A Citizen Requests Execution of Court Decision

Shorena Kakabadze, Kutaisi

Wife of Ramaz Gorgadze, participant of the Abkhazian war, requests to execute the decision of the Kutaisi City Court. According to the executive paper released by the court on April 7, 2007, judge instructed the City Hall to study the mentioned issue and to assign a plot to the family of Nutsubidzes. Marina Nutsubidze sent the application on the execution of the decision to the City Hall but this has not been reacted so far.

After facing some problems with local government and self-government institutions Marina Nutsubidze applied to the Human Rights Center for help. She said the family was in a very difficult situation. Her husband was active member of the Georgian Armed Forces and now he is a disabled person; their family is not protected today; furthermore they feel insulted by the central government and city government. The Kutaisi City Hall refuses to assign the plot on them for which she had appealed to various courts instances during many years and which was assigned to her by the court decision. 

There is application of the executor of the Imereti region Execution Bureau within the Ministry of Justice to Kutaisi Mayor Nugzar Shamugia in case materials. The application is about unexecuted decision of the Kutaisi City Court. The executor of the court requested the Mayor to execute the court decision and in accordance to the Article 15 – “c” of the Law of Georgia on War and Veterans of Military Forces requested to allocate a plot according to the estimated rules.

“Based on all documents I had collected during many years I should not have anything to argue about now. But I cannot persuade this people (officials from the City Hall). They are arguing me about my legal property. It happens when our president announces that entire country is supporting the families of war participants. Instead supporting us, the City Hall and municipality board are fighting against our family. Is it justice and protection of human rights?” said Marina Nutsubidze.

The Human Rights Center sent letter to the City Service Office of Economical Development and Foreign Relations in order to get information about the situation. The reply to the Center states that “in accordance to the protocol of the Competition Commission on Land Management released on April 24, 2003 the commission decided to appeal to the president of Georgia to assign the plot to people without payment. According to the letter of Kutaisi City Hall sent on June 12, 2003 the materials on assigning the plot without payment was sent to the State Department of the Land Management of Georgia. After that, the materials were sent to the Ministry of Justice. The letter of the deputy minister of justice states that the Law of Georgia on Land Management under State Property does not aim to assign the plots without payment. As for the allowances estimated under the Article 15 of the Law of Georgia on War and Veterans of Military Forces, it is about agricultural plot and not about the plot where a house can be constructed.” The letter from the Kutaisi City Hall to the Human Rights Center is signed by Iuza Ugulava, the head of the service office of economical development and foreign relations.

“I demand to observe law and execute the court decision. Why should we need the court if its decision has no power and cannot be executed? Reply to my application from the City Hall is avoidance of responsibility. Nobody wants to study my application properly. If they did, I am sure the justice would be on my side,” said Marina Nutsubidze.

Wife of the participant of Abkhazian war, veteran of Georgian Armed Forces tries to protect her rights at the court; she is going to sue against the City Hall.