In accordance with article 21 (b) of the Organic Law of Georgia on Public Defender, Mr. Ucha Nanuashvili, Public Defender of Georgia has addressed Mr. Leri Demetrashvili, the acting Gamgebeli of Nadzaladevi District with recommendation regarding providing housing to socially vulnerable individuals.

The Public Defender’s Office was addressed by Mr. Vakhtang Talakvadze, attorney of homeless individuals residing at #3 Ghoghoberidze street, Tbilisi (formerly Public School #13) regarding eviction of his clients. On July 24, 2013 representative of The Public Defender’s Office met with residents of #3 Ghoghoberidze street in order to study the issue. 30 of the resident families are registered in the unified database of socially vulnerable families of the Social Service Agency of Ministry of Labour, Health and Social Affairs of Georgia with borderline rating scores. The building occupied by the socially vulnerable families is under State ownership.

On July 29, 2013 Tbilisi Main Territorial Entity of MIA was conducting eviction of socially vulnerable families based on the request of the property owner. Upon arrival at the site the representatives of Public Defender found out that alternative housing had been provided to 8 families and they left the building voluntarily. According to 22 remaining families the selection had not been conducted objectively.

It is noteworthy that among the individuals evicted from the former Public School #13 building there are seriously ill, persons with disabilities, elderly and minors. They are below poverty line and are unable to independently find housing. Therefore they present a vulnerable group of individuals that require sufficient aid from the State entities in order to exercise their social rights.

According to Article 18, paragraph 1 (b) of the Law of Georgia on Social Aid obligation to provide adequate housing to homeless individuals is delegated to local government entities by the State. Therefore the local government has a special obligation towards homeless families.

As known, the Gamgeoba of Nadzaladevi District of Tbilisi Municipality does not have a vacant housing fund at present. However lack of resources does not mean that the State is free from fulfilling incurred obligations. The State has a minimal fundamental obligation – to ensure exercise of each right at least to minimal extent.

Taking into account the factual and legal circumstances of the case, Public Defender regards that the local government in cooperation with the Ministry of Labour, Health and Social Affairs of Georgia should individually provide housing to 22 families residing at #3 Ghoghoberidze street, Tbilisi (formerly Public School #13) in a fast and effective manner.