HDIM.DEL/433/07 04 October 2007 Report on the Violations of Human Rights in the Conflict Zones The human rights situation in the second half of 2006 was extremely grim in the conflict zones of Georgia, particularly in South Osetia and Abkhazia where the Central Government is unable to exercise its effective control. Occurrence of human rights violations and abuses are frequent in the areas densely populated with ethnic Georgians and territories under the control of CIS Peacekeeping Forces, indicating the gross negligence and inaction on the part of the peacekeeping forces. According to International Laws, in an event of international or local conflict the rules stated under the International laws are applicable. Based on the principle and responsibility to “secure observance of human rights and norms of the International humanitarian law” The peacekeeping forces are deployed on the territory of Georgia. As much as these human rights issues pose as stumbling blocks to the peace in the region, it also provides an opportunity to create milestones in form of groundbreaking negotiations leading to peaceful resolutions. It is with this faith that the Government of Georgia is pursuing with all its efforts in the direction to resolve the conflicts. To help achieve its objective of monitoring and evaluating of human rights abuses and freedom according to international Law, The Public Defender’s Office deems it necessary to have its representative actively participating in peace negotiations, in particular its attendance in the four- sided weekly meetings in Chuburkhinji, Geneva process and working meetings of joint control commissions. Permanent and active participation at the above meetings would strengthen the Office of The Public Defender in obtaining first hand information and facts at the ground level, facilitating to proper and adequate reaction when necessary. False Propaganda of the current situation in the conflict zones does not support or lead to complete and peaceful resolution of the conflicts. With this in mind, the Public Defender appealed to the State Minister on Conflict Resolution as well as the international organizations involved in the process. The State Minister’s position is still not known to the Public Defender. It must be noted that it is easier for the Public Defender to learn about the situation in Tskhinvali region. The Public Defender has contacts in Kokoiti and Sanakoev administrations. He also has contacts with the international organizations carrying out their missions in the conflict zone. The cooperation is especially effective with UN Human Rights Office in Sukhumi. It must be also noted that the de facto government often neglect the recommendations of the international and non-governmental organizations in regard to prevention of human rights violations. Other human rights democratic institutions don’t exist in these regions. The Public Defender expresses its appreciation to the residents of the conflict zones, The Ministry of Internal Affairs, The Office of the State Minister on Conflict Resolution, Human Rights Office of the Internally Displaced from Abkhazia, Mr. Dimitri Sanakoev and the many that provide the Public Defender’s Office with vital information about the instances of violations of human rights and freedoms in Abkhazia and South Osetia as well as in the entire peace- keeping zone. 1 In this report, The Public Defender has attempted to give as precise a legal evaluation to the incidents mentioned below according to the norms of the international law, but since the existing situation is so complex that there are cases where a single human right abuse is in violation of numerous fundamental rights, making it difficult to come to the conclusion as to which political or civil right has been violated. For example, often inhumane treatment of an arrested person is continuation of discrimination and illegal arrests. The Public Defender made a number of statements and appeals in regard to these facts. Incidents of Human Rights Violations in Abkhazia. Instances of inhumane treatment, discrimination and trafficking, violations of civil freedoms and political rights and kidnappings are frequent on the territory of Abkhazia. The feeling of discrimination and insecurity run high among the existing Georgian Population, compounded with the lack of proper infrastructure and the non-availability of basic amenities has created obstacles for the internally displaced that seek to return back to their homes, violating the right of voluntary return with guaranteed security and dignity. Under such circumstances where the Government of Georgia is unable to carry out its responcibility of providing security and implementing the rule of law. The so called “law- enforcement agencies” on the territory of Abkhazia, which are in most cases filled with criminals or in nexus with criminals encourages and aggravates the lawlessness in the region The so called active law “about the citizenship of the Republic of Abkhazia” on the territory of Abkhazia was adopted by the de facto parliament of Abkhazia in October 2005. The law defines the persons who