Parents Punished for Offspring’s Protest: Soviet-Era Tactics Resurface in Shukruti

Georgian Manganese has filed two lawsuits against the residents of Shukruti in the Sachkhere court.

In the first lawsuit, the company requests:

1. That 14 individuals be prohibited from interfering with the company's manganese mining on their own land plots.
2. That the plots of land (on which the residential houses of the defendants still stand) be handed over in an exempted condition for a period of 4 years, upon the company's first request, to carry out ore extraction works without interruption.

In the second lawsuit, Georgian Manganese named 30 defendants. The lawsuit states that "the defendants are standing at the entrances of the Korokhnali and Shukruti mines and are physically resisting the company's employees, preventing them from entering the premises and carrying out ore mining operations." The aforementioned unlawful group and criminal actions are disrupting the work, thereby causing significant damage to Georgian Manganese LLC and the state. As of the date of filing the lawsuit, the actual damage caused by the individuals named as defendants amounts to 5 563 481 GEL, which should be borne jointly and severally by the defendants.

At the company's request, the court seized the houses and plots belonging to all 30 individuals, including those not located in Shukruti, and prohibited the owners from alienating or mortgaging them.

The only evidence attached to the Georgian Manganese lawsuit consists of several photos published by rally participants on social networks. The company has listed the names and surnames of the individuals depicted in the photos, incorrectly in several instances. For example, one photo is labeled as showing Soso Tabatadze, but it actually depicts his father, Amiran Tabatadze. Soso Tabatadze does not live in Shukruti and has never participated in protest against the mines; however, the company still named him as a defendant. Soso is not an exception.

Out of the 30 defendants in the lawsuit, 13 are not participants in the ongoing protests at the mines, yet Judge Ivane Kipiani confiscated all their property.

"He did not pass through this area at all. He has been serving in the defense for 22 years and is a military man. The law already prohibits him from participating in these rallies. They did it to make me bitter, to have a negative effect on me," said Gocha Kupatadze, a participant in the Shukruteli protest. He and his son's family have been living separately for a long time, but because of the father's protest, the son is also being punished.

Melano Neparidze does not participate in the protests either, but at the request of Georgian Manganese, the court seized her only residential house and plot of land located in Shukruti. Melano learned about this when the court decision was handed down. Her son, Giorgi Bitsadze, is an active participant in the rally and has been on hunger strike since September 1, continuing her non-stop protest in front of the parliament building. Melano Neparidze, whose house is dangerous to live in and is collapsing, has not received a single Tetri as compensation from Georgian Manganese:

"I cannot enter the bathroom or the toilet safely; stones are falling from the walls. One meter from the bedroom, near the window, there is a sinkhole where the ground has collapsed. We filled it with tiles and stones. When it rains, my village stays awake all night to prevent us from sliding.

It is true that bombs do not fall from above, Mr. Bidzina, but they are in the foundation of the house. How long can we live in fear of death? The company doing this is suing us here."

"He can do so and he starts arguing. This country is closed off with straw. If the judge placed a seizure on me, do I need to submit any documents? It turns out that I was a radical who participated in the violent blockade of the Shukruti mine and physically prevented operations there. Shukruti is my village, but I haven’t been there for 21 years due to my health. I wanted to be there; I also want to be with my son at the parliament, but if he is tried under that article now, as if he wanted to be involved, and that’s why they have to arrest him. That’s another matter,” Nana Kopadze tells us.

She has also never participated in the rallies against the mines. However, her son, Jumber Tsutskiridze, is currently on a hunger strike in front of the parliament building. Jumber has been living separately with his wife and children for more than 10 years and is no longer part of the same household.

Tamaz Darbaidze’s house and land were also confiscated. He is not participating in the ongoing protest near the mines, but his son, Tornike Darbaidze, is an active participant in the protest:

"If there was a time when parents, wives, and children were imprisoned, that was a different period. Now, if it is the case that a father is responsible for the behavior of his adult son, I don't know.

Not only that, but my daughter has been married in Kutaisi for several years. She no longer lives with us. She also received the court’s decision stating that her property has been seized. What are we supposed to do with him or me?"

Nana Kopadze and the other defendants are convinced that the purpose of filing a lawsuit against them and confiscating their property is to intimidate the protest participants. “They want to break Jubo from the inside somehow. If you disturb your mother and sister, who have small children, they will not care; they will make you go to prison. If you no longer have the ability to fight, that’s why they do it.”

Vladimer Kutateladze, the lawyer representing the participants of the Shukruti protest and a member of the Civil Advocacy Center, believes that the ruling of the Sachkhere court to confiscate property is illegal and that the court should not have accepted any of the lawsuits from Georgian Manganese.

"In order for someone to request the prevention of interference with the use of a plot of land, it is necessary that the plot is either their property or that they have legal possession of it. In this case, the specified land plots are the private property or co-ownership of the defendants. They are granted the right by the constitution to prevent others from accessing their property, to protect it, and to forbid any encroachment.

For a person to request the transfer of an item, there must be a proper contract or agreement. In this case, there is no document that obligates the defendants in any way to hand over the mentioned plots of land to the plaintiff for any period, let alone for 4 years.

Since 13 of the defendants were not near the mine and, therefore, did not block it, they could not theoretically have caused any damage to the company, and thus have no obligation to compensate for any damages," the lawyer notes.

16 participants demonstrating protest near the Parliament are on hunger strike, including 8 women. The police do not allow them to set up a tent in front of the legislature. The participants of the protest are covered with a tarpaulin to stay dry during the rain.

The residents of Shukruti have only one demand: that Georgian Manganese, which destroys their houses as a result of manganese mining, assess the damage through the National Bureau of Forensic Expertise and provide fair compensation. For six months before coming to Tbilisi, the residents of Shukruti held rallies in Chiatura, but they failed to attract the attention of the authorities.

18 families from the participants of the action have not received any money to compensate for the damage. They have received only a meager amount for several families. Georgian Manganese has paid only 6 people a relatively solid salary, and in some cases, this was given in the form of an advance.

Tariel Neparidze also participated in the rally in front of the Parliament building. It is no longer livable in his house in Shukruti as it is dangerous for his life, but Georgian Manganese has not provided any compensation to date.

"When I sleep there, I spread out a chair under the table, put two chairs on each side, and hide under the table so that if something happens, I might survive.

This house could collapse at any moment. When I go to the top floor, I cover my head with a helmet. Bricks fall even as I pass through. In fact, I am an ecologist. At least I have a shelter in Tbilisi; otherwise, I would be without a home, homeless."

Based on the complaint from Georgian Manganese, three participants in the rally were charged with criminal offenses and granted bail. The company also fired 5 individuals for involvement in the protest.

On this topic:

How Authorities Are Trying to Suppress Shukruti Protests: Interview with a Lawyer on the Dispute’s Details