Address of Human Rights Center about Breached Rights of Property Owner

Human Rights Center is concerned about violated interests of the property owner, who is supposed to lose property because of the crime committed by another person to execute the requirements of the mortgage agreement at the expense of his property.

Human Rights Center processes cases where right to property is breached. Case of Merab Jikia is clear example of the problem.

Since November 2004 Merab Jikia has owned a flat in Vazha-Pshavela Avenue Tbilisi, which was rented by a married couple M.L and A.KH in 2006. The rent agreement was signed in accordance to the law. The tenants illegally registered the flat on their name and then mortgaged it for 37 000 USD.

On September 23, 2010 the Criminal Law Collegium at the Tbilisi City Court found M.L and his wife guilty and sentenced them to 8-year-imprisonment. Although the property was returned to Merab Jikia, the court did not annul the illegal mortgage agreement.

Despite the victim status, nowadays Merab Jikia is facing risk that his flat will be sold on the auction. The applicant already received a notification from the National Enforcement Bureau where the representative of the Bureau clarified that he represented the mortgagers and the flat was to be sold on the auction to reimburse the money to his clients.

There is a question: how well is the property protected in Georgia?

Human Rights Center believes it is inadmissible to start enforcement procedures against the legal owner of the property Merab Jikia, who is not mentioned as a debtor in the enforcement paper.

Property is integral part of the statehood. Right to property is guaranteed by the Article 21 of the Constitution of Georgia: “The property and the right to inherit shall be recognised and guaranteed. The abrogation of the universal right to property, of the right to acquire, alienate and inherit property shall be impermissible.”

Human Rights Center calls on:

The Supreme Court of Georgia to impartially analyze the judiciary practice and elaborate adequate manual for the protection of property rights, property owner and so-called legal purchasers of the properties.

The Parliament of Georgia to make the law accomplished so that all possible legal casus in the practice were avoided when the court respects interests only of the so-called honest purchaser but damages the property owner for the crime committed by others.

Human Rights Center