PROMPTER SOLUTION OF INFRINGED PROPERTY RIGHTS
27 June, 2013
 PROMPTER SOLUTION OF INFRINGED PROPERTY RIGHTS
To prompt the process of restoring property rights violated during the ex-power from January of 2004 to November of 2012, the Center for Politics and Justice initiates creation and mediation council under the umbrella of the state that will be mandated to handle the problem of seized property that still remains in the state ownership.
According to Amiran Giguashvili, Head of the Center for Politics and Justice (CPJ), their target group will be the proprietors who gifted their property [including
both movable and immovable property, stakes etc] or handed it for symbolic price to the state under the crackdown of ex-regime officials and which assets are still under the state ownership. The issue of the already privatized and divested assets is too entangled to be solved through the simpler mediation mechanism and does not depend on the will of the state, but the questioned property that still is at the state hands is completely at discretion of the state and mediation can be adopted.
First of all the CPJ plans to create an electronic base of the victim proprietors in two months, then they ask the state to suspend the privatization or exploitation of the property registered in the base until the clearance of the issue, then work out and submit at parliament a legislative initiative on creation mediation council with the state staffed by representatives of the relevant state structures and legal experts in the coming fall. After the law on regulation and competence of the mediation council is approved it will start discussion of cases individually.
“If the Mediation council concludes that the state can lose the case it will be put under litigation procedures [at court] then the state will go on concessions with the compliant side,” Giguashvili said in the interview to Georgian Journal. He believes the mediation will help victims to spare time and money related with the lingering court procedures that takes from a year to a year and a half and requires 3% of the disputed property. Giguashvili recommends making the mediation project free of charge if the state approves such idea or at least halve the costs. If the case is impossible to settle via the mediation council the compliant side can go to the court. If returning the illegally seized property is impossible an alternative compensation should be offered.
CPJ appeals other non-governmental organizations as well as media to participate in the mediation initiative in order to prompt the process of restoration of justice as soon as possible for after the power shift people have expectations that their infringed property rights will be restored but the Prosecutors’ office is simply overflowed by complaints and creation of simpler mechanism like mediation may discharge the situation.
“Restoration of justice should not be an unfinished process and the more organizations are included the better,” Giguashvili said.
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