An Unlawfully Confiscated Suite, Land Plots with the Buildings on Them Shall Be Returned to Affected Citizens, by the Decision of the Prosecution Service

2017-03-17 13:28:43

By the decision of the Department to Investigate Offences Committed in the Course of Legal Proceedings, Chief Prosecutor’s Office of Georgia, the affected citizens shall regain possession of unlawfully confiscated suite on Chavchavadze Avenue, Tbilisi, 3.5ha land plot located in Grigoleti, Lanchkhuti District, 7500 square metre land plot for nonagricultural purposes with the buildings on it, located in Oni District, all currently owned by the state.
Other criminal cases of illegal confiscation of property have been solved by the Department. In particular, investigation revealed that on December 14, 2005, Prosecutor’s Office of the Western Georgia had citizen Zaur Pirtskhalaishvili arrested under fraud charges, who legally owned 3.5ha land plot located in Grigoleti, Lanchkhuti District.
After the arrest of Pirtskhalaishvili, the government became interested in the aforementioned property, for which purpose the officers of Prosecution requested the defendant to surrender the property in return of plea deal and release from jail, threatening him with long-term imprisonment if he did otherwise. Following the aforesaid, they made arrested Zaur Pirtskhalaishvili to write a statement under psychological duress about surrendering the property, in which it was stated, that the citizen was giving up 3.5ha land plot located in Lanchkhuti District as a sign of his support and love to the state, following which bail was imposed on him as a measure of constraint da he was released. Eventually, as the property ended up in state’s possession, a plea bargain was struck with Zaur Pirtskhalaishvili regarding conditional sentence and additional fine in the amount of GEL 50,000 was imposed on him.
In September 2008, citizen Koba Dzlierashvili was summoned to the Constitutional Security Department (CSD), at the so-called ‘Moduli Building’. As he arrived, several officers of the CSD categorically demanded him to give up his own suite on the Chavchavadze Avenue, indicating him being a relative of Gocha Masokhovi, the businessman opposing the government and declared wanted at that time, as a reason. In case on noncompliance, they threatened him with creating problems for his family.
After the threat made by the officers of the CSD, Koba Dzlierashvili gave up his property rights to his suite by the deed of gift, several days later.
Since 2004, citizen G. Bichashvili had been the rightful owner of the 7500 square metre land plot for nonagricultural purposes with the buildings on it, located in Oni District.
In 2007, Racha-Lechkhumi and Kvemo Svaneti Governorate became interested in the aforementioned boarding house, for which purpose Giorgi Bichashvili - father of the owner of the said real estate - was summoned by the employees of the governorate several times, demanding him to gratuitously give up the property in favor of the state as a gift, threatening him with prosecution and arrest in case of noncompliance.  
The Bichasvhilis, being under psychological duress due to the pressure exercised against them, were trying to keep their property and procrastinate the process in every possible way. Therefore, in order speed up the process, the governorate employees summoned Giorgi Bichasvili at notary office located at 5, Pekini Street, Tbilisi, and provided him a pre-prepared power of attorney, as if he had authorized his father – G. Bichashvili to manage and alienate the property.  In fact, the content of the power of attorney did not express the actual will of the owner and was forged. By the demand of the governorate employees, on the basis of the forged power of attorney, a deed of gift was signed, according to which, 7500 square metre land plot for nonagricultural purposes with the buildings on it, located in Shovi, was gratuitously handed over to the state.
Based on our conclusive decisions, Prosecutor’s Office will apply to the Ministry of Economy and Sustainable Development of Georgia with the motion, to return the property currently owned by the state to the affected citizens by the decree of the Government of Georgia: 7500 square metre land plot for nonagricultural purposes with the buildings on it, located in Oni District - to Giorgi Bichashvili; 3.5ha land plot located in Grigoleti Village, Lanchkhuti District - to Zaur Pirtskhalaishvili; and 80 square metre suite, valued GEL 219,000, on Chavchavadze Avenue, Tbilisi, to Koba Dzlierashvili.
As for the exposed former officials, who were involved in unlawful confiscations of property, Prosecution will discuss rational use of discretion authority against them, while taking the degree of their cooperation with the investigation into account.      
By now, as a result of the work done by the new Department, 56 cases of forced confiscation of property have been solved, 100 citizens have been recognized affected. Movable and immovable property worth about 23 million GEL, including 72 cars, apartments, office and commercial spaces, a wine factory, swimming complex, plots etc. have been or are being returned to the affected citizens.