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Court Refused Repressed Citizen to Grant Pension

July 2, 2010

Maka Malakmadze, Adjara

Lidia Lomtatidze applied to the Human Rights Center for help. Her father Dimitri Lomtatidze was a political victim. Lidia and her brother Anatoli were born when their father was in exile. However, unlike her brother Lidia Lomtatidze cannot receive pension of the repressed person.

According to the Law of Georgia on Declaring Citizens of Georgia Victims of Political Repressions and Social Welfare of Repressed People, a victim of political repression can be “a person who personally became the victim of political repressions; spouse and child of the victim of political victim…” Although the father and brother of Lidia Lomtatidze are victims of repression, and she spent one year in exile together with her father, the court refused Lidia Lomtatidze to find her victim.

“I was born on January 8, 1952 in Russian Federation; more precisely in the village of Arbogari in Shilkin district in Chita oblast. My mother – Maria Podolskaia and my father Dimitri Lomtatidze were in exile and they got married in the Chita oblast. My brother and I were born in their exile and lived there with our parents before August of 1953.”

The notification of the Security Ministry of Georgia issued on March 14, 2002 confirms the fact. “Dimitri Kapitoni Lomtatidze, born in Chokhatauri district in 1913, was exiled to Chita oblast for 6 months from October 17, 1946 based on the resolution # 9871 issued on August 18, 1945 because he served in German Army after he was captured hostage during the Great Patriotic War.”

Lidia Lomtatidze appealed to the court in 2006 and requested victim status. However, Judge Nino Sharadze at the Tbilisi City Court took the position of the defense side -Joint State Fund of the Social Insurance of Georgia into consideration. The representative of the Fund stated that the evidence provided in the case materials do not prove that Lidia Lomtatidze really lived with her father in exile. The suitor had provided the birth certificate to the court in which the place of birth is Shilkinki district and identity card where the place of birth is Russia.

Lidia Lomtatidze appealed against the court decision but neither higher instance of the court satisfied her suit. “If my brother receives the pension, why should I not receive it? I am going to petition to the president of Georgia. I hope he will be generous to our family. I deserve the pension of the repressed person according to the law and cannot get it because of unfair decision of the court. Does not Georgia have money to pay pension to one repressed person?” asked Lidia Lomtatidze who looks after her sick mother who has been bounded to the bed for many years. The family has no more income besides her mother’s pension.

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