An elderly man had his rights to his apartment and house taken away from him through the court. In in despair, he turned to Akyikatchy (Ombudsman)

Akyikatchy (Ombudsman) of the Kyrgyz Republic Dzhamilia Dzhamanbayeva held a personal reception of citizens.

T. T., born in 1939, applied to Akyikatchy with a request to help restore his rights to private property.

He said that his rights to his apartment and house were violated by a court decision.of the court.

"My spouse and I have been together for many years and have raised and educated our common four children in common. Spouse also had a son from her first marriage. "After my wife passed away, the daughter of my wife's son from her first marriage went through the courts to claim her share. The house and apartment were registered to my spouse. We started looking for lawyers. We did. We started a civil suit. But for some reason they wouldn't let me in court, that's what my lawyer told me. I always showed up to court, but I waited on a bench outside. Then the court ruled. The right to the property was divided equally between me and my children and my wife's granddaughter. I didn't understand the court's decision right away. And I didn't find out about the judgment late. I was unaware of the settlement agreement. It was only later that I realized  that my rights had been violated in court" the man said.

It should be noted that on September 17, 2021,

The October District Court of Bishkek approved by its decision the settlement agreement concluded between lawyer T. T. and his children, as well as with his wife's granddaughter.

According to the terms of the settlement agreement, the above-mentioned persons are heirs by law with the right to receive 1/6 share out of 1/2 share each of the inherited real estate.

According to the materials of the case, at the trial the proposal to conclude a settlement agreement came from the lawyer T. T.

By the court's ruling of September 17, 2021 in connection with the approval by the court of the proceedings on the case were terminated.

The man is sure that his rights were not sufficiently upheld in court.

According to the man's story, after he learned and understood the essence of the court's decision, he long and ineffectively pounded the thresholds of government agencies and tried to get justice.

According to his stories, he was on duty in the heat and cold, sometimes in the pouring rain, in front of the administrative buildings of law enforcement agencies in the hope that someone would hear and understand his problem. However, all to no avail.

When he became desperate, he turned to the president.

According to the case file, the president instructed the Justice Department

to provide legal assistance to the elderly man. He was provided with a free lawyer and filed a petition with the Bishkek City Court to restore the missed procedural deadline for filing a private complaint to challenge the decision of the court to challenge the court's decision on the settlement agreement.

However, on December 28, 2022, the court of second instance refused to satisfy the

motion. On April 19, 2023, the Supreme Court upheld the decision of the of the second instance.

Now the elderly man has been forced to regularly go round and round to the state authorities in the hope of justice.

"I wanted to rewrite the house to my grandson, whom my wife and I from childhood

to the grandson my wife and I raised from childhood. And now I can not do this, I can only rewrite my share" the elderly man told Akyikatchy.”

Akyikatchy noted that she had scrutinized his case and that there were legitimate ways to defend his rights.

"I took your case under my personal control. Appeal of representatives  of vulnerable people is a priority for me. We have an understanding of the situation in your case, we also see ways to solve it," said Akyikatchy.

Dzhamilia Dzhamanbayeva instructed the relevant departments to take all necessary measures to restore the legal rights of the elderly man.