The “Young Barristers” addresses to the President with a proposal to abolish the decrees of the former president regarding deprived property cases

28 November, 2014

The organization “Young Barristers” calls the president, Giorgi Margvelashvili for revocation of certain decrees and regulations of the ex-president, which creates legal obstacles and an impossible situation in the real decision-making process regarding deprived property cases.

According to statement of co-founder and chief-executive of the “Young Barristers” – Archil Kaikatsishvili, president Giorgi Margvelashvili should express political will and partially annulle the decree No. 285 “About Privatization by Direct Sale of the State Property to the Members of the Constitutional Court of Georgia” issued on June 6, 2007 by the former president Mikhail Saakashvili. On the basis of that decree after "Rose Revolution", the confiscated properties of the former high-ranking officials were given to the judges of the Constitutional Court and the Chairman of the Constitutional Court of Georgia - Giorgi Papuashvili until now lives in the deprived house of Roland Bladadze, former high ranking official of Sarpi customs.

According to statement of the organization, the objective investigation conducted on the case after October 1, 2012, confirmed that regarding Roland Bladadze in August 2004, the criminal case on charges of failure to fulfill his duties, notice the property unlawfully and unjustifiably, and then seize was baseless and artificially created by unsupported evidence. Therefore, Roland Bladadze, in order to return the confiscated property continues the legal dispute from April 12, 2013, during which, the defendant in all charges filed against him was recognized innocent by the A / R prosecutor's office. Roland Bladadze turned out to be among those who were deprived of property against their will, in 2004.

The “Young Barristers” appeals to the President of Georgia to partially annulle the ex-president’s decree No. 285 of June 6, which will allow Roland Bladadze to return deprived property by conducting legal actions. Currently, it is true that the common courts consider justification decision as the newly revealed circumstances

on the case of Roland Bladadze, however, indicating the terms of limitation of the appeal as obstacle factor regarding the fact of continuiness of the proceedings. In this case, the solusion to continue the dispute on the administrative procedure is to annulle partially the decree of the former president.

The “Young Barristers” has already appealed to the President of Georgia with recommendational proposals on deprived property cases:

  • It is important that the President of  Georgia gives political assessment to the actions undertaken against the citizens during 2004-2012 governing period as regards to the  property confiscation and secure relevant legal framework,  which will be directed to making fair decisions on the cases in order to protect rights and interests of the former and current good faith owners;
  • It is important that, the President of Georgia announce moratorium on the disputed property which is under investigation in order to suspend alienation process initiated by the illegally acquired property owners.
  • It is important for the President of Georgia  politically evaluate the decree #285 issued by its predecessor on June 6, 2007, according to which decision of the “Privatization in the form of direct sale of the state property to the members of the Constitutional Court of Georgia” entered into force and people related to the former members of the Adjara government and former commander of Adjara were deprived of their property.

The recommendations of the organization presented in the framework of the research has followed no reaction from the President's administration, while from the Government and Parliament of Georgia the organization received the political and legal will expressing notifications to implement specific actions. English version of the research has already been sent to the diplomatic representatives in Georgia, to the Constitutional Courts of 20 European countries, to the Venice Commission and international organizations. The Chairman of the Constitutional Court of Georgia Giorgi Papuashvili still had not answered 12 public questions on the issue.



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