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Khiladzes Expect Compensation for Destroyed House In Vain

August 13, 2007

emxarib.jpgVardo Khiladze’s house was destroyed by its former owner Jemal Shavadze five years ago. Since that time, the victim has been demanding the court and law enforcers to reimburse her damage in vain. Prosecutor’s Office settled the case in Shavaze’s favor under suspicious circumstances.

Vardo Khiladze purchased a house with three rooms in Turgenev Street # 36 in Batumi in 1990. Flat-owner registered all documents on her legally; however, as he had rented out the rooms at that moment, he placed Khiladze in neighbor’s room. “I trusted Shavadze as I knew him well. Besides that I had not paid the whole sum at that moment and I thought I would help him. But later I coped with problems regarding my temporary accommodation. We had disagreement with neighbors. Several years later Shavadze demanded to sell his flat back to him for a very little price-1500 USD and I refused,” said Khiladze.

The argument on flat lasted for a long time. Khiladze moved to Tbilisi for some time because initially her son got ill and then grandchild did. “My husband and son died during that period of time. In 2002 I went to Tbilisi to look after my grandchild. Shavadze took an advantage of my problems and pulled down the house.”

Afterwards, Khiladze applied to the court for reimbursement. Murman Khamashuridze, judge for Batumi Civil Court, did not satisfy Khiladze’s suit. The reason for judge’s decision was lack of proofs against Shavadze. “Five residents of our yard were ready to confirm my statement but the judge did not interrogate them,” said the victim.

Khiladze applied to the Prosecutor’s Office. They started investigation and case materials soon demonstrated that Shavadze was guilty but there were no results.

“Jemal Shavadze is a high-ranking official at police. He knows how to make deals but he could not influence Prosecutor’s Office and arranged some trick about Niaz Khabazi, investigator for the Prosecutor’s Office. He fixed secret video-recorder on him and planted 500 USD in his car. Khabazi was arrested for taking a bribe and is still in prison now,” said Khiladze.

According to the materials collected by Adjara Prosecutor’s Office Shavadze really pulled down Khiladze’s house. Criminal persecution started on Shavadze and he paid twenty thousand lari as a bail to avoid pre-trial detention. However, soon situation changed in his favor again.

Bakur Bolkvadze, lawyer for the Human Rights Center (HRIDC) who protects the victim, said that Prosecutor Giorgi Davitashvili changed the qualification of the crime without any legal and factual grounds. He changed the article for premeditated damage of property into the article of selfishness. Consequently, because of remoteness of the criminal case the process was dropped.

“The preliminary investigation has been under way for two years already. On June 10 2007 plea-bargain was drawn up with the accused. However, the prosecutor appeared as a defender at the process and dropped preliminary investigation. Prosecutor concluded that Shavadze had considered the one/twenty-fourth part of the flat in Khimshiashvili Street # 36 (former Turgenev Street) was his property and pulled it down. However, there is a purchase contract dated by April 24 1990 between Shavadze and Khiladze. The flat is registered on Khiladze at Public Registry. Moreover, Jemal Shavadze knew that pulled down rooms were not his property. An extract from Batumi Civil Court decision dated by March 2 2005 is valid proof in Khiladze’s favor. The extract demonstrates that Shavadze did not argue that he had sold 1/24 part of his house to suitor. The point is: If in 2005 Jemal Shavadze knew that the house was not his property what happened afterwards? It is obvious that Shavadze committed crime and damaged strange property.”

Jemal Shavadze did not want to speak about the topic with media sources. As for Prosecutor’s Office, Giorgi Davitashvili was too busy to speak over the phone and promised to get in touch with the center himself. However, journalist could not get through his mobile again. The victim side appealed against the prosecutor’s decision and demand to launch criminal investigation.

Emzar Diasamidze, Batumi  

 

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