Protocol on Interaction of Law-Enforcement Bodies in the Zone of the Georgian-Ossetian Conflict
- Country/entityGeorgia
Russia
Ossetia - RegionEurope and Eurasia
Europe and Eurasia
Europe and Eurasia - Agreement nameProtocol on Interaction of Law-Enforcement Bodies in the Zone of the Georgian-Ossetian Conflict
- Date26 Sep 1997
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageFramework/substantive - partial
- Conflict natureGovernment/territory
- Peace processSouth Ossetia peace process
- PartiesFor the Russian side (signed)
For the Georgian side (signed)
For the North-Ossetian side (signed)
For the South-Ossetian side (signed) - Third parties-
- DescriptionAgreement provides framework for cooperation between the two sides in the Ossetia conflict, including responsibilities and areas of focus. Agreement also provides for the withdrawal of the JPKF observation posts and hand over to local law enforcement entities.
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 measuresRights related issues→Protection measures→OtherPage 1, The sides agreed to:
1. provide for efficient legal and personal protection from criminals for all people living or passing across the conflict zone; improve coordination between law-enforcement bodies for establishing order in the Georgian-Ossetian conflict area; exchange information about plotted or committed crimes with further arrest of the criminals; conduct coordinated measures for arresting organized criminal groups. - 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 lawJustice sector reform→Criminal justice and emergency law→Delimitation of powers in Criminal Justice SystemPage 1, The sides agreed to:
... 4. Showing their good will, both sides to always consider and agree at an adequate level the issue of transferring perpetrators of minor criminal offenses, together with their investigatory information, for being prosecuted by the other side; exclude the practice of illegal discharge of the transferred criminal offenders by the sides, thus ruling out possible mutual distrust of the law- enforcement bodies; create an integrated database of so-called ‘criminal underworld leaders’. - 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 GuaranteesPage 2, The sides agreed to:
... 10. Motorcades of border guards of the Russian Federation and the Group of Russian Troops in the Transcaucasus moving on the Gori-Alagir road, to be checked and convoyed by joint Georgian and Russian military road police before they enter the conflict zone; and to be convoiyed by JPKF representatives across the conflict zone along the Gori-karaleti-Ergneti-Tskhinvali route. - Ceasefire
No specific mention.
- PolicePage 1, Untitled Preamble, ... Efforts have continued to establish interaction between law-enforcement agencies of the sides that together with the Command of the Joint Peacekeeping Forces implement practical measures for normalizing the situation in the conflict zone. The Working Group meeting on February 4 1997 recognized the need for staged transfer of JPKF functions to law-enforcement bodies of the sides, under Articles 4 and 5 of the Memorandum On Measures for Building and Strengthening Mutual Confidence between the Sides in the Georgian-Ossetian Conflict, signed in Moscow on May 16 1996, Statement on the meeting between E.A. Shevardnadze and L.A. Chibirov in Vladikavkaz on August 27 1996, and paragraph 4 of JCC Decision of February 13 1997.
Page 1, The sides agreed to:
1. provide for efficient legal and personal protection from criminals for all people living or passing across the conflict zone; improve coordination between law-enforcement bodies for establishing order in the Georgian-Ossetian conflict area; exchange information about plotted or committed crimes with further arrest of the criminals; conduct coordinated measures for arresting organized criminal groups.
Page 1, The sides agreed to:
... 4. Showing their good will, both sides to always consider and agree at an adequate level the issue of transferring perpetrators of minor criminal offenses, together with their investigatory information, for being prosecuted by the other side; exclude the practice of illegal discharge of the transferred criminal offenders by the sides, thus ruling out possible mutual distrust of the law- enforcement bodies; create an integrated database of so-called ‘criminal underworld leaders’.
Page 1, The sides agreed to:
... 6. Consider transferring personal and retirement histories of police officers, also their arms and vehicles to stakeholder sides;
Page 2, The sides agreed to:
... 7. Provide for the Road Police and other services in the Georgian-Ossetian conflict zone to work in close cooperation with the JPKF Command; agree locations of the Road Police posts in the conflict zone with the JPKF Command.
Page 2, The sides agreed to:
... 8. at least once in a month hold regular consultations of heads of law-enforcement agencies for addressing issues that pertain to implementation of provisions of this Resolution.
Page 2, The sides agreed to:
... 9. Before 15 October 1997, remove three-sided JPKF observation posts, namely the posts of Ergneti, Tamarasheni, and Kekhvi. Order maintenance function on this section shall be transferred to the police of the sides in conflict. The JPKF Commander shall make a decision as to how the free three-sided observers can be used, to be then approved by the JCC. Law-enforcement bodies of the sides in conflict shall be made responsible for prohibiting transportation of arms and ammunition, explosives and toxic substances on the Kekhvi-Tskhinvali-Ergneti section.
