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

Illegally Evicted Family Lives in Garage

July 24, 2007

gamosaxlebab.gif

The executor of the court evicted the family of Ednar Beridze from their flat in Khimshiashvili Street # 94 and they have sheltered into a neighbor’s garage for more than a month. The family is afraid of being evicted from their temporary shelter too because the authority is actively dismantling garages. Nikoloz Gegeshidze, the lawyer for the victim family, said that the Beridzes are illegally evicted from the falt. The court will soon discuss their case.

The Beridzes have lived in Khimshiashvili Street # 94 since 1993. During Soviet Regime, military servants from the Frontier Troops lived in the house. After the collapse of the Soviet Union, officers started to sell out their flats because they were leaving for Russia. {Art of the flats was transferred to the Batumi City Hall. The City Administration granted the Beridzes the flat at that time. “We moved into the flat in 1993. We can produce a residence warrant issued by the City Hall. Unfortunately, we could not privatize the flat. They told us we should privatize the flat if we were going to sell it,” said Ednar Beridze.

In 2003, Georgian Frontier Defense Department gained a suit at law against the City Hall. As a result, the flats in Khimshiashvili Street # 94 were transferred to the Frontier Defense Department. According to the court decision those inhabitants were evicted from their flats who had not privatized the property. Ednar Beridze was one among them who thinks that the court made illegal decision against his family.

“Although we were not invited to the trial, the court made decision against us. We have lived in the flat for 15 years. Our three children grew up here. If the country does not need us anymore, let them grant us with IDP status and send us abroad,” said Beridze.

Nariko Dumbadze, the wife of Ednar Beridze, said that the family is extremely impoverished. “We are unemployed. Our children are under-aged. We live below poverty level. Although we received 75 points out of 100 total during the survey, the government seems to promise us assistance in the field of healthcare only. However, at Infection Hospital we were not treated without money. Only after Merab Gogoberidze, a representative of the NGO, assisted us we could receive our money back. Now we live in the garage of our neighbor; but the City Hall is supposed to dismantle it too because they have already destroyed other garages in the area.”

Together with the Beridzes, the City Hall evicted the family of Jumber Togonidze. The latter could not find a garage yet and they are spending nights in the entrance. Last year, Anzor Baramidze’s family was also evicted from the flat for the same reason. “Baramidze appealed to the court. He gained several suits at a law but finally he lost it. He was forced to break into his own flat to spend nights there. The officer who was lodged into Baramidze’s flat by the Frontier Defense Department, refused to accept the flat saying “I cannot build up my happiness at the expense of other people’s problems.” Finally, the President granted Beridze with the flat. As soon as I was evicted, Imeda Brujnadze, a resident of the village of Ortabatumi, was lodged into my flat. Now he is proudly looking at me from my veranda,” said Beridze who applied to the Human Rights Center (HRIDC) for help.

Lawyer Nikoloz Gegeshidze said that the court decision against Beridze is illegal. “Executive Bureau executed the verdict and we do not protest it. The point is that Beridze has not lost the suit. Only City Hall was invited to the court as a defendant. Consequently, we have appealed to the court regarding new circumstances. Ednar Beridze learned about the decision of the Executive Bureau only four years later when he received the execution notification at home.”

The lawyer claims that Beridze has chance to win the suit. “Russian Frontier Troops really transferred several flats to the Georgian Frontier Defense Department; however the list does not include the apartment # 44 in which Beridze lived. Based on the mentioned document he has been legal owner of the flat for many years. Thus, according to the Georgian President’s Resolution # 73, Beridze has right to enjoy his right to permanent property. The resolution states that those citizens, who lived in the flats registered on City Hall, can now privatize their apartments.”

Badri Bitsadze, the head of the Frontier Defense Department, made a statement after Beridzes’ eviction, and his words stirred up hope in the victim families. Bitsadze stated that he had nothing to argue about with Beridzes, Togonidzes and four more families who were evicted from their flats.

Officials from the Batumi City Hall do not make comments on the eviction. Gela Makharadze, the head of the Legal Service Department within the City Hall, said that he does not know anything about the situation. “Nobody has applied to us. If the decision was legal what shall we do? It is not Communist Regime now when the government was responsible to provide citizens with flats. Bu the way, I also rent the flat.”

Human Rights Center’s Adjara Office is deeply concerned regarding the situation and considers that the principle, declared in the Constitution-impermissibility of private property, is blatantly violated. “There is unstable lawful background in the country regarding the situation that is supposed to last for a long time. The fact that only City Hall attended the case discussion as a defendant must be considered as a serious violation of procedure regulations. The violation can be viewed as a good reason to discuss the case again; the victim family must definitely have involved the proceeding with the status of the third party.  We hope the court will impartially discuss the situation and pass lawful decision on the case,” said Bakur Bolkvadze, lawyer for the organization.

Emzar Diasamidze, Batumi

News