Practice Relating to Rule 133. Property Rights of Displaced Persons
Section A. Safeguard of property rights
Georgia’s Law on Internally Displaced Persons (2014) states:
Article 6. Definition of an IDP [internationally displaced person]
1. A citizen of Georgia or a stateless person with a status residing in Georgia shall be considered as an IDP, if he/she was forced to leave his/her permanent place of residence because of threat to his/her or his/her family member[s’] life, health or freedom caused by the occupation of the territory by a foreign state, aggression, armed conflict, mass violence and/or massive human rights violations and/or he/she cannot return to his/her permanent place of residence due to the above mentioned reasons.
Article 15. Protection of IDP Property Rights in their Places of Permanent Residence
1. The State recognizes the IDPs’ right to restitution, which is hereditary, on the real estate they left in the places of permanent residence.
2. The State shall take all possible measures to protect the property owned and/or possessed by an IDP in the places of permanent residence which he/she had to leave due to reasons as referred to in paragraph 1, Article 6 of this Law, from robbery, destruction, arbitrary and unlawful use and appropriation.
3. After elimination of [the] circumstances as referred to in paragraph 1 of Article 6[,] in case[s] whe[re an] IDP returns to his/her place of permanent residence, the State shall take all possible measures to ensure that the real estate which an IDP had lawfully owned and/or possessed before displacement and w[as] forced to leave, is returned to a lawful owner and possessor.
4. The right envisaged by paragraph 1 of this Article shall be maintained in … cases wh[ere] durable housing has been provided to IDPs.