Homeless Woman Planning to start Open-ended Hunger-strike at the Telavi District Court

Gela Mtivlishvili, Kakheti

Nanuli Kurshitashvili, awoman who lost her house, is planning to start an open-ended hunger-strike at the Telavi District Court. She accuses Judge Natela Jashiashvili, who rendered a verdict in her case, of misuse of her position.

Nanuli Kurshitashvili applied to the Telavi office of the Christian-Democratic Party for help. The party transported the case to the Kakheti office of the Human Rights Centre and asked that office to study it.

As a result of studying the case we found out that Nanuli Kurhsitashvili since childhood had been living in the house of her parents which recently had been confiscated.  After she married she continued living there with her husband. Nanuli was taking care of her ill father after her mother died and continued staying in the same house. During her residency in the house she repaired the house and bought various household items. On December 18, 2008 Zakaria Kurshitashvili, Nanuli’s nephew, kicked Nanuli and her children out of the house saying the house belonged to him.

Zakaria Kurshitashvili has anofficial document proving that Nanuli’s father gave the house to Zakaria as a gift. The document is dated May 21, 1996. This was when Nanuli Kurshitashvili’s father was ill. That fact is proven by various medical records. It turned out that Vazha Khutsurauli, the Ikalto village Governor of that period, illegally deleted the name of Nanuli Kurshitashvili and her children from Nanuli’s father’s official record book of the members of his household,   helping Zakaria Kurshitashvili to falsify the documents. This allegation of the falsification of documents can be proven by the January 28, 2004 resolution of the Telavi District Prosecutor’s Office, but since the crime was old no criminal charges were initiated against the perpetrators. Accorditng to Paragraph 9,  of Article 239 of the Civil Code of Georgia the  agreement to give a gift should have been officially registered within three months after signing it. In case of violation of this condition the agreement would have become void.

Zakaria Kurshitashvili registered the house in the Technical Registration Bureau on December 23, 2003 and in the Public Registry Agency on December 24, 2003, 6 years later the agreement was made.  This was a violation of the Paragraph 9.. According to the agreement Zakaria Kurshitashvili received 71.7 sq.meters but in the Public Registry Agency he registered 1415 sq. meters as his property-- is much more than the house and yard of the Kurshtashvili family.

Even though the evidence shows that the house was confiscated from Nanuli Kurshitashvili illegally, the Telavi District Court judge, Natela Jashiashvili, did not grant the appeal of the plaintiff Nanuli Kurshitashvili. The attorney for Nanuli Kurshitashvili requested to disqualify the judge from the trial, but the judge did not grant this request. It turned out that Judge Natela Jashiashvili is a relative of Zakaria Kurshitashvili’s wife. The decision of the Telavi District Court was not changed by the Court of Appeal or the Supreme Court.

The family of Nanuli Kurshitashvili  was left without a shelter and asks for help from the Public Defender of Georgia and Chief Prosecutor’s Office of Georgia.