Many buildings have been recently emptied of their actual owners in Kutaisi, which demonstrates a clear example of just how property rights are being violated for Georgian citizens. Police have showed up and under threat of being physically evicted. “Gantiadi Ltd”a company that is located on Palishvili Street was given immediate notice and without any cause to vacate the building that it occupies within two days. The deadline was fixed for February 15. In response, employees of the Ltd went on a hunger strike for the last two days.
“We will not leave the place on our own, and just let them come a kill us; they can carry out our dead bodies from here this place but we are not leaving on our power. This is the only way they will achieve their goal. Our president’s activities are shameful. He claims that employment program should be started in the country and unemployed people should have access to some income. In fact, we, employed people, and they are kicked out from their place of employment. They are closing and taking over a building that we have purchased through our hard work. Moreover, they seize those buildings from us and just purchase them illegally,” said Svetlana Akhalaia, director of the “Gantiadi Ltd.”
Representatives of the local authority visited the Ltd last autumn and searched the area. On December 12 an auction was held and subsequently the Ltd was sold to Konstantine Jananashvili, who is now the official new owner of the establishment. Hunger strikers are now claiming that he is actually a “conditional” owner, as it is a matter of fact that there were others who were especially interested in purchasing this building, and even if the process had show some facade of having been legal, there were others who were especially interested in buying the building and they could have paid more.
“I have no doubt whatsoever that the real owner is a representative of the government. Jananashvili is a kind of buffer, a decoy, and he really has no rights or personal interests in the property at all. It is interesting that Giorgi Goglichidze, a local businessperson with political connections, attended the same auction (and this was arbitrarily conducted by the Privatization Department). We took exception to what was going on, and during our bewilderment, he told Jananashvili and it was overheard: “Let them shout out loudly as they want, as all I have to do is call president Saakashvili and everything will be settled.” I still hear these words. I am not exaggerating anything. Consequently, everything is settled and this was done by those in higher positions, and especially those high-ranking officials are responsible for violating our rights,” said Svetlana Akhalaia.
Davit Jaiaini, the head of the Kutaisi Regional Privatization Department, explained: “There is nothing ambiguous to be settled. These buildings, as well as many others, were all sold during auction and the terms and conditions were properly stipulated under the law.”
Svetlana Akhalaia purchased “Gantiadi Ltd” under the terms of the law in 1995. She holds all necessary documents to prove her ownership of the property. However, she considers that those documents were not enough in isolated to prove her right to the property, as even with the proper paperwork and ownership documents, she was not able to keep the property from taken from her. Employees of the “Gantiadi” started demonstrations several days ago in front of Kutaisi City Hall. However, officials from local authority have not reacted to their protest as of yet.
“We do not have any other way out and we have decided to use a protest to get out concerns made known. We have started a hunger strike and nobody is going to kick us out from here. Even if they assault us, we will not surrender and stand our ground. We are human beings and not animals. The authorities should listen to us but it does appear that nobody cares about our opinions and who willing to listen to us. We took out bank loans and even sold our houses to purchase this piece of property. Now they are expelling us from here illegally,” said Nanuli Beridze, an employee of the Ltd.
“The right on property is protected by the Georgian Constitution and by a Special Law about Property Rights. More precisely, the Georgian Constitution states that the property and right to inherit property is a fundamental guaranteed right The abrogation of the universal right to property, of the right to acquire, sell and inherit property shall not be breached.. In this particular case “Gantiadi Ltd” has been the legal owner of the property; thus to sell it at an auction outside of the legal code. In any event, even if there was some question as to it true owner, the matter should have been taken before a court of law and a decision made as who could and could not sell this piece of property.
If these people had opposing side to face off in a legal forum, it would have soon become clear as who was telling the truth, as supported by legal documents. However, all these documents have been declared null and void. As far as we now know, proper procedures were not followed, and not even to a minimum degree. Consequently, the right to property was breached,” said Nana Chapidze, lawyer for the Human Rights Center’s Kutaisi office.
In February of 2008 policemen closed down the “Pasazha Ltd”, located next to the “Gantiadi Ltd”, with similar methods. Despite protest demonstration, the owners of the “Pasazha Ltd” could not achieve anything and standup to the police. It is evident that buildings in the center of Kutaisi are getting more and more attractive each day. Consequently, the instances of breaching property right are on the increase too, and under conditions of impunity, and more and more of these cases are working their way through the court system.
Owners of the “Gantiadi Ltd” intend to render the justice through the court.
Shorena Kakabadze, Kutaisi
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