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Domestic Violence and Family with Nine Children Homeless

November 10, 2008

 

 Lawyer Eka Khucishvili

Saba Tsitsikashvili, Gori

Lela Nikolishvili, mother of nine children and resident of the village of Tezi in Kaspi district, is being evicted from her house. Inspectors of Igoeti police department have already made an official decision in her cases. Lela Nikolishvili applied to the Human Rights Center’s Shida Kartli office for help. Reportedly, based on the suit of Zhuzhuna Javakhishvili, the mother-in-law of Nikolishvili, Igoeti police has to evict the woman and her husband Nikoloz Javakhishvili together with their nine children.

The point is that the controversy between Zhuzhuna Javakhishvili and her daughter-in-law, Lela Nikolishili started in 1988. Today, the loser of the controversy is in the street along with her nine children.

In 1988 the husband of Zhuzhuna Javakhishvili died and an argument arose over the house started and who was to inherit it. There were lots of court hearings about their case. Before Kaspi district court was abolished, judges of the court passed three verdicts. All of them stated that the parties ended the argument with an agreement. According to one of the final agreements, they decided that mother-in-law, Zhuzhuna Javakhishvili, had to leave the house. However, her son was to build a separate small house in the same village for her in compensation.

Several years later, in 2008 Zhuzhuna Javakhishvili brought suit to Gori district court, where she requested to evict her son and his wife from her house and she claimed that she was inhumanly treated and tortured as well. Judge Davit Papuashvili discussed the case in this direction and concluded that Zhuzhuna Javakhishvili had actually been tortured and beaten by her daughter-in-law and her son. Taking the balance of circumstance into consideration, judge Davit Papuashvili concluded that daughter-in-law and the son were to be evicted from the house of Zhuzhuna Javakhishvili, together with their nine children.

Lela Nikolishvili stated that the trial was impartially conducted at Gori district court. The defendant side was not allowed to provide evidence in her case, one of those documents included an earlier decision of the Kaspi district court, which ordered that the argument be stopped because the parties had reached an agreement. Davit Papuashvili passed verdict on April 15, 2008 and decided that daughter-in-law should stop inhuman treatment of the mother-in-law and leave her house. 

Lela Nikolishvili stated that her mother-in-law tries to oppress her family and the conflict started because she abuses Nikolishvili. Lela Nikolishvili did not receive the decision of the Gori district court personally; consequently, the defendant cannot appeal against the verdict of the Gori district court in spite that she really would like to appear the case, and this is her intention.

On October 2 2008 Londaridze, inspector of the Kaspi police department, warned Lela Nikolishvili in written form to leave the house within a period of five days. If not, the police will have to evict them under force. Inspector Londaridze wrote in the letter of warning that he will be authorized to evict the family based on the certificate on property that was produced by Zhuzhuna Javakhishvili; the certificate was issued in 2008.

Lawyers of the Human Rights Center think that Lela Nikolishvili was deprived of her right to to a fair day in court; she has not accepted the decision of the Gori district court personally; she was not allowed to provide the evidence in her favor during the trial proceedings. After all, it must be inquired based on which law the mother–in-law has become the owner of the entire property. Reportedly, the husband did not pass his property to the woman in his will. Nikoloz Javakhishvili, the son, claims that when the will of his father was being read, he did not attend the process, and nobody asked him whether all family members agreed for Zhuzhuna Javakhishvili to be the sole owner of the house.”

The Human Rights Center requested Shida Kartli police department to take all these circumstance into consideration. The Igoeti police division sent the following reply to the request:

“According to Article 9, paragraph I– u of the Georgian Law on Police, based on article 4, part III of the resolution # 747 of the Internal Ministry, issued on May 24 2007, and according to the Article 172 part III of the Georgian Civil Code, Nikoloz Javakhishvili and daughter in law, Lela Nikolishvili were evicted from the house of Zhuzhuna Javakhishvili with their entire family,” stated the notice from the police department.

In addition, governor of the village of Okami in Kaspi district, (the village of Tezami is within the community of Okami village), informed the Igoeti police department that he intended to allocate a space in the public school located in the village.  However, the police department refused but contacted the governor with a request to allow the evicted family be able to live in the school building. 

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