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“Cow Settlement” Reached at Imereti Region Executive Bureau

March 25, 2008

Shorena Kakabadze, Kutaisi

On March 24 2008 Durmishkhan Khurtsilava, Khoni District executor of the Imereti Region Executive Bureau, with the support of the Human Rights Center’s Imereti Office concluded forcible judgment  based on a court verdict. The socially excluded family finally received justice after a protracted fight of five years.

Paata Otkhozoria, an IDP from Abkhazia, applied to the Human Rights Center’s Imereti Office for help. He lives in the compactly inhabited district of IDPs in the former building of Technical College in Nikea Street in Kutaisi.  Living conditions are far from satisfactory where he resides.

On October 15 2003 the cow of Otkhozoria was killed by a mini-bus driven by Lavrenti Benidze, a resident of Khoni. The family received the only income from the dairy products that this single cow provided

As it was reported the cow was killed on the scene of accident and the money earned from selling of the meat was given to Lavrenti Benidze based on the agreement between both sides. The parties made an agreement on the same day that later Benidze was to buy a cow to replace the one that he had killed. However, the agreement was breached because the defendant did not keep the promise and the socially excluded family remained without any source of income.

The damaged person appealed to the court and requested the reimbursement of the loss under the Georgian Civil Code Article 411.

“Khoni District Court discussed the suit of Otkhozoria and on October 27 2004 satisfied the suit. Lavrenti Benidze was imposed to pay the family 1,180 GEL. Although Benidze appealed the verdict, the Appeal Court allowed the initial verdict to stand. Otkhozoria applied to the Human Rights Center for help. He reported that the verdict was not executed yet. Moreover, he received the executive letter back because the defendant could not afford to reimburse his damage. However, as it was found out the family of Benidze owns both moveable and immovable property and could actually afford to reimburse the damaged family,” said Nana Chafidze, the lawyer for the Human Rights Center’s Kutaisi Office.

“I am tired of looking for justice all this time; I was only offended and no attention was paid to my plight all this time. When I received the executive letter back I lost final hope. However, I am determined not to allow anybody to deprive me from the final source of income for my impoverished family,” said Paata Otkhozoria at the Human Rights Center.

On March 24 with the support of the Human Rights Center’s Imereti office it was concluded to execute the court decision under force of law. The agreement at the Khoni District Court was reached in the presence of law enforcers and media representatives.

“In accordance to the court decision Lavrenti Benidze was forced to pay 1 180 GEL to Otkhozoria.   Benidze could not afford to pay the reimbursement. Consequently, Otkhozoria appealed to the court for the second time. The father of Benidze died and he was the only heir of the property. Today he promised that he would cover the entire amount of compensation within six months. More precisely, he is supposed to pay initial 500 GEL till the end of June and the remaining 680 GEL by late September. If Benidze breaches the promise (he also confirmed the statement) his property will be confiscated in order to the damages as ordered,” said Durmishkhan Khurtsilava, Khoni District Court executor.

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