DUSHANBE, January 16, Asia-Plus — Lack of an agreement between Tajikistan and Turkey on fulfillment of court rulings hampers settlement of a dispute between the Dushanbe mayor’s office and Turkey’s Emek Insaat over the completion of construction of half-finished water park in the Tajik capital, Jalol Isroilov, a judge with Tajik Higher Economic Court, remarked at a news conference in Dushanbe on January 15.
According to him, the problem has remained unsolved for two years as Turkish Arbitration Court cannot consider the case because of lack of an appropriate agreement between the two countries. “It proved to be very hard to find representatives from Emek Insaat in Turkey,” said the judge, “The Tajik side has not found the trace of them so far.” “It means that the problem will have remained unsolved this year as well.”
The judge noted that repeated visits of Dushanbe officials to Turkey on this subject have been unsuccessful and the issue of Turkish company’s paying some $8 million in damages to the Tajik side has remained unsolved.
We will recall that in 2004, the Dushanbe mayor’s office and Turkey’s Emek Insaat signed an agreement on the construction of a water park in the Tajik capital. Under the agreement the Dushanbe mayor’s office paid $2.5 million to the company. After the construction started, the Turkish company demanded for further $2.9 million to finish the facility. Following the Dushanbe mayor’s office’s refusal to provide additional funds, the company stopped the construction work and left Tajikistan.
According to the judge, Tajik president’s executive office in 2004 filed a suit against Emek Insaat to Tajikistan’s Higher Economic Court asking for $1.5 million in damages. In 2005, the Dushanbe mayor’s office also filed a suit against the Turkish company asking for $6.2 million in damages. Although the court has ruled that Emek Insaat must pay the damages, the Turkish side has not yet replied.