have the right to get the “citizenship of Abkhazia”, regulates the procedures of the adoption of the citizenship and lists the reasons according to which a person can be denied the citizenship. This law is directly affecting the ethnic Georgians who sporadically returned to the places of their original residence. Despite the fact that the de facto government of Abkhazia unilaterally agreed about the return of the internally displaced to the Gali region in March of 1999, it did not bring about any substantive results. As for the territory beyond Gali, according to the statement issued by the top officials of the de facto government, the safe and dignified return of ethnic Georgians cannot be guaranteed. Instances of Torture, Inhumane and Humiliating Treatment. Torture and inhumane treatment is widespread and an established practice, which go unheeded and without any investigation. On September 7, a group of 50 separatist law-enforcers headed by Otar Turanba, deputy head of Gali regional militia raided village Gumurishi in Gali region, Temur Tsaguria was arrested for avoiding obligatory military service and was moved to Gali militia premises. 2 Mid March of 2006 Temur Tsaguria’s father Gurgen Tsaguria, was arrested. He was accused of robbery and liaison with Georgian partisans. Later G. Tsaguria was found hung in the cell. The family members are convinced that G. Tsaguria died as a result of torture. On December 28 at 9 a.m. a group of 100 law-enforcers entered villages of first and second Otobaia. They forced into the homes of the ethnic Georgians, beat them, confiscated their mobile phones, and destroyed the doors, windows and the furniture of the houses Supposedly they were trying to arrest suspicious persons. They arrested Jumber and Kakha Tsaragbaia and brought them out of their home without clothes, beat them and took them to the building of the local school where other arrested persons were kept. Other villages of Gali region have not been raided so far. Ethnic Discrimination Ethnic Georgian Svetlana Chaladze-Britanova, resident of Gudauta region and her family members were discriminated on ethnic grounds. As a result of the discrimination S. Chaladze- Britanova had to leave her home. She currently lives in Tbilisi with her children. December 7 morning, Abkhazians stopped 3 children on their way to school. They prohibited them to talk Georgian at gunpoint. The frightened children later were able to reach the school by taking the road around. Respect to Human Rights and Instances of Illegal Arrest. Illegal arrest, kidnapping and taking of hostages are frequent in Abkhazia. This makes the Georgian population of Abkhazia feel more insecure, causing further obstruction to the process of return of the displaced, which is a violation of the right of the voluntary return with guaranteed security and dignity. During the so called call up for obligatory military service there is an undue pressure on the Georgian population forcing young Georgian men “to do the military service voluntarily in Abkhazia”. The situation gets extremely aggravated when harvesting hazelnuts and citruses. Instances of insult, discrimination and human rights violations happen on daily basis on this territory; furthermore, Abkhazian “militia” regularly raids the villages. On July 8, unidentified people attacked the family of Gugava in village Shesheleti, Gali region and kidnapped 4 persons with the purpose of money extortion. After the involvement of the local “militia” and criminals the kidnapped persons were released in 4 days. On July 19, unidentified armed people robbed a transport bus in Gali region. Tagiloni Belkania a Resident of village was robbed. In the same village three masked armed men wounded 18 years old Romeo Shonia in the leg, a resident of village Akhali Abastumani, Zugdidi region. This issue was raised at Chuburkhinji four-sided meeting. Deputy Head of Gali militia O. Turanba arrested Badri Kobalia in the village of Lekhukona, Gali region. He was moved to the “security service of Gali regional department”. The reason for arresting Kobalia is not known. Juma Kutelia, head of “security service of Gali regional department” requested certain amount of money from Kobalia’s family in exchange to his freedom. Kobalia was released on August 3. As a result of the physical pressure his health condition deteriorated. 3 On July 26 a group of 10 militia representatives headed by Otar Turanba raided the village of Dikhazurga. As a result Paliko Gvalia and Omar Kharchilava were arrested. They were placed in the pre-trial detention isolator of Gali militia. They were released on August 27. In a separate incident Dzigua’s family was robbed in the same village on August 21. On August 30-31, representatives of the separatist ministry of internal affairs raided villages Tskhirshi, Rechkhi and lower Bargebi. Accusing of providing support to Georgian partisans they arrested the residents of village Tskhiri: Nodar Nakopia (65 years old), Merab Nakopia (40 years old), Koba Nakopia (28 years old), Geno Tsitava (50 years old), Goneli Rodonaia (65 years old) and Gela Shapanski (40 years old).