Seven IDP Families Unable to Receive Compensations

Verdict of the Supreme Court has not been executed

Maka Malakmadze, Batumi

IDP population of the Adjara Autonomous Republic should receive compensation from the foreign Company “Adjara Resorts Holding B.V” after they were inserted on the list by the Ministry of healthcare. However, the latter is not responsible to pay compensations according to an agreement signed between the company and the Adjara Government. It is still uncertain whether the seven IDP families will be compensated or not.

The execution document states: “The Ministry of Labor, Healthcare and Social Welfare of the Adjara Autonomous Republic are hereby ordered to register Radmila Kalandia on the computer list of the people who should be compensated and her number will be 00051. The registered and checked list should be sent to the company “Adjara Resorts Holding B.V” to issue the compensation to that person.” There are seven execution documents according to the resolution part of the same order passed on February 27 2008.

On June 29 2006 IDP population were expelled from the hotels “Meskheti” and “Medea” under force of riot policemen. The IDPs did not intend to leave the hotels willfully because they could not accept the offered amount of financial compensation. Some of them could not even get any compensation because their family numbers were not connected to others. These seven families fell within this category.

Finally, according to the contract signed by the chairperson of the Adjara Government and an investor, 1,921 families were compensated. The contract envisaged compensation of all these families; the contract was signed by the Ministry of Finances and Economics of Adjara Autonomous Republic and Company “Adjara resorts Holding B. V”. However, according to 4.4 of the contract, payment would be made “based on the list of IDP families provided by the seller – and a total of 1,921 IDP families were to have been compensated. The seller states and provides the guarantee that the number of IDP families in the hotels is final and it would not be increased in future.”

Over one hundred families evicted from the hotels started argument for compensations. Some of them had to accept the accommodation offered by the Ministry of Healthcare. Some of them, having won the court proceeding, are waiting for the final court order. The family of Kakha Aronia, an IDP from Gali, is one of them. “Initially we were on the list; my brother and me too. However, when the compensation was actually distributed it turned out that it was supposed to be for only one person. I applied to all instances to find out the situation. Everybody confirmed that I deserved the compensation but nothing has been forthcoming.  Then we took a suit to the court. However, evidently, neither court decision will be executed. I cannot kill anybody but they must our conditions into consideration.”

The Aronias have been renting a flat since they were evicted from the hotel “Medea”. They live in Melikishvili Street # 13 in Batumi. There are two under-age children in the family. “We pay 200 GEL a month. I could not find a flat for a lower price. We live on the compensation issued only for one family; the amount of the compensation was 7 thousand USD. I live with my brother; he could not purchase a flat with the money and now we spend the money issued only on his family because we cannot find jobs here.”

Family of an IDP Izolda Janjghava is coping with the same kind of problems. She said that initially her family was also on the list. “Then they united the family numbers and did not give us money.” Currently Izolda Janjghava works at the Chemist’s.

The Company “Adjara Resorts Holding B. V” is registered in the Netherlands. They purchased 21 entities owned by Adjara Autonomous Republic (some of them were inhabited by IDPs). Part of the purchased entities is in Batumi, another part is on the seaside in Kobuleti. The invest sum reached 17, 5 million USD. The amount of the sum for compensation was only 13,500 000 USD.

The list of IDP families which did not reflect all IDPs was drawn up by the Ministry of Labor, Healtcare and Social Welfare of the Adjaraian Autonomous Republic for the company. However, it was not a list of the Ministry of Refugees and Accommodation. “The lists were sent to us by the hotel administrations where the IDPs resided,” said Irakli Baramidze, the deputy minister of the Labor, Healthcare and Social Welfare of the Adjara Autonomous Republic.

The deputy minister does not know the contract signed between the Ministry and foreign company very well. However he stated that the Ministry will follow the court decision. “The court decision will be executed. As far as I understood the text the ministry must insert these people on the list. We will do that.”

However, Gela Siradze, the attorney for the IDPs, stated that the IDP will not be able to receive compensations even if the Ministry assumes its responsibility. “The company, according to the contract, is not responsible to pay any compensation. The Ministry of Finances and Economics demanded the company have to compensate as many people as many was on the list provided by the Ministry of Healthcare. The IDPs were damaged by the MOH as a result. Thus, the Ministry was charged with paying the compensation; though the IDPs have not received anything as of yet.” 

Lika Basilaia, a representative of the company, stated that the list provided to the company will not increase and they did not intend to compensate anyone. “The contract signed with the Adjara Resorts Holding B. V” provided the list of IDP families who should have been compensated by the investor.   
According to the same contract, the list of IDP families was not supposed to be increased. “Adjara Reports Holding B. V” held up its responsibilities and compensated all families who were envisaged under the terms of the contract.”

The Human Rights Center’s Adjara Bureau dedicated a press-conference to the problem. “The fact that the family numbers of the IDPs were not inserted on the initial list is the mistake of the local authority, more precisely of the Ministry of Labor, Healthcare and Social Welfare. Thus, this incomplete list was passed to the company by the MOH. The rights of the IDPs were breached at that moment and the situation still continues and no resolution in sight.”

“We got in touch with the representatives of the company. They do not intend to pay compensations according to additional lists. IDP families must not be damaged as a result of the mistakes by the MOH. The Ministry must correct its own mistake, and immediately; all IDPs be compensated.”