Mother Threatens to Commit a Suicide Together with her Seven-Year-Old Child in front of the Court Building

Gulnaz Arikh Khizi, a resident of the village of Kharadjala, in the Telavi District, threatens to commit a suicide. Azerbaijan woman said that the reason of her decision was a criminal case that was launched against her at the Telavi Police Station. She is accused for disobedience. Gulnaz Arikh Khizi claims that law enforcers pursue her on national grounds and threaten to detain her.

Arikh Khizi’s husband, Oruj Khara Oghli was already detained. He did not follow the order of Davit Jorjadze, a court executor of the Kakheti Executive Bureau. Under the Telavi District Court’s decision, made on September 21 1999, Oruj Khara Oghli was to pay 4 500 USD to his first wife, Safaiat Alieva, whom the man was not officially married to. Besides that, Alieva was granted with a room and a shed in the house of her former husband. During the processing of the court decision, under Jorjadze’s decree, Alieva was granted with the house in the village of Kharajala where Oruj Khara Oghli lived together with his second wife and parents. Executive bureau did not estimate the owner of the house and made a decree orally and thus violated the law.

In 2001, Alieva applied to the court for the second time and demanded to evict her former husband and his family from the house. She also demanded to deprive them from the right of using the house.  The court satisfied her appeal without having estimated whether the house belonged to Khara Oghli or not. The decision was lawful and nobody appealed it at the Appeal Court.

Later on, Leila Karam Khizi, the second wife of the official owner of the house, appealed to the Telavi District Court. She demanded to abolish Jorjadze’s decree and technical passport issued by the Telavi Technical Registration Service Department on residential house. Leila Karam Khizi said in her appeal that on February 5 2002 her husband, Khurbanov Khara Ibat Oghli died. Three months later she applied to the village municipality to receive inheritance.  However, there she learned that the house was registered on their former sister-in-law Safaiat Alieva. Nobody had informed them about it. Leila Karam Khizi said in her appeal that they had information about the Telavi District Court’s Verdict under which Alieva was given one room in the house. The applicant wonders how her husband’s property could have been registered on Alieva. Leila Karam Khizi thinks that the executor should have found out who the owner of the house was and then pass a decree.

The court did not satisfy Leila Karam Khizi’s appeal. Judge Marika Tsertsvadze stated in the decision that there had already been a court verdict on the case and she could not discuss it again.

Oruj Kara Oghli’s representative, Zakro Butiashvili said that the judge Tsertsvadze should have demanded the document from the public registration office which would find out whether the house in the village of Kharajala was registered on Kara Ibat Oghli or not. “The judge should not have made decision on the basis of court executor’s oral definition and should not have passed illegal verdict,” said Butiashvili.

Notification issued at the Telavi Technical Registration Service Department on December 13 2002 confirms the fact that the house was not registered on Oruj Khara Oghli.  According to the same notification, the house is not registered on Safaiat Alieva; however, a year ago a technical passport of the house was given to Alieva by the Individual Residential Fund.

Gulnaz Arikh Khizi said that her husband, who is detained now, had appealed against the Telavi Technical Registration Service Department regarding abovementioned violations in vain. “My husband was detained because he did not want to leave his father’s house. That house had never belonged to my husband but the court and the executor made everything fraudulent. Now they have launched criminal case on me too. They say they should evict me from the house according to the judge’s verdict. If I do not obey them they would detain me. I asked them what should I do with my child and they told me I would take him with me wherever I go. I have nowhere to go. Should I leave my seven-year-old child in the street? They are making fun of me at the police station. Investigator Giorgi Gakhutashvili does not consider me to be a human being. He tells me to go and find justice in Azerbaijan. Although I am Azerbaijan, I am a Georgian citizen. I was born and grown up here. They should not disregard me on ethnic grounds,” said Gulnaz Arikh Khizi.

Giorgi Gakhutashvili, an investigator for the Internal Ministry’s Main Department does not comment on the situation.

Telavi District Prosecutor, Aleksandre Feriashvili said that nobody disregards Arikh Khizi on ethnic grounds. “I got interested in her accusations and I want to convince you that there had no similar facts regarding her. However, I would like to state that if somebody has dared or would dare in future to disrespect the woman, would be punished,” said the prosecutor, who also added that Telavi District Prosecutor’s office does not discuss the appeals received from the Georgian Prosecutor General’s office. The appeal states that executor for the Telavi Execution Bureau, Jorjadze had acted illegally.

Representatives of the Telavi Execution Bureau do not comment on the situation either. It was impossible to get in touch with Davit Jorjadze.

Lawyers for the Human Rights Center studied the case of Gulnaz Arikh Khizi on the basis of her appeal. “Court decisions are illegal; however it is enacted and cannot be appealed against. Thus the court made illicit final decision. Under the Georgian Civil Procedural Code, Article 421, final verdict can be appealed of there is some new proofs on the basis of what a new investigation should be launched.  In this particular case if law enforcement bodies prove that the executor had breached the law, it might result into launching new investigation,” said Lia Khuroshvili, a lawyer.

Gulnaz Arikh Khizi said in her conversation with the Human Rights Center that unless criminal case is launched against Davit Jorjadze, to protest the illegal verdict on her family, she would commit a suicide together with her seven-year-old in front of the Telavi District Court building.

Gela Mtivlishvili, Kakheti