Dispute on Guardianship

Lela Khechoshvili, Kakheti

Population of Kartubani village in Lagodekhi municipality requests defense of the brothers - Nikoloz and Davit Kapanadzes. The brothers are disabled persons and their parents died 8 years ago. The neighbors asked relative of the family Gia Mirianashvili to take care of the brothers; however, the relative misappropriated the property of the disabled persons.

“Mirianashvili misappropriated the plot, cattle and household things of the brothers. Nikoloz and Davit have a flat in Rustavi, where supposedly Mirianashvili’s children live in now. Gia Mirianashvili receives the pension of the brothers. The disabled persons do not have electricity or other communal supplies. Their house is in bad conditions. Neighbors feed them,” resident of Kartubani village Zeinab Shubitidze said.

The neighbors of the Kapanadzes request to become guardians of the brothers because they need medical assistance that is not provided by their current guardian Gia Mirianashvili. The latter keeps birth certificates of the brothers and refuses to return them despite many requests. 

“He said he will take the brothers to his house and take good care of them. As we have learned, he made a deal with a farmer, for whom the boys had to work as shepherds. Presumably, he planned to misappropriate their salaries too. We did not allow the farmer to take the boys. Now we are afraid Gia Mirianashvili may sell their house too,” neighbor Makvala Chalabadze said.

On September 24, the locals sent petition # 2933 to Tamaz Kakiashvili, the head of Lagodekhi district Social Agency Office.

“We urge your attention for the disabled brothers Davit and Nikoloz Kapanadzes, who live in bad conditions,” the petition reads.

On November 3, residents of Kartubani village applied to the Kakheti office of Human Rights Center for help. Their request is that the brothers were allowed to enjoy their own property instead their relative.

Village attorney Ioseb Vardiashvili said the social agent already visited the brothers and they will help them by all means.

Tamaz Kakiashvili said that social agent monitored conditions of the brothers and according to his report the brothers really live in difficult conditions. Kakiashvili said they will observe further developments into the case before November 20 and then make decision.

Humanrights.ge contacted Gia Mirianashvili who said he is renovating the flat of the brothers that he could not do for the past 8 years. Mirianashvili said the Kapanadzes are his cousins and he would take better care of them than the neighbors. “I have not sold their plot. The boys destroyed the room themselves; I twice repaired their electricity supply but they spoiled them. Now I am not repairing it because I am afraid they might be struck by electricity.”

Neighbor Makvala Chalabadze said based on the official petition they received a notification from the Social Agency that Gia Mirianashvili is still a guardian of the brothers. The neighbors are astonished with the decision and claim they will not allow Mirianashvili to take the brothers to his house.

 Kartubani village population has appealed to the Lagodekhi district police. Lawyer of Human Rights Center Lia Khuroshvili said the Kapanadzes should decide whether they wish to change place of residence. If the court does not declare Gia Mirianashvili their supporter, he will not be able to take the brothers to his house.