Illegal Constructions in Old Batumi and Residents Victimized Thereby

Maka Malakmadze, Batumi

Batumi City Hall has not signed the memorandum with the local residents on the rehabilitation of the infrastructure in Old Batumi. The residents have not signed an agreement on the construction of addingl spaces to their houses either. Batumi City Hall violates the program that has been prepared by their agency and approved by the Batumi Municipality Board.

Reconstruction activities in Old Batumi started in January 2009. However, the Batumi Municipality Board has not released the resolution on initiating the reconstruction. Nevertheless, the Reserve Fund of the President of Georgia had already allocated 5, 500 000 GEL to the local budget for the program. Initially, the name of the company that was  to implement the reconstruction activities was kept in secret. Today, we know that the Batumi Mayor has agreed the issue with a person and consequently the following companies will implement the program:  “Anagi” (a company owned by Zaza Gogotishvili, a single mandate member of the Supreme Council of Adjara Autonomous Republic); “Creative Impression Caucasus (a Company of Sulkhan Gogoiberidze)and “Pirosmani” (a Company of Merab Beridze).  Most of these companies are winners of the competitions that were held in Adjara. Besides that, these companies donated sums for the elections of the Supreme Council of Adjara Autonomous Republic on November 3, 2008: Creative Impression Caucasus allocated 99 941 GEL; and “Anagi Ltd” allocated 94 527 GEL.

The Human Rights Center tried to find out the exact amounts of money that were allocated to the Building Companies in order to carry out reconstruction activities and called Jemal Ananidze, head of Financial-Economic Department of the Batumi City Hall during working hours but he refused to comment on the issue saying: “I am going to play football and I am busy.”

The Municipal Program for 2009 on the “Rehabilitation of the Historical Districts and Tourist Infrastructure in Batumi” was prepared by the Department of Public Services and Amenities and Financial-Economical Departments of the Batumi City Hall.The Municipality Board released the resolution on the program only on February 25, 2009 and February 26 was fixed as the starting date for the reconstruction activities. The following paragraphs are included in the resolution:

Paragraph # 7.2 of the Resolution: “Additional space will be constructed as an addition to the buildings based on a written agreement with the owners of the buildings.”

Paragraph # 7.5 of the Resolution: “Relationships regarding the on going reconstruction activities are regulated based on a written agreement between the owners of the buildings and the Batumi City Hall.”

Local residents state they have not signed any agreements with the Batumi City Hall.

Discontented Residents

The Rehabilitation Program of the Tourist Infrastructure of the Historic Districts in Old Batumi officially involves 20 buildings. Having checked the addresses of those buildings we found out that rehabilitation activities are going on at Dumbadze Street N 3 though it is not mentioned in the resolution of the Batumi Municipality Board. The family of Sikharulidzes in Rustaveli Street N 16 stated they have built the mansard with their own expenses before the program started; however their house is one of those twenty buildings that should be rehabilitated within the program. The residents are discontent regarding the program. Most of them have houses that were damaged as a result of the reconstruction activities. “City Hall promised to compensate us for the damage if we keep silent,” said local residents.

Marina Meladze, Rustaveli Street N 14: “The City Hall started reconstruction activities without having warned us. I have not signed a memorandum. The only document I have signed is a geologic examination of my house. I do not know whether they have examined it but I have not seen anybody here. Nevertheless the reconstruction has started.”

Eter Jincharadze, resident of Baratashvili Street N1 has not signed a memorandum with the City Hall either. Mansard is being constructed on the roof of her house as well. Jincharadze complains to the company that is carrying out the reconstruction activities. “Two building companies are working in this street. They installed metal-plastic window-frames in one house but did not do it at the next house. The City Hall funds the reconstruction of both houses. Why does it happen so that one house is reconstructed at high quality and the second is not?”

Venera Motskobili, resident of Baratashvili Street N 1: “I have not signed an agreement. They have not offered anything to us. The construction has started illegally. During the rainy weather it is raining inside our house after the reconstruction started. The water has leaked to the second floor as well. Our flat is much damaged; the floor has been spoiled. Who will compensate us? They say they will cover our roofs with new plates that will cost 1 000 GEL and we should keep silent. Let them show us that expensive roof. The builders came and started to destroy the attick and then built up mansard. Nobody asked us permission. When we asked the builder what he was doing he said he was doing what was ordered. The head of builders promised us to repair everything if we do not complain. He said they are doing everything that we want but I did not want mansard at all. I lived perfectly in my flat and when I could afford construction I would have done it then.”

Where is the Reserve Fund of the President of Georgia Spent?

Resolutions N 11 and N 20 of the Batumi Municipality Board on the rehabilitation program of the historic districts of Batumi and infrastructure states that  5. 5 million GEL was allocated from the reserve fund of the President of Georgia for the planned reconstruction.  Resolution N 865 of the President of Georgia was issued on December 18, 2008; however the resolution cannot be found in the data base of the GSS Code. According to the Human Rights Center this sum  already had been transferred to the budget of Batumi at the end of 2008.

The legislation of Georgia on apportioning the sums from the reserve fund in the case of necessity states: “Funds can be apportioned from the Reserve Funds of the President of Georgia and the Government of Georgia in case of emergency; like natural and other disasters; in addition to that to fund the state taxes.” (Article 13 of the Law of Georgia in Reserve Funds of the State Budget). In this case 5.5 million GEL was allocated for the rehabilitation activities of Old Batumi on December 18, 2008. It happened after the war in August, 2008. Over 4 000 people became migrants for ecological reasons in Adjara and 350 of them are homeless. The same number of IDPs from Abkhazia needs assistance.

Batumi City Hall Blocks Public Information

“I am not afraid. You can write that Gela Makharadze has locked documents in the drawer and I do not give them to the authorized person to give it to journalists.” That was the comment of Gela Makharadze, head of the administration at the Batumi City Hall when we applied to him to read the public information in the original documents.

The Human Rights Center several times applied to the Batumi City Hall for the public information on rehabilitation activities in Old Batumi, the Center did not receive any replies to official applications.

Appeal N 01/41, April 15, 2009: The Center requested copies of the agreements signed between the Batumi City Hall and the companies on the ongoing reconstruction activities in Old Batumi.

April 24, Administrative appeal to Robert Chkhaidze, Batumi Mayor:

According to Article 40 of the General Administrative Code of Georgia ,after the time provided for issuing the public information, the Human Rights Center sent an appeal to Robert Chkhaidze for not having received the requested public information on time.

May 14 - Batumi Mayor satisfied the administrative appeal of the Human Rights Center: “The requested information should be issued. Consequently, an official of the administrative office of the Batumi City Hall was ordered to provide you with the requested information.”  However, Irakli Surmanidze, head of the Law Department of the Batumi City Hall said that the public information would be sent to the Center within 10 days after the appeal has been satisfied. However, according to the Law of Georgia, a public agency is entitled to enjoy the ten-day period only if the information needs to be collected and worked out. In this particular case this problem does not exist. Furthermore, Lali Osepiashvili,  a person authorized person to issue the public information at the Batumi City Hall, stated that she cannot provide us with the information because the agreement documents are kept in the office of Davit Samnidze, deputy Mayor of Batumi City.

One more important fact is that in reply to the administrative appeal the Batumi Mayor did not name the specific person who will provide the Center with the information and when. Neither the Public Relations Department nor Law Department of the Batumi City Hall could tell us who “an official from the City Hall” is responsible to provide the Center with the requested information.