Public Statement and Appeal to State Agencies
Merab Ghoghoberidze, head of the non-governmental organization “Georgia — Information Center for Combating Corruption,” has issued a public statement and appealed to the Prosecutor General’s Office of Georgia, the Ministry of Internal Affairs of Georgia, and the Investigation Service of the Ministry of Finance of Georgia.
Appeal from Residents of a Residential Building Under Construction in Batumi
The non-governmental organization “Georgia — Information Center for Combating Corruption” was contacted by residents of a residential building under construction located at 8 Gudiashvili Street in Batumi.
The applicants requested a review of circumstances related to the long-term construction of the residential building, the rights of apartment owners, and developments surrounding the activities of LLC “Sheni Sakhli.”
Information and Documentation Reviewed by the Organization
Within the scope of its authority, the organization reviewed the submitted information and documentation.
Among other materials, documents were requested from the National Agency of Public Registry under the Ministry of Justice of Georgia regarding the company’s registration, shareholding structure, changes in partners and management, representative authority, and other legally significant circumstances.
Circumstances Requiring Review and Persons Mentioned
As a result of reviewing the materials submitted to the organization and the documentation received from the Public Registry, a number of issues and circumstances were identified which, in the organization’s assessment, require a comprehensive, objective, and impartial review by the relevant investigative authorities.
According to the information and documents provided to the organization, since 2018, Mindia Alelishvili, Giorgi Tsakadze, Mikheil Murvanidze, and Ruslan Natsarishvili have appeared in various documents and processes related to the activities of LLC “Sheni Sakhli,” as well as the company’s shareholding and management changes.
Legal Determination of Guilt
The organization emphasizes that mentioning the names of these individuals does not confirm their guilt or constitute a final legal conclusion that they have committed any crime.
A person’s guilt can be established only through an investigation and court proceedings provided for by law.
Questions Regarding the Company’s Shares and Management
Based on the reviewed materials, questions have arisen regarding the legality of changes to the company’s shares, management, and representative authority.
It must also be examined whether any actions were carried out that may have affected the company’s property status, the fulfillment of its obligations, or the lawful interests of apartment owners.
Need for Information on the Progress of the Investigation
According to the information provided to the organization, an investigation into these circumstances is currently ongoing or had previously been conducted by the relevant investigative authorities.
However, according to the applicants, despite the passage of time, they still do not have substantial information about the progress of the investigation and have not received answers to the important questions they raised.
Issues That Must Be Examined During the Investigation
In the organization’s assessment, the investigation must examine all transactions and documents related to the alienation, transfer, and changes of the company’s shares and partners.
The legal grounds for changes in the company’s managers and persons authorized to represent it must also be examined, along with the authenticity, origin, and compliance with the law of documents submitted to the Public Registry.
The investigation must review contracts concluded on behalf of the company and financial operations carried out, as well as the circumstances of possible alienation or disposal of the company’s property, assets, and financial resources.
It must also be verified what the funds received from apartment owners were intended for and how they were actually used, as well as the circumstances related to the progress of construction and the fulfillment of the company’s contractual obligations.
The possible existence and amount of property damage caused to the company and apartment owners must also be assessed, along with the actions, roles, and possible grounds for liability of each person connected to the case.
Assessment of Possible Legal Elements
Based on the reviewed materials, the investigation must assess whether there are signs of fraud, possible production or use of forged documents, possible unlawful appropriation of another person’s property, property damage, possible abuse of authority, possible coordinated actions by individuals, or other acts provided for under the criminal legislation of Georgia.
The organization emphasizes that determining a specific criminal qualification, assessing evidence, and establishing the guilt of individuals fall exclusively within the competence of the relevant investigative authorities and the court.
Appeal to the Prosecutor General’s Office and Relevant Agencies
The non-governmental organization calls on the Prosecutor General’s Office of Georgia, the Ministry of Internal Affairs of Georgia, and the Investigation Service of the Ministry of Finance of Georgia to ensure, within the scope of their competence, a comprehensive, objective, effective, and timely investigation of the case.
The organization requests that the documentation obtained from the Public Registry, as well as other documents related to the case, be reviewed, and that the legality of the company’s shareholding, management, and representative changes be verified.
It is also necessary to question all persons who may possess information relevant to the case, and to obtain and review the company’s banking, financial, accounting, contractual, and construction documentation.
Protection of Apartment Owners’ Rights
The organization calls on the relevant agencies to assess the possible existence and amount of property damage caused to the company and apartment owners.
At the same time, the procedural rights of the applicants must be protected, and they must be provided with information about the progress of the investigation within the limits permitted by law.
If sufficient evidence exists, the relevant agencies must decide on the issue of liability of the appropriate persons in accordance with the procedure established by law.
Appeal to Persons Possessing Additional Evidence
The organization calls on all individuals and organizations that possess any document, financial information, contract, correspondence, or other important evidence related to this matter to provide it to the relevant investigative authorities.
Continued Monitoring
The non-governmental organization “Georgia — Information Center for Combating Corruption” will continue to monitor the issue, protect the lawful interests of apartment owners, and inform the public within the limits permitted by legislation.