Protocol ‘On the activities of the sides’ Law Enforcement Bodies against Criminality in the Zone of the Georgian-Ossetian Conflict

  • Country/entity
    Georgia
    Russia
    Ossetia
  • Region
    Europe and Eurasia
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name
    Protocol ‘On the activities of the sides’ Law Enforcement Bodies against Criminality in the Zone of the Georgian-Ossetian Conflict
  • Date
    17 Nov 2000
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Georgian Separatist Conflicts (1989 - ) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government/territory
  • Peace process
    South Ossetia peace process
  • Parties
    Georgian side (signed)
    South Ossetian side (signed)
  • Third parties
    The JPKF commander (signed)
    The OSCE (signed)
  • Description
    Agreement in response to increase in crime in the Liakhvi gorge.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law
    Justice sector reform→Criminal justice and emergency law→Delimitation of powers in Criminal Justice System
    Page 1, ... 4. Upon the sentence coming into force, the criminal serves the sentence at the place of the crime committed.
  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire

    No specific mention.

  • Police
    Page 1, ... 5. In accordance with the 16 May 1996 Memorandum “on ensuring security and confidence building measures between the sides to the Georgian-Ossetian conflict” since 17 November 2000 and on, none of the sides will establish additional Law Enforcement units.
  • Armed forces

    No specific mention.

  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 1, ... 7. Weapons, ammunition and explosives handed over voluntary by citizens are to be destroyed in accordance with the fixed order. The JPKF are responsible for the weapons’ annihilation.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism
    Page 1, 1.To establish Joint Search Group (detective) by 21 November 2000 consisting of six persons (three from each side) on investigating crimes committed in Liakhvi gorge. The first working group is to be held on 22 November 2000 at 10.00 a. m. Moscow time at the JPKF HQ.

    Page 1, ... 2. When grave crimes are committed in the zone of the Georgian-Ossetian conflict, the Joint Search Group detains and submits the suspect for interrogation to the Investigation Bodies at the place of the crime committed.
    [Note: The South Ossetian representatives did not agree with point 2.
    Page 2, Amendment suggested by the South Ossetian Law Enforcement Bodies: “When grave crimes are committed in the zone of the Georgian-Ossetian conflict, the joint search Group detains and submits the suspect for interrogation to the investigation Bodies at the place of residence”. ]

    Page 1, ... 3. Upon the fulfillment of the search activities, the above mentioned Group submits all data to the Investigation Bodies at the place of the crime committed.

    Page 1, ... 6. On 17 November all territorial interior bodies should be tasked to renew and conduct additional search measures in order to disclose the crimes committed in the past; to react rapidly to citizen’s claims and inform weekly on the work done at the Thursday Law Enforcement meeting.
  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons
    Page 1, 1.To establish Joint Search Group (detective) by 21 November 2000 consisting of six persons (three from each side) on investigating crimes committed in Liakhvi gorge. The first working group is to be held on 22 November 2000 at 10.00 a. m. Moscow time at the JPKF HQ.

    Page 1, ... 2. When grave crimes are committed in the zone of the Georgian-Ossetian conflict, the Joint Search Group detains and submits the suspect for interrogation to the Investigation Bodies at the place of the crime committed.
    [Note: The South Ossetian representatives did not agree with point 2.
    Page 2, Amendment suggested by the South Ossetian Law Enforcement Bodies: “When grave crimes are committed in the zone of the Georgian-Ossetian conflict, the joint search Group detains and submits the suspect for interrogation to the investigation Bodies at the place of residence”. ]

    Page 1, ... 3. Upon the fulfillment of the search activities, the above mentioned Group submits all data to the Investigation Bodies at the place of the crime committed.

    Page 1, ... 5. In accordance with the 16 May 1996 Memorandum “on ensuring security and confidence building measures between the sides to the Georgian-Ossetian conflict” since 17 November 2000 and on, none of the sides will establish additional Law Enforcement units.
  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    Georgian Ministry of Foreign Affairs; http://www.rrc.ge/law/oqmi_2000_17_11_E.htm

PROTOCOL ‘On the activities of the sides’ Law Enforcement Bodies against criminality in the zone of the Georgian-Ossetian conflict

17 November 2000, Gori

The situation in the zone of conflict is on the whole stable and controllable.

However, grave crimes committed lately by criminal groups create prerequisites for destabilization of the situation and give rise to a perception that the committed crimes are left unpunished.

The representatives of Law Enforcement Bodies of Georgian and South Ossetian sides with the participation of the JPKF commandment and the OSCE, held a working meeting on coordination of the law enforcement activities, and confirming the legitimate nature of the agreements achieved before, are convinced in the necessity to put an end to criminal groups, and declaring their readiness for further mutual cooperation, the sides agreed:

1.To establish Joint Search Group (detective) by 21 November 2000 consisting of six persons(three from each side) on investigating crimes committed in Liakhvi gorge.

The first working group is to be held on 22 November 2000 at 10.00 a. m. Moscow time at the JPKF HQ.

2.When grave crimes are committed in the zone of the Georgian-Ossetian conflict, the JointSearch Group detains and submits the suspect for interrogation to the Investigation Bodies at the place of the crime committed.

3.Upon the fulfillment of the search activities, the above mentioned Group submits all datato the Investigation Bodies at the place of the crime committed.

4.Upon the sentence coming into force, the criminal serves the sentence at the place of thecrime committed.

5.In accordance with the 16 May 1996 Memorandum “on ensuring security and confidencebuilding measures between the sides to the Georgian-Ossetian conflict” since 17 November 2000 and on, none of the sides will establish additional Law Enforcement units.

6.On 17 November all territorial interior bodies should be tasked to renew and conductadditional search measures in order to disclose the crimes committed in the past;

to react rapidly to citizen’s claims and inform weekly on the work done at the Thursday Law Enforcement meeting.

7.Weapons, ammunition and explosives handed over voluntary by citizens are to bedestroyed in accordance with the fixed order.

The JPKF are responsible for the weapons’ annihilation.

8.This agreement is an addendum to the 26 September 1996 Protocol and is valid until thefull-scale settlement of the Georgian-Ossetian conflict is achieved.

Note:

The South Ossetian representatives did not agree with point 2.

Amendment suggested by the South Ossetian Low Enforcement Bodies:

“When grave crimes are committed in the zone of the Georgian-Ossetian conflict, the joint search Group detains and submits the suspect for interrogation to the investigation Bodies at the place of residence”.

Georgian side (signed)

South Ossetian side (signed)

The JPKF commander (signed)

The OSCE (signed)