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Owners of the Houses Burnt Down by Warriors of “Mkhedrioni” Still Waiting for Compensation

October 10, 2007

What list was MP Grigol Kobalia inserted on and why did he become a victim?

Residents of the Darcheli, Akhalkakhati, Khurcha and Tsaishi villages in the Zugdidi District, damaged during the 1992-1993 hostilities, are demanding equal compensation for their losses. 113 victimized families are afraid that the state will not reimburse them for damages. Concern centers on the complex and confusing definition of who qualifies for funds as outlined in the state budget. The families have unsuccessfully applied for help to various bodies over the past fourteen years. The village of Darcheli recently announced that it intends to appeal the findings of the Samegrelo-Zemo-Svaneti Regional Prosecutor’s Office.

Houses in the village of Darcheli look as damaged as they were fourteen years ago. On November 16 1993, the members of the “Mkhedrioni” armed forces robbed and burnt down 27 houses in the village. Impressions from bomb explosions are still visible on the walls of many homes.

Bocho Kirtskhaia: “We built our house with much hard work. My wife and I were also working on tea plantations…”Mekhdrioni” warriors burnt down our house. On November 16 1993, so-called Zviadists (supporters of late president Zviad Gamsakhurdia) killed two members of the “Mkhedrioni”…Dodo Gugeshashvili was leading them…They were under the influence of narcotics. Initially, they robbed the house and then approached it with tanks. Then they bombed it. They [the government] were paying compensation gradually during ten years. That money was not enough to roof and repair the house. The government did not give the money all at once and small portions were spent on medicine. My son has cancer. My wife died…A short time ago I handed a petition to a bodyguard of our president. He promised that he would give it to Saakashvili. Nobody let me reach the President.”

Zurab Jikia: “Mkhedrioni” set my house on fire, seized my car, burnt my library and robbed the house. I was the first to be declared a victim by the government because they needed me to testify as a witness in court against the “Mkhedrioni.” We proved that “Mkhedrioni” members were not warriors but that they were ordinary thieves. Consequently, the state took responsibility to reimburse us for the damage.”

In 1994, the state found 113 families in the Zugdidi District to be victims of the illegal armed forces and allotted 2,347,810 lari in the budget for reimbursement. A full 1,128,629 lari of the amount budgeted should have been spent on the reconstruction of damaged homes. In 1995, the government began compensation gradually. There soon emerged various methods for distribution of the funds as outlined in the State Budget. Money was apportioned on people either as single allowances or as compensation to restore damaged homes. In 2005, the Law on State Budget decreased the amount offered in the “Compensation to Reimburse the Damage during Military Activities and Natural Disasters” to a sum of 129,800 lari for the affected families of the Zugdidi Municipality for reconstruction efforts. Valeri Kukava stated that residents of Darcheli demanded compensation for those families who had their houses damaged, but that the district administration wanted to distribute the money among all the families in the district who had been affected. “We, 34 families, categorically demanded compensation sums for [home reconstruction]. The District Administrative Board supported us at that time and planned to satisfy our demands. However, the situation has changed now…We doubt that the allocated money was distributed by mistake. Officials from the Municipality confess that they made mistakes in 2005 and also distributed funds to those people who were financially damaged as well. Similar decisions resulted in the unreasonable expense of 12, 000 lari. We wonder how local government will manage to get [our] money?”

Zaira Kilasonia: “The government created an artificial barrier between those victimized families whose homes were burnt and those [primarily] damaged financially. In almost all districts, funds were distributed according to the damage. In Zugdidi, however, everything was organized in a strange way. During Shevardnadze’s government, we managed to receive compensation through protest demonstrations and blocking the streets. But now it makes no difference whether you go on a strike or not…Our government is not going to reimburse our financial damage and no one cares about the moral one…”

