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Who Will Reimburse Unreasonably Spent 100 000 Lari?

December 25, 2007

Lie of a Prosecutor

On September 12 2007 Shida Kartli and Mtskheta-Mtianeti Regional Prosecutor’s Office provided population with false information. Davit Sakvarelidze, the Prosecutor, stated at the briefing that they had detained director of the “Galavani 2007 Ltd”. They said that the Ltd belonged to the father-in-law of Vasil Makharashvili, the governor. However, later it was found out that it was owned by a Gori resident Irakli Meladze. The name of the father-in-law of the former governor is Nikoloz Mchedlidze.

Today, Irakli Meladze applied to the Administrative Board after being released from prison. He wrote official refusal on cooperating with them.

Irakli Meladze: “Our Ltd won tender and on August 30 I signed the contract with the District Administration on rehabilitation of the water-supply systems in the villages of Ateni and Kitsnisi as well as on the rehabilitation of water wells in the villages of Shertuli, Brotsleti, Nikozi and Kitsnisi. On September 12 Financial Police within the Ministry of Finances detained me. All accountancy data was withdrawn from the company though they have not returned them back yet. We do not know when the investigation procedure finished. Thus, the construction of above-mentioned systems are not implemented because of some reasons with which I have no connection. I petition to you to cancel the contract signed between me and the Administrative Board,” stated the petition signed by Irakli Meladze to the district governor. The petition was dated by November 30. On the same day “Galavani 2007 Ltd” and Gori Municipality Administrative Board signed the agreement deed # 1 according to which the latter canceled the initial contract with the “Galavani 2007 Ltd”.

Prisoner Was Ordered to “Reconstruct Gori”

Natia Kaliashvili, lawyer for the Human Rights Center, thinks that Gori Administrative Board breached the law blatantly-until the director of “Galavani 2007 Ltd” was released from prison nobody thought of canceling the contract with his company.

“It is obvious that unless Irakli Meladze was released from prison and petitioned to the administrative board to cancel the contract with him, nobody intended to do it. The most interesting fact is that reconstruction works have not been implemented in some of above-mentioned villages. Somebody should be charged for that -either “Galavani 2007” or Gori Municipality Board,” said the lawyer.

According to the Article 61 of the Georgian General Administrative Code, the contract singed by the Gori Administrative Board on August 30 2007 should have been canceled. As it is known on August 30 2007 Gori Administrative Board made a decree where they enabled the governor to sign contract with the winner companies in the tender. Although the decree was prepared, Marlen Nadiradze, the former chairman of the District Administrative Board did not sign the document. Nadiradze did not inform Municipality Governor Vasil Makharashvili about the fact who later signed the contract with “Galavani 2007”. Twelve days later, on September 12 Makharashvili was arrested for having signed the document he was not to sign. On that day Regional Prosecutor assured us that Makharashvili had signed the contract with his father-in-law.

What Would Have Happened if Prison Had Been Broken into?

On September 12 Marlen Nadiradze unsuccessfully tried to get into the Municipality building. Policemen were patrolling in front of the building since the early morning and were sealing up the quarters. If Nadiradze had managed to get into his quarter and had signed the decree, Vasiko Makharashvili would have been escaped detention. However, Gori law enforcers managed to resist the attack of local officials and did not let regional governor Mikheil Kareli and Nadiradze into the building. As a result of hard work Georgian Internal Minister Vano Merabishvili promoted the head of the Gori Patrol Police department. He is the Deputy Head of the Criminal Department within the Georgian Ministry of Internal Affairs.

How Administrative Board Managed to Legalize Invalid Decree?

As for tenders Irakli Meladze was detained together with governor on September 12. He was blamed for insufficient work and collecting money among population for the implemented work. Of course it was a serious accusation and it should have become the ground to cancel his contract with the district administrative board.

“The law states that if an engaged party does not comply with the obligations envisaged under the administrative-legal decree according to the law the decree shall be canceled. Gori Administrative Board did not do it. Prosecutor’s Office charged the “Galavani 2007” for insufficient work. In order to cancel the decree of August 30 the Gori Administrative Board made amendments to it and made it more valid,” said Temur Afkhazashvili, oppositionist deputy of the Administrative Board.

More precisely on October 17 2007 new chairman of the Gori Municipality Board, Zviad Khmaladze, held a session and to improve the mistake he signed the decree.

Natia Kaliashvili (a lawyer): “Gori Municipality Board made the illegal decree legal that was to be cancelled. In addition to that according to the Article 60 of the General Administrative Code the decree enacted on August 30 2007 was considered a “non-administrative-legal decree” because its implementation resulted into committing a crime. “Galavani 2007 Ltd” was blamed for a serious crime. New Gori Municipality Board did not foresee similar circumstances and changed only the faults on the old decree.”

Zviad Khmaladze claims that he had improved only mistakes in it. “We could not do anything but improving mistakes in it,” said Khmaladze. As for those villages where “Galavani 2007 Ltd’ should have conducted rehabilitation works, they have not been supplied with water yet. However the notification issued by the Municipality Board states that before September 12 one hundred thousand lari was transferred on the account of the “Galavani 2007 Ltd”.

Saba Tsitsikashvili, Gori