Selling “Akhtala” is a Way Out

Selling “Akhtala” is a Way Out

The Gurjaani regional Court is considering Nana Andronikashvili’s suit concerning the resort “Akhtala” located in Gurjaani. Nana Andronikashvili, offspring of the Andronikashvili family, put forward a plea to put a big part of the territory under her ownership. Still, this is protested both by the refugees from Abkhazia who inhabit “Akhtala” and the local government. As far as cases of repossession have already taken place in Georgia, the court might grant the suit. Rumours about the government’s way out of the situation - to sell “Akhtala” – started to float around several days ago.

In 2004, Nana Andronikashvili applied to the Gurjaani regional court asking to place the part of the Akhtala territory her grandfather Zakaria Andronikashvili possessed until 1924 under her ownership. On May 31, 2004 Judge Sandro Giorgashvili ruled that at the moment of Zakaria Andronikashvili’s death, the Akhtala territory was not owned by him but by the government and rejected the action. Consequently, the court decision was appealed against at the Tbilisi District Court, which in its turn sent the case back to the regional court.

“My grandfather Zakaria Andronikashvili and his family was the victim of the tragedy that took place in 1924. My father Nikoloz Adronikashvili, the only offspring, was assumed to be the victim of political pressure according to the Mtatsminda-Krtsanisi regional court decision, taken on April 21, 1998.  According to Article 21 of the Constitution, it is illegal to sell or buy inherited possession and to abolish the rule of inheritance. The Gurjaani court did not take into consideration all these issues and failed to consider the notarial evidence proving that Akhtala is in private ownership of my grandfather. The Gurjaani administration did not present any evidence proving that Akhtala belonged to the state. The court did not use the Constitutional, international and civil law norms”, states Nana Andronikashvili.

Lawyer Zhuzhuna Papunashvili of the Gurjaani administration considers the court decision legal and adds that Nana Andronikashvili presented the court a certificate without registration number and seal, which makes in impossible for her to become the legal inherent of the estate.

Irakli Mindiashvili, head of the state estate Registration and Privatization Department, speaks about the possibility of selling the resort by the government. “The resort is a joint stock company and selling it is not easy. We do not know if there is an interested investor”, says Irakli Mindiashvili.

“Akhtala” manager Goga Utiashvili is not informed about the possibility of selling of the resort. He says that if there is a good investor who will secure Akhtala with better conditions then we will not be against its purchase. “As for Andronikashvili, she has already managed to take back in her possession something through the old documents. Now, she wants Akhtala territory, we will not allow this. The whole staff of the Akhtala resort and the refugees living in the building are against it”, claims Goga Utiashvili. “We know that the local government wants to sell the place but we will not leave until we are refunded. Is it fair for one person to be in charge of the medicinal mud?” - ask the refugees. In addition, they plan to attend the trial and in case the action is granted, they intend to protest it.

“If the government’s will to privatize Akhtala is firm, selling it is possible despite the existing legal barriers. Furthermore, the authorities claims that Akhtala is in state ownership and there is no-one who will prevent them making the sale”, says Lia Khuroshvili, lawer of the Kakhetian branch of the Human Rights Information and Documentation Center.

The Gurjaani regional court will consider Nana Andronikashvili’s case at the end of January.

Gela Mtivlishvili from Kakheti