Categories
Journalistic Survey
Articles
Reportage
Analitic
Photo Reportage
Exclusive
Interview
Foreign Media about Georgia
Editorial
Position
Reader's opinion
Blog
Themes
Children's Rights
Women's Rights
Justice
Refugees/IDPs
Minorities
Media
Army
Health
Corruption
Elections
Education
Penitentiary
Religion
Others

Because of “Principles” of Adults, Children Remain Homeless

June 25, 2007

surb.gif

Under-age children, eight-year-old Nika and five-year-old Ia Kikavas remain homeless because of principles of the adults. Batumi City Court has been discussing the argument between the children and their uncles, Temur and Vaza Kikavas. They argue about the estate inherited from the grandfather. The children have their right violated because of their parents.

The children faced the danger of remaining in the street when the investor got interested into their house in Hidar Abashidze Street #10 (former Turgenev Street). The grandfather of the children, Ahmed Kikava, a famous teacher in Batumi, lived in the house. The late man had three sons-Vaza, Temuri and Soso. At the moment, the lawful owners of the house, according to the documents at the Public Registration Department, are Vaza and Temur Kikavas.

Soso Kikava’s wife, Irma Khabadze, said that her brother-in-laws got hold of her late father-in-law’s property illegally and left their little nephews without share. “Elder brother lived in grandmother’s house on Ortabatumi, the second brother lived in the house in Gorki Street and the youngest son, my husband Soso Kikava lived in this house. The brothers took advantage of my husband’s death and registered the house on them. My husband and children were born and grown up in this house and they are legal heirs of Ahmed Kikava.”

Irma Khabadze said that the reason for her family disaster was drug addiction. The widow woman said that she had wasted whole property on her husband’s addiction.

While the husband was alive Khabadze had to go abroad to work. “In October 2005 my husband died. They did not wait for me and buried the man.”

In 2006 Temur Kikava, Russian resident registered the house on his name at the City Municipality on the basis of his father’s will in which he was declared the only heir of the property. At the moment he owns 67 sq. meters of the house. The elder brother, Vaza Kikava owns 22, 5 sq. meters in the house that is at the City Hall balance. In fact, the house is much larger and the rest of the space is not registered at the Public Registration Department. The total space of the land is almost 500 sq. meters. Medea Vasadze, lawyer for the Khabadze, said that the brothers got hold of the property through violating the rights of their nephews. She has information that Community “Lotos” granted Temur kikava with the accommodation of 250 sq. meters and 50 sq. meters of commercial space in exchange of the  territory. Vaza Kikava received the same dwelling-space because of his merit in the Community.

“In fact Vaza Kikava has not transferred any money to the Community. We checked all documents and found out that “Lotos” is building one more house in the neighbor yard and distributed much more space for the similar amount of space in old house. The brothers are taking advantage of the situation and state that Vaza Kikava had no share in the house. However, in fact Vaza lived in the village of Ortabatumi in the Khelvachauri District for many years. The City Hall granted him with the flat illegally. Consequently we had the flat sequestered but later on the judge illegally abolished the seal on the house.”

Temur Kikava replied his sister-in-law’s accusations with his own accusations. He said that Khabadze is speculating with her sons. “Human Rights Center got interested into the rights of her children only now but nobody cared about the rights of these children when the mother abandoned them and went to Turkey. She had left the sons with various families. Now she is dressed in black to mourn on her husband though she does not even know the grave of our brother. I do not have a family and I am ready to share my property with my nephews, however Khabadze should not touch the children’s property.”

Temur Kikava said that he has already given the share to his youngest brother. “After marriage, I gave them the key and power of attorney of my flat in Gorki Street. I lived in Moscow and they sold the flat; then they sold furniture and jewelry from the house of our father. You know that drug addict can sell even his/her own parents. For the reason father handed down the house to me in his will.”

Argument of Khabadzes and Kikavas has become the topic for court discussions. Temur Kikava said that Khabadze has introduced fraudulent documents to the court. “Khulo district notary, Makharadze was detained for issuing fraudulent warrant on the lawyer. Thus the prosecutor’s office should get interested into Kikava’s activities too.”

“Initially Temur sent warrant to his brother in the name of Russian citizen. When the notary did not satisfy his demand, Temur arrived in Georgia unexpectedly and signed the contract with “Lotos” with his Georgian Identity Card. We can prove that Temur crossed the border illegally and has received double nationality illegally.”

It is strange but both parties blame judge Nino Vashakmadze for suspended case discussion. Khabadze said that the judge supports the “Lotos”. “They abolished sequestration on the house in order to give chance to the “Lotos” to dismantle the house and start reconstruction until we regain our rights over the flat. Afterwards, they will give us necessary share from Temur Kikava’s share. Now, if we regained our share, we would offer our conditions to the investor.”

Non-governmental organization Human Rights Center’s Batumi Office states regarding the situation that the children’s rights are violated. “According to the general principles, the child has right to live and to be grown up in a family. If the children are left homeless, it would have bad influence on their future. Although the late property owner has left the will, the question on granting necessary share to the heir must be considered. In this particular case, the children have right on necessary share of their father’s property. Thus, the question raised in children’s favor will be quite legal,” said Bakur Bolkvadze, lawyer for the center.

Emzar Diasamidze, Batumi 

News