Population Is Seized Property in Revolutionary Georgia (part I)

Protection of the private property is one of the most serious problems in Georgia during last three years. Nearly hundred of private properties are dismantled and transferred to other owners. The owners of the dismantled buildings cannot find justice in Georgia and they rely on the assistance from international organizations.(Photo: Lamara Geliani, owner of Ltd “Nia")

So-called ‘dismantling series’ started to disperse Georgian citizen’s properties two years ago. Everything originated from the revolutionary government who came into power in 2003 and who did not like several buildings in the city. The government concluded that those buildings made the city look ugly and decided to destroy them. The most important feature is that the people, whose properties were dismantled, had their documents in order.

They destroyed thousands of buildings for similar reasons and subsequently thousands of families were damaged, having lost the only income. Besides that, many of property owners were left in the street because they had take loan from the bank to start business. Now they cannot return the loan back to the bank.

Georgian Public Defender, non-governmental organizations and parliamentary opposition support these people; however they have achieved no result yet. The owners are offered any compensation envisaged under the law and neither alternative space is given to them.
 
Legislation

As for the legislation, there are several normative acts on protection the private property. The law on “State Supervision of the Architectural-Construction Activities”, Article 4 states the detailed information how the building that is constructed through breaching the law, should be dismantled.

The Georgian Constitution Article 21 and Civil Code protect the rights to property. The legislation envisages the compensation if the owner is materially damaged. The Georgian Constitution Article 21 states that “The property and inheritance is admitted and guaranteed. The rights to property, its purchase, transfer or inheritance cannot be abolished.”

As the property owners said nobody had ever offered them any compensation and there are no documents to prove that the authority offered them anything.

Deconstruction 1

On January 17 2006 a shopping entity “Nia“ Ltd in Dadiani Street # 2 was destroyed. The entity was destroyed in an ordinary way; the bulldozer approached the building and annihilated it. The entity had eleven shareholders. The documents show that the owners had leased the plot until 1997 and then they privatized their property.  Lamara Gerliani, one of the shareholders, speaks in details why and how the shop was destroyed.

Lamara Gerliani: “One fine day, representatives of the Supervision Service Department arrived at the place and told us that the building was to be destroyed. We asked them to explain us the reasons and produce corresponding documents. They said it was not in their competence. They were ordered to destroy the entity and were going to do thus. After the fact, we visited the Supervision Service Department to get some document several times within a month. We urged them to arrange our meeting with the chief of the service department Makatsaria or his deputy Saginashvili. In parallel to it, we appealed to nearly all court instances. We applied to the president too. We demanded to explain us the reason who was destroying the building and why. Nobody met us.

Finally, the day of deconstruction came. We called for the Representatives of the Public Defender. It was January 16. Having seen so many people on the scene representatives of the supervision service department did not destroy the building. But on the next day, on January 17, it was annihilated. Having arrived at the place, Saginashvili was the first to get out of the car. I demanded them to produce the documents; however he refused. That was all. Nobody spoke about compensation or any other kind of reimbursement there. I have every document ready and we have appealed to the court. I do not know what they would decide.”

On December 26 2006, before the “Nia” Ltd was destroyed, Sozar Subari sent letter to Gigi Ugulava, the Tbilisi Mayer. The letter states: “On the basis of the case materials we have found out that legal entity, “Nia” Ltd has a property of a plot with building on it in Dadiani Street #2 in Tbilisi. An extract from the Public Registration Department report proves the same. The case materials include the project that was agreed with the architect and permission on construction. We consider that the deconstruction of this building is illegal and the rights of the legal owners are violated.”

On January 22 2007 the Public Defender received a reply that was signed by the Deputy Mayer, Mamuka Akhvlediani. The letter stated the following: “None of the City Hall service departments had issued any kind of resolutions or legal acts on basis of what the shopping entity “Nia” should be destroyed. Neither administrative case has been launched on the situation…If the authority decides to dismantle the building out of the city interests, the procedure will be implemented under the law. The rights of the owner will not be violated.”

In parallel to it, on January 22 the Public Defender received a reply from the Deputy Chief of the Supervision Service Department of the City Hall, Saginashvili, which stated: “Similar case has not been discussed at the Supervision City Service Department. Thus, no decisions are made regarding the situation currently.”

It is ridiculous that the letter was sent after the building was already destroyed. It was dismantled on January 17. There is an extract from the Public Registration Department on the estate property; an order on approving the project that was signed by main Architect Davit Akhvlediani. Besides that, there is a report on receiving the building in exploitation.

(part II) http://www.humanrights.ge/eng_/articles.php?id=623

Eka Gulua