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Victim of 2008 August War Requests Compensation for the Damage

May 20, 2016
 
Lado Bitchashvili, Shida Kartli

On May 17, Human Rights Center’s Shida Kartli office representatives held a press-conference in the Gori Democratic Engagement Center. The press-conference was about the case of individual entrepreneur Temur Gigashvili, who was victim of 2008 Russian-Georgian War; he claims compensation for the damage.

Temur Gigashvili said Russian military forces completely destroyed his fish farm in Karaleti village, Gori Municipality during 2008 war.

“During the war, several units of Russian soldiers entered our village. They ate part of the fish and set the second part free from the reservoir because they used the pool for swimming. They also destroyed my bee-farm. When the Russian soldiers left the village, I applied to that time governor of Gori municipality Davit Khmiadashvili and asked to give compensation for the damage. The district administration sent me a letter to notify that my application was registered in the data base of the people who would receive compensation. I waited for three years and then I applied the district administration again. They refused to give me compensation because of lack of funds. I have been asking for compensation for years, but in vain,” Temur Gigashvili said.

In accordance to the November 12, 2009 report of the independent audit, Gigashvili received damage of the value of 285 620 GEL.

Gigashvili took a loan of 120 000 GEL in the frame of the state program on cheap credit to restore his fish farm but now cannot pay half of the debt.
8 years after the war, Gigashvili, with the legal aid of Human Rights Center, appealed the Gori district court to claim compensation of his damage.

“The lawsuit was prepared based on the constitutional obligation of the state to protect its citizens. Also, the state has a responsibility under the law to pay compensation to the victims of war and emergency situations,” lawyer of Human Rights Center’s Shida Kartli office Aleksi Merebashvili said at the press-conference.
Head of the Gori district legal aid service Revaz Gogiashvili said Temur Gigashvili had not applied to the district administration for compensation since the City Hall and district administration were divided into two separate institutions. However, even if he applies, there are not funds for the compensation of war victims in the local budget. He said the Government of Georgia shall make decision about it.

Human Rights Center has several claims in its lawsuit to the Gori district court: full compensation of the damage, but if the Gori district administration will not be able to pay the full compensation to the war victim, they request to cover at least the debt of Temur Gigashvili, which he took in the frame of the state program on cheap credit. 

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