“Books from Kutaisi” Remain Homeless

“On July 26, Kutaisi residents will witness unprecedented fact. The police will carry out books from the shop into the street and close the door in front of us. They have postponed the eviction twice but on July 26 final term expires. As for these books they will remain in the street. We do not have any place to take them for some time. There is only one book-shop in Kutaisi which has sixty-year-long history. However, the shop is about to stop its existence,” said Jemal Svanidze, Director of the Kutaisi Book-shop # 1 in his conversation with the Human Rights Center’s (HRIDC) Kutaisi Office.

During its sixty-year-history the book-shop has been changed many locations. In 1988 it was opened in Faliashvili Street # 31 close to the Public Library. The space of 108 sq. meters was granted to the shop for temporary possession. Final lease-contract was signed for five years and it expired on December 28 2006. However, as Svanidze claims they have been paying the lease for seven months since December and nobody has warned the administration that the contract had expired.

Since the government started sale of buildings in the country, the shop was inserted on the list of the buildings that must be sold out. Having heard about the situation, employees of the shop decided to buy out the building and applied to the Department for Property Registration and Privatization. However, they could not find out anything there.

The first auction was held on October 13 2006 and the employees of the book-shop were informed about it only two days before the auction. The reason for delay was wrong address of the book-shop written on the announcement put up in the Privatization Court.

Svanidze recalled, that “The announcement stated that 108 sq. meters of non-residential building at the crossroad of Basketi and Lermontovi Streets was put up on the auction. We could not imagine that they meant our shop because our address is Faliashvili Street # 31. Having learned the truth we applied to the court two days before the auction was held. The Judge Ana Gelekva made a decision to stop the auction. Despite that, the public sale was held and as soon as we heard about it we decided to attend the event in order to know who was going to purchase our place.”

Employees of the shop were explained that the auction was held because the Privatization Court altered decision of the Kutaisi Civil Court. Although nobody has ever seen that decision, the public sale really took place. Seventeen people wanted to buy the shop and attended the auction.

At the first sale the initial obligatory imbursement was 7000 USD. Jana Melua purchased the place for 195 000 USD. Afterwards, the employees of the shop applied to local service offices and protested the illegal auction. The event was broadcast by media sources too and one fine day the auction was declared annulled. The official reason for the abolished purchase was Melua who did not pay the money completely. Soon repeated auction was announced with different conditions and initial imbursment was 50 000 USD. Employees of the shop think that the large price was announced in order to disable them to take part in the auction. Only one potential purchaser took part in the second auction and unlike previous annulled public sale the space was sold for lower price of 105 000 USD. Later it was found out that the new purchaser of the shop was Davit Sagaradze, the son of Jana Melua.

After the auction, employees of the book-shop applied to the City Mayer, Municipality Chairman and Culture Department. They started discussion to find alternative space for the shop.

“Although Vice Mayer of the city, Omar Kikvidze, was put in charge of our appeal, when we visited him to find out the situation, he and many his colleagues were arrested. Our appeal remained in the sealed up quarter of Kikvidze. At the moment nobody can find time to attend to our appeal; they are concerned about their own problems. Soon we will be forced out in the street,” said Svanidze.

The case was discussed at two instances of court and now it is sent to the Supreme Court. The personnel of the book-shop appealed against the Regional Department for State Property Registration and Privatization. The Supreme Court accepted the case though they have not started discussion yet. The new owner of the shop demands the personnel to leave his property immediately.

“We are advised at the City Hall to find out alternative space and they promise to purchase it. If we leave the place, they would not give us anything. We have applied to the Prosecutor’s Office but they said they should evict us from there but if we gain a suit at the Supreme Court, they will evict new owner from the shop and return the space to us. At the moment we are in obscure situation. The Prosecutor’s Office is sending us to the court saying our case is not in their competence, and the latter is sending us back to the Prosecutor’s again,” said Svanidze.

The director of the book-shop speaks about personal interests of Davit Jaiani, the head of the Racha-Lechkhumi-Imereti Regional Department for State Property Registration and Privatization, in the shop. Svanidze thinks that it was reason for the fact that the space was sold to one and the same family. Jaiani denies all accusations against him. He categorically excluded his interests in the shop and refused to make official comments with the Human Rights Center. In private talks Jaiani said that in this case he acted legally and if anybody has complaints about me.

The court discussion will not finish before July 26. After a seven-month-expectation the new owner of the space in Faliashvili Street # 31 will obtain his property. As for “Books from Kutaisi”, they are supposed to remain homeless and sixty-year-history of the Kutaisi book-shop #1 will end. According to the employees of the book-shop the new owner is about to open some nourishment unit.

Human Rights Center got in touch with current owner of the book-shop, Davit Sagaradze who categorically denied commenting on the situation with us.

Lela Khidasheli, Kutaisi