According to Georgian Government Resolution # 315, dated by June 20 2007, 309,800 lari was allotted to the Zugdidi District Municipality from the state budget in order to reimburse victims of the damage caused by hostilities and natural disasters. The local government has not managed to distribute that money among victim families yet. Darejan Gabedava, Deputy Chairwoman of the District Municipality, stated that only those people whose homes were damaged will be compensated with these funds. “We do not discuss other sorts of damages yet. We received the findings of the experts at the Ministry of Justice. It clearly states that the total amount of the damage, as stated by the government, amounts to 1,130,600 lari. That money is allotted for reconstruction of the burnt houses. The government finished budgeting compensation with that last 309,800 lari. We are now ready to apply to the District Municipality with a recommendation to roof the houses now. We should now be done with reconstruction of the damaged houses. We have not received any concrete recommendations from the Ministry but the figures point to these being the last funds from the budget. The Municipality has invited accounting experts to estimate the real scope [and challenge] the vague letter received from the Ministry of Finance. They are fully aware how large the damage was. We still demand the Ministry of Finance reimburse all property damage.”

The victimized population of the Zugdidi district, having learned that only 309,800 lari was allotted for their compensation, held a protest demonstration in front of the Municipality building. A special meeting was organized in the municipality on the same day so that deputy governors and members of the special commission could meet affected citizens. Despite boisterous argument, the parties could not reach an agreement.

Susana Jikia: “We send at least five letters a year to various bodies. But their replies are very vague. As a rule they deceive us and we think that the government intends to appropriate the remaining 1,219,000 lari from our compensation elswhere.”

A short time ago, officials waved a new, two-page list in front of the affected populations in the Zugdidi Municipality, although none were allowed to read it. Human Rights Center’s Samegrelo Office managed to get hold of the recommendations and the additional list sent to the Ministry of Finances. Aleksandre Kobalia, interim Governor of the Zugdidi District, petitioned to Lekso Aleksishvili, Georgian Minster of Finances, to reallocate funds to reimburse the affected families. Kobalia also argued that the Ministry should take into account the additional people inserted on the new list. The total amount of funds requested was 360,564 lari.

According to the above-mentioned petition, “The commission discussed the appeals received by the district administration. Those appeals were sent by those people who were declared victims according to the verdict of the Criminal Collegium within the Georgian Supreme Court, dated by November 14 1997. These [newly listed] people were declared victims according to the corresponding self-governmental body (which worked from expert documents) but were not inserted on the original list.”

Cardiologist Guram Kvaratskhelia, was very surprised to find that he was inserted on the additional list of victimized families as he had never appealed to the government for compensation. “”Mkhedrioni” armed forces did attack us and seize our car. We even paid money to have the car returned. We discovered it in Odessa in Ukraine and had it brought to Georgia at our own expenses. However, we have never petitioned to the Zugdidi District Municipality for help. It was very strange for me to learn that we are on the list and that we would receive 5,282 lari in compensation,” said Kvaratskhelia. 

Family members of the late Zinobia Absanidze were also surprised to find their name on the list. They live in the village of Darcheli and have been allotted the large compensation sum of 23,755 lari. The family had also never applied to anyone for help.

 MP Grigol Kobalia, a resident of Zugdidi, also found his name inserted on the list of affected persons. He will receive 38,241 lari in compensation. The Municipality Governor, Aleksandre Kobalia, did not inform his father that he had inserted him on the list. The MP has not, however, declared himself a victim and says he knows nothing of the additional list.

The population of the village of Darcheli does not know whether the Ministry of Finances will honor the recommendations of the district municipality regarding reimbursement to those added to the second list. However, no one doubts that the local government has contributed 309,800 lari to those additional families. Since most people were surprised to see their names added to the second list, it makes the scenario that allotted money was illegal appropriated quite likely.

It recently became evident that the Human Rights Center’s involvement in the distribution of compensation and reconstruction funds seriously concerned the district municipality. Distribution of the funds was suspended and on September 27th 2007, Aleksandre Kobalia petitioned Levan Choladze , Chairman of the Georgian Chamber of Control, to send a special commission to investigate the disputes relating to distribution of the funds and to help resolve the situation. As the petition states: “In 2001 and 2004 the Samegrelo-Zemo-Svaneti and Guria Regional offices of the Chamber of Control checked unreasonable expenses in the district according to the resolution # 05/105, dated by April 27 2001, and resolution # 151, dated in 2004.Those two documents contain some contradictions.”

Nana Pajava, Zugdidi

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