One More Appeal Against Georgia in Strasbourg

Maka Malakmadze, Adjara

State prosecutor declared Omar Makharadze from Batumi to be an ally of sought rebel Emzar Kvitsiani based on assumption. Later, based on the verdict of Gali and Gulripshi district court property of Makharadze, evaluated for one million GEL, was seized because his cooperation with Kvitsiani. Officers of the Ministry of Internal Affairs use his three-storied hotel and three cottages in Gonia now. Omar Makharadze has not put up with the seizure of the property and intends to appeal to the European Court of Human Rights in Strasbourg to protect his rights.

In Gonio, there is a hotel 200 meters away from the seashore and now the MIA uses it for its personnel. If you decided to take photo of this building, the security guard will not allow you to. However, he cannot explain the reason and will not answer your questions either. “I do not have right to speak, I cannot say anything,” it will be the only reply to your question.

On June 4, 2009, based on the resolution # 1-1/1153 of the Ministry of Economical Development of Georgia, the state property was assigned to the Ministry of Internal Affairs. “The estate shall be assigned to the Ministry of Internal Affairs as their office for the period of its existence within the competence of its functions and goals.” In summer, the personnel of the MIA have holidays in the hotel.

The property of Omar Makharadze was seized based on the request of the prosecutor’s office – he is an ally of sought Emzar Kvitsiani. The state prosecutor does not have reasonable grounds for these accusations.

Simultaneously, the local resident Grisha Dumbadze recalled in his interview with us that Khelvachauri district policemen try to oppress him. “Four or five policemen visited me and requested to tell them that I had seen Omar Kvitsiani in Omar Makharadze’s hotel; besides that I had to tell that Kvitsiani was frequent visitor of Makharadze’s hotel during construction.”

The beginning of the story

In 1994, Omar Makharadze purchased land of 1 000 sq. meters from Mzevinar Kokoladze, resident of Gonio, for 3 000 GEL. The party holds purchase agreement registered in compliance with all notary regulations. In 2005, Makharadze started construction of the hotel and on June 25, 2007 Khelvachauri district architect department issued official license on running the hotel. However, on January 31, 2007, five months before it stated working, Gali and Gulripshi district court seized the property from Makharadze based on the petition of the prosecutor general’s office of Georgia.

The owner learned about the court decision and property seizure only after the representatives of the police and executive bureau visited the hotel and gave only two days to him to empty the building.

Judgment on Case # 3/2

Judgment of Gali and Gulripshi district court on Case N 3/2; January 31, 2007: The appeal of the prosecutor’s office was completely satisfied. More precisely, the prosecutor general’s office, in the petition of chief prosecutor of the investigative department Genadi Kachibaia, requested to declare the property of the defendant side as illegal and to assign it to the state.

“During case discussion we discovered some circumstances which enable us to assume that the abovementioned official, his family members, relatives and related people might have owned illegal or unproved properties.”

The prosecutor general’s office requested the sequestration of the property based on this assumption from the following citizens: Tetnuldi Ansiani (wife of Emzar Kvitsiani), Maia Ansiani (sister-in-law of Kvitsiani); Eter Chkhetiani-Ansiani (mother-in-law of Kvitsiani), Iagor Ansiani (brother-in-law of Kvitsiani); Sinona and Nugzar Kvitsianis (brothers of Kvitsiani); Mirian Doghonadze (business-partner of Kvitsiani;) Vasil Goshadze (in 2002 Kvitsiani purchase a holiday-house in the village of Gldani in Mtskheta district though did not register it on his name and was still registered on Goshadze ); Tamaz balashvili (driver of Kvitsiani): Omar Makharadze (an ally of Kvitsiani).

On January 31, 2007 Gali and Gulripshi district court satisfied the petition of the prosecutor’s office completely.

Otar Makharadze, father of Omar Makharadze: “We started to clear up the situation and discovered that the property was seized based on the court judgment; they alleged my son was friend of Emzar Kvitsiani. I am declaring publicly that we know Kvitsiani only from TV. Furthermore, I do not know even a person from Kodori gorge.”

Rusudan Baskuridze, attorney of Makharadze: “We could not find single evidence in case materials which could prove that Kvitsiani and my client knew each other. Makharadze’s property had no connection with Kvitsiani. He purchased the land legally. When he was constructing the hotel, Emzar Kvitsiani was already sought.”

Attorneys of Makharadze Rusudan Baskuridze and Teona Chumburidze appealed against the court judgment at every instances; though in vain.

Teona Chumburidze, the attorney: “We appealed against the judgment and requested to annul the verdict of the court issued on January 31, 2007 because of new circumstances were discovered. Kutaisi Appeal Court did not change the verdict of Gali and Gulripshi district court because they sent the case to the first instance court to discuss the possibility of declaring the verdict annulled. As for abolishment, the appeal court did not satisfy the petition because the term for filing the complaint had expired.” The appeal decision was appealed at the Supreme Court of Georgia. However, the verdict of the Supreme Court was not in favor of Makharadze either.

Takaishvili Str. 14 instead Takaishvili Str. 34

Property of Omar Makharadze was confiscated by the court in his absence. Motive is simple: he had not received any summons, though they were sent from the court and returned, because Omar Makharadze has never lived in the address indicated in the summon.

According to the notification of June 11, 2009 from Adjara district Post Office, on January20, 2007 they received letter # 91 from Takaishvili Street N 14 in Zugdidi; the addressee was Omar Makharadze. The letter returned because Omar Makharadze did not live in the mentioned address.

The Human Rights Centre interviewed several residents of Takaishvili Street.

Marina Makharadze (resident of Takaishvili Street 12): “The letter to Omar Makharadze was delivered at that time, but he did not live here and I did not accept the letters.

Natela Bakhtadze (Takaishvili Street 16): “Approximately in February 2007, I found a letter to Omar Makharadze stuck in the handle of entrance gate of my house. Takaishvili Street 14 was indicated as an address of addressee. Addressee was not our neighbor, so I decided to take this letter to the Post Office back and did so.

According to the notification of Batumi office of Public Registry within the Ministry of Justice of Georgia, Omar Makharadze lives in Batumi, Takaishvili Street 34. Though, somehow summons was sent to different address.