The “Young Barristers” – the President of Georgia refused partially cancellation of the ex-president’s decree

24 March, 2015

The administrative appeal towards the Administration of the President of Georgia, according to which the partial cancellation  of the former president’s , Mikheil Saakashvili decree of June 6, 2007  was demanded,  was left unconsidered by the president, Giorgi Margvelashvili,. The decree was regarding the “Privatization of the State property sold through the direct sale method  to the members of the Constitutional Court of Georgia,” in accordance with which the house in Batumi, legally owned by  Roland Bladadze,  was transferred  to the Chairman of the Constitutional Court of Georgia, Giorgi Papuashvili. 

According to the statement of the lawyer of “Young Barristers”, Ana Kiknadze, the Administration of the President was legally entitled to consider  the administrative appeal. Although, due to the importance of the dispute issue, the president was lack of the relevant political and legal position, according to which the decree on the “Privatization of the State property sold through the direct sale method  to the members of the Constitutional Court of Georgia” should have been appraised. Accordingly, the Administration of the President advised the party to appeal to the court, and noted in it’s response of March 18, 2015, that  “consideration of the administrative appeal is beyond it’s competence”. The Administration also noted, that : “ there is no doubt, that the President of Georgia is not authorized  to  make a decision on the privatization or cancellation  of the decision on the privatization of state property”.

The defenders of Roland Bladadze’s legal interests by representation of the “Young Barristers”,  appealed to the Administration of the President of Georgia with administrative complaint on March 4, 2015.  The cancellation of the article 1, subparagraph “a” of the  2007 president decree on the “Privatization of the State property sold through the direct sale method  to the members of the Constitutional Court of Georgia” , according to which, the property legally owned by Roland Bladadze in Batumi was transferred to the Chairman of the Constitutional Court of Georgia Giorgi  Papuashvili. Objective investigations since October 1, 2012   regarding the case,  has revealed, that the start of the criminal case with the accusation of improper implementation of  the employee’s  official  duties  against Roland Bladadze  and  recognition of property,  legally owned by him,  as  illegal and unjustified,   later confiscation of this property,  has been based on  unfounded and fictional evidences. Legal dispute for the return of confiscated property has been continued from April ,2013 after  being acquitted of  all the charges by Prosecutor’s Office of the Autonomous Republic of Adjara.  Roland Bladadze, was one of those, whose property was confiscated  by force in 2004.Specific legal activities regarding the case,  are still in progress.

The “Young Barristers” appealed with recommendation letter to the Administration of the President of Georgia in October, 2014:

  • To provide political appraisal of the actions against the citizens whose property has been confiscated  in the years of 2004-2012 and ensure the creation of the  relevant legal space  which will  be directed towards adoption of the just decisions on the property cases and promote  protection of the rights and interests of the bona fide owner of the property .
  •  To declare moratorium  regarding the property which is subject of ongoing investigations , in order to restrict illegal property owners from alienation of such property.
  • To provide political assessment of his predecessor’s decree #285 of June6, 2015, according to which the decision  on the “Privatization of the State property sold through the direct sale method  to the members of the Constitutional Court of Georgia”  has been enforced and the property of the members of the former Government of Adjara and persons connected with the heads of the former Government of Adjara , has been confiscated.

The “Young Barristers” will carry on proceedings regarding the case in the Common Courts of Georgia.

 



Comments