The Public Defender, George Tugushi, has addressed the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia, Koba Subeliani, with a recommendation to study the condition of Nana and Klara Kvashilava and provide them with alternative accommodation.

The Public Defender received an application of an IDP from Abkhazia, Nana Kvashilava, who has lived in the village of Potskho-Etseri together with her mother, Klara Kvashilava, since August 10, 2010. According to the applicant, due to the damp climate of Potskho-Etseri and the condition of their health, the family cannot live in the new settlement of IDPs.

The applicant submitted medical documents. The medical certificate says that, according to the recommendations for treatment and labor, if Nana Kvashilava’s living conditions do not change, the consequences for her will be deplorable.

Nana and Klara Kvashilava have addressed the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia with a request to change their place of residence on a number of occasions, but the Ministry deemed it inexpedient to do another review of the issue of providing the Kvashilavas with accommodation.

The incompatibility of the new settlement of Potso-Etseri with the standards of adequate accommodation was reflected in the 2010 parliamentary report of the Public Defender of Georgia. The aforementioned was also emphasized by international NGOs. In addition, representatives of the Public Defender of Georgia have been carrying out permanent monitoring in IDP settlements, including in Potskho-Etseri. The latest monitoring has made it clear once again that access to medical infrastructure is problematic.

There is no pharmacy or medical unit in Potskho-Etseri. To get medical service, IDPs have to travel to the settlement of Jvari or Zugdidi, which is 50 kilometers from the settlement. Klara Kvashilava’s family cannot travel to Zugdidi and pay for medical service. Accordingly, they are not able to get permanent treatment.

The Public Defender thinks that, considering Nana and Klara Kvashilava’s health condition, living in the aforementioned conditions does not correspond to the standards established for adequate accommodation and, in entirety, creates an environment that is dangerous for their lives and health. In the aforementioned case, the state should take the obligation to use all means at its disposal and to provide the applicants with adequate living conditions. In addition, violation of the right to adequate accommodation may also cause a violation of their right to life and health, which is a fundamental right and is necessary for effective exercise of other human rights.