Page 2, The sides agreed to:
... 11. Systematically exchange information about illegally stored firearms; take measures for seizing such arms and ammunition.
Page 2, The sides agreed to:
... 13. This Resolution shall be used as a basis for interaction between law-enforcement bodies of the sides; it shall enter into force on the date of its approval by the JCC and shall be effective till the time of final political statement of the Georgian-Ossetian conflict. - Armed forces
No specific mention.
- DDR
No specific mention.
- 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 crimePage 1, The sides agreed to:
1. provide for efficient legal and personal protection from criminals for all people living or passing across the conflict zone; improve coordination between law-enforcement bodies for establishing order in the Georgian-Ossetian conflict area; exchange information about plotted or committed crimes with further arrest of the criminals; conduct coordinated measures for arresting organized criminal groups.
Page 1, The sides agreed to:
... 2. Participate in the development and implementation of target programs to combat crime, drug trafficking, money counterfeiting and other kinds of crime; have permanent stable contacts with operative duty officers of the sides for timely exchanging information and taking necessary measures. \
Page 1, The sides agreed to:
... 5. Take joint efforts to block all ways and opportunities for selling stolen cars; the sides to commit to provide comprehensive and effective support to each other for stolen property detection and return.
Page 2, The sides agreed to:
... 11. Systematically exchange information about illegally stored firearms; take measures for seizing such arms and ammunition.
Page 2, The sides agreed to:
... 12. Effectively strengthen measures against drug use and drug trafficking; set up special investigation groups to work in close contact for collecting and registering information about drug dealers and drug users, also for blocking all drug import and distribution channels. For this purpose, the sides shall provide assistance for detecting drugs and vehicles. - DrugsPage 1, The sides agreed to:
1. provide for efficient legal and personal protection from criminals for all people living or passing across the conflict zone; improve coordination between law-enforcement bodies for establishing order in the Georgian-Ossetian conflict area; exchange information about plotted or committed crimes with further arrest of the criminals; conduct coordinated measures for arresting organized criminal groups.
Page 1, The sides agreed to:
... 2. Participate in the development and implementation of target programs to combat crime, drug trafficking, money counterfeiting and other kinds of crime; have permanent stable contacts with operative duty officers of the sides for timely exchanging information and taking necessary measures. \
Page 1, The sides agreed to:
... 5. Take joint efforts to block all ways and opportunities for selling stolen cars; the sides to commit to provide comprehensive and effective support to each other for stolen property detection and return.
Page 2, The sides agreed to:
... 11. Systematically exchange information about illegally stored firearms; take measures for seizing such arms and ammunition.
Page 2, The sides agreed to:
... 12. Effectively strengthen measures against drug use and drug trafficking; set up special investigation groups to work in close contact for collecting and registering information about drug dealers and drug users, also for blocking all drug import and distribution channels. For this purpose, the sides shall provide assistance for detecting drugs and vehicles. - Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- CourtsTransitional justice→Courts→National courtsPage 1, The sides agreed to:
... 3. Coordinate investigation and search operations and other necessary actions for investigating crimes committed in the Georgian-Ossetian conflict zone, including those committed in previous years, and for instituting criminal proceedings against all perpetrators, also for taking action to detect and detain them. - Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- 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/similarPage 1, Untitled Preamble, ... Efforts have continued to establish interaction between law-enforcement agencies of the sides that together with the Command of the Joint Peacekeeping Forces implement practical measures for normalizing the situation in the conflict zone. The Working Group meeting on February 4 1997 recognized the need for staged transfer of JPKF functions to law-enforcement bodies of the sides, under Articles 4 and 5 of the Memorandum On Measures for Building and Strengthening Mutual Confidence between the Sides in the Georgian-Ossetian Conflict, signed in Moscow on May 16 1996, Statement on the meeting between E.A. Shevardnadze and L.A. Chibirov in Vladikavkaz on August 27 1996, and paragraph 4 of JCC Decision of February 13 1997.
Page 2, The sides agreed to:
... 7. Provide for the Road Police and other services in the Georgian-Ossetian conflict zone to work in close cooperation with the JPKF Command; agree locations of the Road Police posts in the conflict zone with the JPKF Command.
Page 2, The sides agreed to:
... 9. Before 15 October 1997, remove three-sided JPKF observation posts, namely the posts of Ergneti, Tamarasheni, and Kekhvi. Order maintenance function on this section shall be transferred to the police of the sides in conflict. The JPKF Commander shall make a decision as to how the free three-sided observers can be used, to be then approved by the JCC. Law-enforcement bodies of the sides in conflict shall be made responsible for prohibiting transportation of arms and ammunition, explosives and toxic substances on the Kekhvi-Tskhinvali-Ergneti section.
