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

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Country/entity: Georgia
Russia
Ossetia
Region: 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 - )
The Abkhazia-Georgia Conflict (1992 - )
Much like other conflicts that sprung up in the wake of the collapse of the Soviet Union, the Abkhazia conflict emerged as an ethnic conflict following heighten nationalist awareness among Abkhaz and other minorities residing in the region. In 1978, protests against the Georgianization of Abkhazia emerged from Abkhaz intellectuals. Towards the end of the 1980s, both Georgian and Abkhaz nationalists demanded independence from the Soviet Union. Tensions began following clashes at Sukhumi University between pro-Unity protestors and Abkhaz nationalists in April-July 1989. However, the conflict remained a legal conflict up until August 1992 following the 1991 elections, wherein Abkhazians felt they were under-represented. War broke out between Abkhaz separatists, supported by Russian forces and hired fighters from the North Caucus. Within Abkhazia, Abkhaz separatists were generally supported by ethnically Armenian and Russian residents. Within Georgia the conflict was exacerbated following conflict in South Ossetia from 1989 onwards in addition to political strife between the supporters of the ousted president, Zviad Gamsakurdia, and the post-coup government led by Eduard Shevardnadze.

Significant human rights abuses occurred, particularly after the capture of Sukhumi in September 1993, after which Georgian residents, which consisted of 45 per cent of the population in 1989, were faced with mass expulsion and ethnic cleansing. Russian Peacekeepers acting under the umbrella of the Commonwealth of Independent States (CIS), were deployed on the Abkhazia-Georgia line following a ceasefire in 1994. Atrocities towards ethnic Georgian’s continued with over 1,500 deaths post-conflict. In 1998 fighting re-erupted following a flare up of fighting in South Ossetia. Again it was resolved with a ceasefire agreement. However, as of 2016 the conflict remains unresolved.

The Russio-Georgian War (South Ossetia) (1989 - )
Following heightened nationalist awareness among Ossetians and policies undertaken at the expense of ethnic minorities by the Georgian government led by President Gamsakurdia, calls for Ossetian Independence increased. After clashes broke out in Tskhinvali during a pro-Georgia protest, the conflict began to militarize. When President Gamsakurdia maintained his position after elections in 1990, which were boycotted by South Ossetia, Ossetians organised elections for their own parliament. The central Georgian government reacted by abolishing the autonomous status previously held by South Ossetia. The formation of ethnic militias and increased attacks on civilians escalated on both sides and in December 1990 a state of emergency and an economic blockade were declared. Fighting was haphazard as fighters on both sides were poorly equipped and disciplined. The Georgian National Guard was primarily formed of volunteers due to a lack of resources and as a result fighters often acted out of self-interest. Assaults on Tskhinvali by Georgian forces were repulsed on several occasions, and Georgian forces were also noted to expel Ossetian residents and destroy villages out of revenge and as a means to re-claim territory.

The Sochi agreement (1992) established a ceasefire and security corridor, as well as divided the territory between Georgian and Ossetian administration. Relations deteriorated drastically in April 2008, and following shelling of Georgian villages on August 1, the Georgian military responded in force retaking most of Tskhinvali by August 7. Russian forces intervened on behalf of Ossetian separatists and after retaking Tskihvali, opened another front in the Kordori Gorge. A ceasefire was brokered on August 12, and the Kremlin declared its recognition of the territories of South Ossetia and Abkhazia on August 26. Russian forces have since strengthened their military presence in those regions in violation of the ceasefire.
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.

Agreement document: GE_RU_001117_Protocol on the activities of the sides Law Enforcement in the zone of the Georgian-Ossetian conflict.pdf (opens in new tab) | Download PDF

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)