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Protocol on Interaction of Law-Enforcement Bodies 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 Interaction of Law-Enforcement Bodies in the Zone of the Georgian-Ossetian Conflict
  • Date

    26 Sep 1997
  • 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

    For the Russian side (signed)
    
For the Georgian side (signed)

    For the North-Ossetian side (signed)
    For the South-Ossetian side (signed)
  • Third parties

    -
  • Description

    Agreement 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 measures
    Rights related issues→Protection measures→Other
    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.
  • 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, 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 Guarantees
    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.
  • Ceasefire

    No specific mention.

  • Police
    Page 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 crime
    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:
    ... 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.
  • Drugs
    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:
    ... 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.

  • Courts
    Transitional justice→Courts→National courts
    Page 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/similar
    Page 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.

  • Source
    Archive 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)