The “Young Barristers” addresses to the executive, legislative, judicial authorities of Georgia with recommendations on deprived property case in Adjara

2 October, 2014

The “Young Barristers” on the issue of deprived property also appeals to the state institutions - the President of Georgia, government, parliament, the Common Courts, Prosecutor, to the citizens whose properties are deprived and requires assessment and effective response, in connection with the systematic facts of violation of the property during 2004-2012:

  1. 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;
  2. 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.
  3. 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.
  4. It is important that the government of Georgia speed up the legal actions towards the citizens who were deprived of property in order to ensure making fair decisions for them. To use the status of “Respression Victims” with regard to the citizens who were deprived of property;
  5. It is important, that the government of Georgia create legal framework and provide the status of “Victim” to the citizens who were forced to give up their property violently and illegally in the governance years of 2004-2012. To legally qualify these cases;
  6. It is important that the government of Georgia continue its operations with regard to establishing Commission for the Miscarriages of Justice, which will create legal mechanism for the justice restoration process, to realize the interests of the affected citizens and solve the current reality of the human rights violation caused by the illegal/unjustified court decisions.
  7. It is important that the Parliament of Georgia  eliminate legislative gaps, make the political and legal decision and as a result of the precedent decision of the Constitutional Court of Georgia November 5, 2013 undertake relevant amendment to the Georgian legislation in case there are no newly discovered and newly revealed circumstances, the admissibility of proceedings with the increase of the limitation period;
  8. It is important that the Parliament of Georgia bring in line Civil Procedure Code f Georgia Article 422(b) with the precedent decision of the Constitutional Court of Georgia on November 5, 2013 and with the Constitution of Georgia Article 42 (1), which provides for elimination of the defect and harmonization of the legislation.
  9. It is important that the Common Courts of Georgia consider the legitimate interests of the citizens who were deprived of the property, the causes and results  related to the case, change the strategy and satisfy  the claims of affected people with regard to use of seizure towards  the real estate;
  10. It is important that the Constitutional Court of Georgia consider to expand the precedent decision adopted by the Constitutional Court of Georgia on November 5, 2013 and refer to the legislative body of Georgia with the recommendation, to increase the statute of limitations for the case admissibility more than 5 years in case of newly discovered and newly revealed circumstances.

 



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