A/HRC/36/65
47.
It is of great concern that an investigation into the killing of an ethnic Georgian
civilian man at the Abkhaz Administrative Boundary Line, Khurcha crossing point, on 19
May 2016, has been suspended.21 According to the information received, the authorities in
control in Abkhazia have dropped charges against the alleged perpetrator. In its submission
to OHCHR, the Office of the Public Defender observed that this killing, as well as the
disappearance of an individual from the village of Kordi, Gori municipality, on 26 May
2016, demonstrate the vulnerability of the communities living along the Administrative
Boundary Line.
3.
Missing persons
48.
The issue of missing persons entails the right of family members to know the fate of
missing relatives, including their whereabouts, or, if dead, the circumstances and cause of
their death. It also carries the obligation to conduct effective investigations into the
circumstances surrounding an enforced disappearance. Ensuring accountability is critical,
both as a preventive measure and as a measure of redress.
49.
According to the International Committee of the Red Cross, 22 over 2,300 persons
remain unaccounted for in connection with the conflicts of the 1990s, and 42 as a result of
the 2008 conflict.23
50.
The International Committee of the Red Cross continues to work on the issue of
missing persons, having established two coordination mechanisms in 2010 to clarify the
fate of persons missing in relation to the armed conflicts of the 1990s and August 2008 and
their aftermath.24 From 2010 to 2016, 249 sets of human remains were thus recovered.25
4.
Freedom of movement
51.
Freedom of movement is enshrined in article 13 of the Universal Declaration of
Human Rights. Restrictions on freedom of movement, including for reasons of security,
must be strictly necessary for that purpose, proportionate and non-discriminatory. Freedom
of movement is also a prerequisite for the enjoyment of civil, cultural, economic, political
and social rights. The exercise of some rights, such as the rights to work, health and
education, depends to a large extent on the ability to move freely and to choose one’s
residence. Thus, restrictions on freedom of movement can lead to severe limitations on
various other human rights.
5.
Crossing points
52.
The closure of two crossing points along the Abkhaz Administrative Boundary Line
(i.e. Otobaia-Orsantia and Nabakevi-Khurcha), on 6 March 2017, undermines efforts to
uphold freedom of movement as a human right and an important confidence-building
measure.
53.
On 26 January 2017, in reaction to the announcement of the upcoming closure of
these crossing points, the United Nations country team in Georgia underlined that the
population affected would find it more difficult to access basic services, such as health care
and education, and to participate in economic activities and family and social events across
21
22
23
24
25
10
The victim was shot by an armed man who had arrived from Abkhazia and who retreated to that
territory after perpetrating the killing.
International Committee of the Red Cross (ICRC) press release, 3 March 2017, available from
https://www.icrc.org/en/document/georgia-abkhazia-more-work-being-done-solve-cases-missingpeople.
ICRC press release, 16 December 2016, available from
https://www.icrc.org/en/document/georgiasouth-ossetia-tenth-meeting-held-seek-ways-forward-issuemissing-persons-conflicts.
ICRC press release, 26 April 2016, available from https://www.icrc.org/en/document/georgiamissing-persons-clarifying-the-fate.
ICRC press release, 4 May 2017, available from https://www.icrc.org/en/document/georgia-abkhaziasouth-ossetia-more-30-gravesites-be-excavated-search-missing-people.
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