14 Families Will Be Homeless After the Varshalomidzes Return to Their Properties

Maka Malakmadze, Batumi

The fate of the families living in Z. Gorgiladze Street N 4, Batumi has been vague for 20 years. They know they should leave the house before 2012 but they do not know where they should go and who should compensate them for their loss of the property.

On September 5, 1989 the Batumi People’s Court decided to return the house to the dispossesed family of the Varshalomidzes. 14 families living that house now. After the Varshalomidzes had their property returned, the fate of the 14 families, who then live in their flats illegally, remained vague.

The families were lodged in the building by Executive Committee of the City Council (a Soviet Regime institution) which is the legal predecessor of the Batumi City Hall. The neighbors do not have any information about three of the families--they just suppose that the Varshalomidzes have paid them money. As for others, one family sheltered with a brother’s family; a second family moved to Greece; and one family was evicted from the house in 2000. Only 8 families out of the 14 now live in Gorgiladze Street N 4.

“Does the Law Work Only for Varshalomidzes?”

The Human Rights Center spoke with several people residing in Gorgiladze Street N 4.

Genadi Kakabadze: “My father moved into this house in 1919. In 1936 my brother Roland Kakabadze was born. He and was evicted from the house by the Varshalomidzes and does not live here. I am 70-year-old and have been living in this house since 1939.”

“My father died in the war and was buried in Russia. My mother, my brother and I lived in this house legally and where should I go now? We do not argue with the Varshalomidzes; the City Hall lodged us in here and they should also compensate us. We have time before 2012. Maybe they are waiting for our death to have the space emptied.

“When we requested the City Hall to pay the compensation, they say we are not registered at the address and the house has a different owner. However, during the elections we receive election bulletins here.”

Nanuli Komakhidze: “We hold the warrants issued by the City Hall which allowed us to live here. If the Varshalomidzes returned the property, somebody should pay compensation to us. Everywhere we are sent to other institutions: the Ministry of Economics sends us to the City Hall; the City Hall sends us to the state though we cannot understand who the state is. Nobody takes responsibility for compensating us. Does the law work only for the Varshalomidzes?”

Valentine Petrenko: “The court states that the property belongs to the Varshalomidzes. It seems that nobody bothers us and we can stay in the houses until 2012. Once we received a notification from the City Hall which stated that we have to pay 8,000 GEL to the Varshalomidzes. The notification stated that we have to pay 100 GEL a month as a rent. We argued about it and since then nobody has requested it again.”

The Varshalomidzes with Rehabilitated Property and Invalid Law for the Population

Law of Georgia on the  Relations Arisen from the Use of Dwelling Space was adopted by the Parliament of Georgia on June 25, 1998. Article 8 ' of the Law states that in this case “the temporary residents shall be compensated by the state after January 1, 2007.” However, the law does not work for the dwellers at the Gorgiladze Street N 4.

The communal two story house has belonged to Iusif Varshalomidze since 1919. It was seized from him in 1936. The house was assigned to the communal foundation and citizens were lodged there.

In 1988 the descendants of Iusuf Varshalomidze appealed to the court and requested the return of their property. On September 5, 1989 the Batumi People’s Court granted their request. “The Executive Committee of the State Council in Batumi shall return the space of 1,003 sq. meters in the intersection of Shaumiani and Gorki Streets in Batumi,” was the court decision.

On May 23, 1990 the Executive Committee of the City Council passed resolution N 405 based on which the court rendered its decision. However, the decision does not state anything about the fate of the 14 families who were living in this house legally.

In 1995 the Supreme Court of Georgia decided to prolong the property rehabilitation process for the Varshalomidzes and the property was assigned to them as a private property. The decision was final and no further litigation was to be initiated... The judgment of the Supreme Court mentioned nothing about the fate of the 14 families living in the house. However, they were mentioned as interested party at the trial.

After that, the legal dwellers started an argument about the house. Some of them requested compensation, others requested alternative accommodations; though in vain.

Leila Vadachkoria and Nanuli Komakhidze appealed to the court. Judge Jumber Bezhanidze gave them the same reply as their neighbors.

No from Every Institution

According to the Public Registration Agency documents of former technical archive 7 members of the Varshalomidzes are the owners of the house in Z. Gorgiladze Street N 4 in accordance with resolution N 400 issued on May 23, 1990 by the Executive Committee and in accordance with the court decision dated by May 4, 1995.

14 families applied to various state agencies and requested compensation from them and here are several official replies to their requests.

April 13, 2007. Administration of Adjara Authority: “According to the Law on the Relations Arisen From the Use of Dwelling Space the state is entitled to compensate the property owner only based on a court decision.”

December 21, 2007; Ministry of Finances and Economics of the Adjara Autonomous Republic: “This issue is not within the competence of the Ministry of Finances and Economics of the Adjara Autonomous Republic. You, the dweller, can request the state to compensate you with the market price of the accommodation but for that purpose you should appeal to the court.”

January 15, 2008. Ministry of Finances of Georgia: “The state budget does not have sums for the compensation envisaged in Article 2, Paragraph VIII of the Law of Georgia on the Relations Arisen from the Use of Dwelling Space. In addition, we think the dweller shall be compensated by the local self-government body from the local budget.”

January 16, 2009. Batumi City Hall: “The responsibilities assumed by the state are not the responsibility of the self-governmental body; the state is entitled to implement those responsibilities through corresponding structures. Thus, the requirements of the Law of Georgia on the Relations Arisen From the Use of Dwelling Space shall not be assumed by the Batumi City Hall and you should apply to the Ministry of Finances of Georgia.”

The Human Rights Center got in touch with Gela Makharadze, head of the Batumi City Hall Administration.

-Yes, the City Hall is the legal successor of the Executive Committee of the City Council and nobody denies that we have issued the warrants. The City Hall is not responsible for the fact that people have not privatized the houses since 1992.

-Before 1992 the space was assigned to the Varshalomidzes by court decision and how should dwellers have privatized the flats?

-The City Hall is not obliged to give them alternative accommodations because of old warrants.

-Who shall compensate them then?

-There is applicable law which entitles the state to compensate then.

-Is not the City Hall a state?

-Do you know the difference between the state and a self-governing body?

-The Ministry of Finances states that the local self-governing body shall compensate the families.

-The law is important for me and not the reply to the letter.