have demanded the punishment of those policemen, but nobody has paid attention to us,” said Malkhaz Gumashvili.  Dato Managadze, a lawyer for the non-governmental organization, Human Rights Center, is defending his legal rights.

Before Malkhaz Gumashvili appeals to the court, He demanded the Internal Ministry to reimburse the damage however, his appeal was not replied at all.

“We petitioned to the Internal Ministry to assist Malkhaz Gumashvili and reimburse the damage. However, the petition was not replied at all. We petitioned to the Ministry on July 27 2006 for the second time and they informed us that the case materials were sent to the chancellery of the General Inspection. Later we found out that the materials were not sent to the Inspection at all.  Finally we received a reply from the Internal Ministry that the discussion of this case was beyond their competence and consequently we applied to the court to demand the reimbursement. Our suit is enclosed with the notification of the Akhmeta District Municipality which stated that the house, burnt down during the special operation, belonged to Malkhaz Gumashvili. In addition to that the suit is enclosed with the Audit Report which states that the total value of the house was 29 944 lari. Under the current legislation,  the state is responsible for the damage which results from the activities carried out by any governmental body, high ranking official or any other public worker,” said Managadze who added that the process was postponed several times for various reasons.

Regarding Malkhaz Gumashvili’s suit, nobody comments on the fact at the Internal Ministry. As for Gumashvili’s daughter, her health is getting worse day by day.

Gela Mtivlishvili, Kakheti