Georgian NGO “Young Barristers” responds to the changes to be made to the civil legislation of the country, according to which the so called “police evictions” under eviction legislation should be abolished.
Salome Goglidze, a lawyer with the organization positively evaluates changes offered by the current Government, according to which eviction should be enforced only on the basis of relevant court decision rather than enforced by the police. One the one hand, new regulations will promote human rights protection in the country and on the other hand, stakeholders will have opportunity to represent their arguments over the disputed property in the court, rather than in the streets. Relevant attention should be paid to the interests of the legal owners and Bona fide purchasers as well, however it is a positive obligation of the Government to create fair environment for everyone and give equal opportunities to the parties to protect their legal interests. The fact is, that the court often violates statutory terms and accordingly there is a high risk that consideration of such disputed property cases will also be delayed and as a result of this legal interests of the property owner will be severely damaged. Thereby it is important that judicial power improved its work, increased number of judges, effectively distributed cases among them and if necessary even appoint specialized judges. Of course, court proceedings should be quick and efficient so that new evictions legislation could operate successfully.
“Young Barristers” believes, that current legislation, according to which it is possible to evict residents from the real estate without court decision, is in conflict with international regulations. For example, it contradicts article 8 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, establishing private and family right respect. Accordingly, it is important to make relevant amendments to the legislation and prohibit force eviction by police without relevant court decision.
“Young Barristers” claims, that the decree N747 of May 24, 2007, adopted by Vano Merabishvili, the former Minister of Internal Affairs, significantly violates rights of the persons, possessing real estate. According to the decree, Police is entitled to evict residents from possessing real estate without any court decision, even in case when a legal dispute over such real estate is in progress in the court, Despite the fact, that during the proceedings, person owning disputed real estate is not the owner according to the Public Registry data, yet, mentioned real estate is disputed and the chances to return it is big, since the ownership on the property may have been illegally lost.
Legal group of “Young Barristers” had a case, where eviction process from the disputed property was to be suspended by the court decision, however, it was carried on and completed on the basis of Vano Merabishvili’s decree N747. As a result, the property owner has suffered a big damage. Very often people lose their property through forgery and these people should have opportunity to apply to the court and claim their property back.
The “Young Barristers” considers, that an opinion, according to which, prohibition of eviction without relevant court decision will violate rights of the creditors and/or owners who have purchased property legally, for instance by auction and didn’t have opportunity to benefit from their property, cannot justify the fact of police eviction without court decision. Despite the fact, that in case of the person’s appeal to the court, court proceedings are always related to the terms of discussion, the organization yet doesn’t share this opinion and explains, that discussion of the above mentioned cases is not related to the specific terms or delays of the case consideration on behalf of the court, in such a manner to justify eviction without court decision, since the damage, caused by eviction is much bigger and protected good is also very important.
