MINELRES: NGO Multinational Georgia: harrassment of Ossetian not remedied by court

[MINELRES moderator]

Original sender: Multinational Georgia <pmmg@caucasus.net>


WE CALL FOR JUSTICE
THE PROTEST OF THE PUBLIC MOVEMENT MULTINATIONAL GEORGIA AND THE
GEROGIAN ASSOCIATIAN OF OSSETIANS AGAINST THE SUPREME COURT OF GEORGIA

Georgian-Ossetian conflict has entailed upon the representatives of both
people a lot of sufferings in the territory of the South Ossetia, as
well as in other regions of Georgia.  More than 53 000 ethnic Ossetians,
the citizens of Georgia had to leave the country.

The massive dismissal of ethnic Ossetians, threatening and even physical
abuse took place then under the pressure of Gamsakhurdia's supporters,
which forced those people not only to leave their dwellings and houses,
but misappropriated there property and immovable. 

For the recent years, when the relation between Georgians and Ossetians
has become more normal, many of Ossetians, having hope to return their
property, started to lodge complaints to the Courts in order to restore
the violated rights.  The example can be the case of Shalva Kudukhov.

In March of 1993 then the member of National Guard Nugzar Nikoladze
rushed into Kudukhov's apartment and threatening with the gun made him
leave the apartment which the latter, being the first category invalid
of the Great Patriotic War, received from the Government.  

>From 1988 Kudukhov like other residents of that house lived there and
until March of 1993 regularly paid for public utilities.

In February 1994 Gldani District Court issued the decision (Decision by
Gldani District Court of 2 February 1994) on abrogation of the ownership
certificate issued to Kudukhov at the same time taking the decision to
evict Nikoladzse from unlawfully occupied apartment.  However, execution
of judgment was exercised in favour of Nikoladze.

In January 1997 the City Court issued the decision (City Court Decision
of 30 January 1997) abrogating the Decision by Gldani District Court of
2 February 1994.  After many hearings the Court complied with Kudukhov's
civil suit and annulled the ownership certificate issued for Nikoladze,
as well as the right on privatization and purchase and sale between
Nikoladze and Managadze and between Managadze and Kharebava, who also
were petitioners and supposed to buy that apartment.

In June 2001, the officials of Gldani-Nadzaladevi District Council
(Gamgeoba) M. Djashiashvili, N. Managadze and the representative of
Kharebava - A. Maisuradze attended the hearing at Tbilisi District
Court, which issued the decision (#3/4 of 24 August 2003) on annulment
of  Gldani District Court (#2/293-2001 of 13 March 2001).  That was the
violation of Article 105 of the Civil Code as the court ignored the
evidence on unlawful conduct of N. Nikoladze and the House Management
Office of Gldani District.  For example, Tbilisi District Court
neglected the fact that Nikoladze, together with his associates had been
threatening Kudukhov's family and had fired his doorway (the testimony
from neighbours is attached to the case-file).  Moreover, Nikoladze
repeatedly threatened one of family members of Kudukhov - Marina
Khudukhova that he would kill her husband if they continue lodging the
complaints.  A few days later Marina Khudukhova's husband was killed and
the perpetrator hasn't been found yet.

The Supreme Court of Georgia composed by presiding judges Nugzar
Skhirtladze, Nana Klardjeishvili and Iamze Legashvili heard the case
without learning it in depth.  They didn't take into account the
delicate nature of the case as the interethnic opposition had led the
mentioned developments.  The Supreme Court remained in force the
decision taken by Tbilisi District Court leaving Kudukhov without hope
on justice.

The Ossetian community of Georgia found unacceptable such decision as it
would provoke mistrust to the government of Georgia and its reforms. 
Many representatives of ethnic minorities watched closely the
proceedings and made a conclusion that it was the discrimination on the
ground of ethnic affiliation.  Though the Public Movement Multinational
Georgia organized the protesting demonstration in front of the Supreme
Court before the hearing and addressed to the Chairman of the Supreme
Court of Georgia with the request to take the case with maximum of
attention, the voice of the organization composing of 56 NGOs of ethnic
minorities was just ignored.

Proceeding from the aforementioned, the Georgian Association of
Ossetians and the Public Movement Multinational Georgia are protesting
against the short-sighted decision by the Supreme Court of Georgia. The
very biased attitude towards such issues that undermines the authority
of our country at the international level and increases the mistrust
between the citizens of Georgia - representatives of different ethnics,
is inadmissible.  We call upon the all international and
non-governmental organizations dealing with the Human Rights Protection
to take into consideration the mentioned fact and support the efforts of
mentioned organizations in order to achieve the fair hearing of
Khudukhov's case and the other similar cases, as we believe that such
facts do not give the credit to any country.

Press-service of the Public Movement Multinational Georgia