Page 2, The sides agreed to:
... 10. Motorcades of border guards of the Russian Federation and the Group of Russian Troops in the Transcaucasus moving on the Gori-Alagir road, to be checked and convoyed by joint Georgian and Russian military road police before they enter the conflict zone; and to be convoiyed by JPKF representatives across the conflict zone along the Gori-karaleti-Ergneti-Tskhinvali route. - Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- SourceArchive of the Georgian Ministry of Foreign Affairs; http://www.rrc.ge/law/protLw_1997_%2026_09_E.htm
PROTOCOL ON INTERACTION OF LAW-ENFORCEMENT BODIES IN THE ZONE OF THE GEORGIAN-OSSETIAN CONFLICT
Settlement of Java, South Ossetia, 26 September 1997
Current situation in the conflict zone tends to further stabilization.
Crimes and incidents that
have occurred this year have been mainly of political rather than criminal nature.
Efforts have continued to establish interaction between law-enforcement agencies of the sides that together with the Command of the Joint Peacekeeping Forces implement practical measures for normalizing the situation in the conflict zone.
The Working Group meeting on February 4 1997 recognized the need for staged transfer of JPKF functions to law-enforcement bodies of the sides, under Articles 4 and 5 of the Memorandum On Measures for Building and Strengthening Mutual Confidence between the Sides in the Georgian-Ossetian Conflict, signed in Moscow on May 16 1996, Statement on the meeting between E.A. Shevardnadze and L.A. Chibirov in Vladikavkaz on August 27 1996, and paragraph 4 of JCC Decision of February 13 1997.
The sides agreed to:
1. provide for efficient legal and personal protection from criminals for all people living or passing across the conflict zone;
improve coordination between law-enforcement bodies for establishing order in the Georgian-Ossetian conflict area;
exchange information about plotted or committed crimes with further arrest of the criminals;
conduct coordinated measures for arresting organized criminal groups.
2. Participate in the development and implementation of target programs to combat crime, drug trafficking, money counterfeiting and other kinds of crime;
have permanent stable contacts with operative duty officers of the sides for timely exchanging information and taking necessary measures.
3. Coordinate investigation and search operations and other necessary actions for investigating crimes committed in the Georgian-Ossetian conflict zone, including those committed in previous years, and for instituting criminal proceedings against all perpetrators, also for taking action to detect and detain them.
4. Showing their good will, both sides to always consider and agree at an adequate level the issue of transferring perpetrators of minor criminal offenses, together with their investigatory information, for being prosecuted by the other side;
exclude the practice of illegal discharge of the transferred criminal offenders by the sides, thus ruling out possible mutual distrust of the law- enforcement bodies;
create an integrated database of so-called ‘criminal underworld leaders’.
5. Take joint efforts to block all ways and opportunities for selling stolen cars;
the sides to commit to provide comprehensive and effective support to each other for stolen property detection and return.
6. Consider transferring personal and retirement histories of police officers, also their arms and vehicles to stakeholder sides;
7. Provide for the Road Police and other services in the Georgian-Ossetian conflict zone to work in close cooperation with the JPKF Command;
agree locations of the Road Police posts in the conflict zone with the JPKF Command.
8. at least once in a month hold regular consultations of heads of law-enforcement agencies for addressing issues that pertain to implementation of provisions of this Resolution.
9. Before 15 October 1997, remove three-sided JPKF observation posts, namely the posts of Ergneti, Tamarasheni, and Kekhvi.
Order maintenance function on this section shall be transferred to the police of the sides in conflict.
The JPKF Commander shall make a decision as to how the free three-sided observers can be used, to be then approved by the JCC.
Law-enforcement bodies of the sides in conflict shall be made responsible for prohibiting transportation of arms and ammunition, explosives and toxic substances on the Kekhvi-Tskhinvali-Ergneti section.
10. Motorcades of border guards of the Russian Federation and the Group of Russian Troops in the Transcaucasus moving on the Gori-Alagir road, to be checked and convoyed by joint Georgian and Russian military road police before they enter the conflict zone;
and to be convoiyed by JPKF representatives across the conflict zone along the Gori-karaleti-Ergneti-Tskhinvali route.
11. Systematically exchange information about illegally stored firearms;
take measures for seizing such arms and ammunition.
12. Effectively strengthen measures against drug use and drug trafficking;
set up special investigation groups to work in close contact for collecting and registering information about drug dealers and drug users, also for blocking all drug import and distribution channels.
For this purpose, the sides shall provide assistance for detecting drugs and vehicles.
13. This Resolution shall be used as a basis for interaction between law-enforcement bodies of the sides;
it shall enter into force on the date of its approval by the JCC and shall be effective till the time of final political statement of the Georgian-Ossetian conflict.
For the Russian side (signed)
For the Georgian side (signed)
For the North-Ossetian side (signed) For the South-Ossetian side (signed)