Property Seizure of 40 Families in Racha Canceled After Advocacy Efforts

Before Mtis Ambebi investigated the case and before the involvement of a lawyer and interest from opposition members of parliament, the prosecutor's office suggested to several local residents that, to avoid complications and arrests, they should agree to a plea deal if charges were presented.

The illiterate individuals were coerced into confessing to crimes they did not commit, falsely admitting that they had fraudulently appropriated the plots belonging to their ancestors. They were required to surrender all their plots to the state, with the prosecutor's office demanding only a fine or a suspended sentence as punishment.

The village of Utsera is situated in the narrow valley of the Rioni River in Racha, a region with limited land. It is a particularly small village, with locals having only a small meadow by the forest for farming. In 2020, the undocumented residents officially registered their ancestral lands as property without any issues. However, as soon as the government secretly granted 104 712 hectares of forests in Racha and Kvemo Svaneti [Occupation of Racha Forests] to Davit Khidasheli, a partner of a Russian oligarch, for 49 years, the private property was confiscated from the peasants within a month. This land is the only available space in Utsera that is suitable and attractive for construction and tourism business.

The government has complained about the alleged fraudulent seizure of land. Despite the investigation lasting over a year, the prosecutor's office has not yet interrogated a single resident of Utsera, nor has anyone been proven and charged with fraud. Nonetheless, the illiterate individuals have faced significant limitations on their property rights.

After Mtis Ambebi published a journalistic investigation into the case of the Racha forests, the non-governmental organization Civil Activities Center became involved to protect the rights of the illiterate individuals. Lawyer Vladimer Kutateladze applied to the District Prosecutor's Office of West Georgia, demanding the cancellation of the seizure of property from the undocumented individuals.

"Based on the decision of the Constitutional Court of Georgia on February 15, 2022, and the amendments made to the Criminal Procedure Code on September 29, 2022, property seizures are conducted in two stages, with each stage having a 12-month period. The property of the individuals I represent was seized for the duration of the investigation, which has no fixed period, thereby violating legal requirements and limiting their constitutionally guaranteed right to property. Therefore, we requested that the prosecutor's office apply to the Kutaisi City Court to seek the release of the seized land plots," the lawyer stated. After not receiving a response from the West Georgia prosecutor's office within a month, he appealed the district prosecutor's inaction to the general prosecutor's office.

During the same period, members of the Parliament of Georgia Khatuna Samnidze, Teona Akubardia, and Tamar Kordzaia - visited Utsera. After returning to Tbilisi, the deputies addressed the relevant agencies in writing, demanded explanations, and held a press conference in parliament, urging the prosecutor's office to respond.

Subsequently, the District Prosecutor's Office of West Georgia petitioned the Kutaisi City Court to lift the seizure of the ancestral land from all 40 families living in Utsera.