A high-level report of the Secretary General of the Council of Europe, Marija Pejčinović Burić, was presented to the Committee of Ministers on the human rights situation in Georgia. According to the report, concerns persist regarding the human rights situation in the areas affected by the armed conflict between the Russian Federation and Georgia in August 2008, namely Abkhazia, Tskhinvali region/South Ossetia.
It is a fundamental objective of the member states of the Council of Europe to uphold the territorial integrity of Georgia. It is to be reminded that the unequivocal support of Member States for the sovereignty and territorial integrity of Georgia within its internationally recognised borders was reiterated. The Committee of Ministers of the Council of Europe has called upon the Russian Federation to stop and reverse illegal processes and to comply with its international obligations and commitments.
The Georgian Government conveyed to the delegation its deep concern with respect to the preparation of a so-called transfer of the Bichvinta estate in Abkhazia, Georgia, to the Russian Federation on a 49-year lease. A reported 180 hectares of land, including its buildings and structures, would be transferred to the Federal Protective Service of the Russian Federation in the event of the “ratification” of the “agreement”. The Georgian Government strongly condemned the “agreement” between the Russian Federation and Abkhazia, Georgia on simplified procedures for receiving dual (Russian) citizenship. This “agreement” was reportedly signed in September 2022.
Since the last reporting period, so-called “parliamentary elections” were held in the Georgian region of Abkhazia on 12 March 2022, as were so-called “presidential elections” in Tskhinvali region/South Ossetia, Georgia, on 10 April 2022. The Georgian authorities condemned proposed plans announced in Tskhinvali region/ South Ossetia, Georgia, to hold a “referendum” on joining the Russian Federation. The proposed date of 17 July 2022 for the “referendum” was postponed.
As reported previously, the European Court of Human Rights delivered its judgment on the merits on 21 January 2021 in the inter-State application (II) No. 38263/08 Georgia v. Russia concerning the armed conflict between Georgia and the Russian Federation in 2008 and its consequences. The judgement established the responsibility of the Russian Federation for grave human rights violations during the period of occupation of the Georgian regions of Abkhazia and Tskhinvali region/South Ossetia following the August 2008 war as the State exercising effective control over those regions including the killing, torture, ill-treatment and arbitrary detention of Georgian civilians and military personnel, the looting and burning of Georgian homes, the inhuman treatment of Georgians targeted as an ethnic group, and the deprivation of the right of IDPs and refugees to return to their homes.
The Committee of Ministers recalled the scale and nature of the violations found in the judgement, and reaffirmed the Russian Federation’s unequivocal obligation to implement all the measures for the purposes of execution of the judgment notwithstanding its cessation of membership of the Council of Europe. The Committee urged again the authorities of the Russian Federation to submit to the Committee of Ministers a thorough and comprehensive action plan in this regard.
Furthermore, the investigation authorised by the International Criminal Court in January 2016 into the Situation in Georgia covering the period from 1 July 2008 to 10 October 2008, for war crimes and crimes against humanity allegedly committed in and around the Tskhinvali region/South Ossetia, Georgia, is ongoing. On 24 June 2022, Pre-Trial Chamber I of the International Criminal Court issued the public redacted versions of arrest warrants for three individuals. Pre-Trial Chamber I considered that there were reasonable grounds that each of the suspects bears responsibility for war crimes. The ICC Prosecutor had filed on 10 March 2022 an application for arrest warrants in relation to these three individuals from the Tskhinvali region/South Ossetia, Georgia, with the application focused specifically on unlawful confinement, ill-treatment, hostage taking and subsequent unlawful transfer of ethnic Georgian civilians in the context of an occupation by the Russian Federation.
The bi-annual report (covering the period April-October 2022) on the conflict in Georgia highlighted that core issues concerning the human rights and humanitarian situation in the conflict-affected areas continue to see little progress, with restrictions on freedom of movement, including through the illegal so-called “borderisation” process, and access to education and health care remaining of serious concern, including with regard to their impact on vulnerable groups.
Against this background, the Secretary General welcomed the continuous efforts and initiatives undertaken by the Georgian government aimed at promoting dialogue and reconciliation, and their provision of access to health care, education, and social benefits to residents of the Georgian regions of Abkhazia and Tskhinvali region/South Ossetia.
The report also noted the work of the Council of Europe to facilitate confidence-building measures which aim to build bridges between population groups and enhance human rights protection in regions affected by conflict.
Against this background, the Secretary General welcomed the continuous efforts and initiatives undertaken by the Georgian government aimed at promoting dialogue and reconciliation, and their provision of access to health care, education, and social benefits to residents of the Georgian regions of Abkhazia and Tskhinvali region/South Ossetia.
The report also noted the work of the Council of Europe to facilitate confidence-building measures which aim to build bridges between population groups and enhance human rights protection in regions affected by conflict.
