A/HRC/39/44
Ochamchira. The authorities in control in South Ossetia reportedly introduced similar
procedures related to entry and exit.33
62.
Although the “foreign residence permits” were reportedly being issued to some
extent in Gali and adjacent areas during the period under review, the vast majority of the
population is reportedly reluctant to apply for such “permits”, for various reasons. In order
to obtain one, the applicant reportedly has to accept the status of foreigner, which results in
a situation where a part of the local population in Abkhazia is compelled to declare itself as
“foreign” and to register as such despite the fact that they have resided in Abkhazia for
many generations. The European External Action Service in its submission underlined that,
above all, ethnic Georgians in Gali did not want to be considered as foreigners in their
homeland. The strict eligibility requirements and the uncertainty over the possibility to
enjoy political and property rights under these documents have also been reported as
concerns by various sources, including in submissions to OHCHR.
63.
According to various sources, in this context a significant number of the residents in
Gali, Tkvarcheli and Ochamchira, and their children, do not possess necessary identity
documents, which further affects their ability to cross the Administrative Boundary Line or
access services in Abkhazia. Due to the above-mentioned reluctance as well as the
reportedly slow process of issuance of the “foreign residence permit”, the authorities in
control in Abkhazia continued to extend the validity of the “No. 9 forms”, temporary
documents that allow residents to cross the Administrative Boundary Line. According to
the submission of the European External Action Service, the authorities in control in
Abkhazia have indicated that they are reviewing the so-called “Law on the Legal Status of
Foreigners in Abkhazia” and the provisions on the “foreign residence permit”.
64.
The Government of Georgia continues to consider the above-mentioned documents
issued by the authorities in control in Abkhazia and South Ossetia as null and void.
65.
The measures related to the so-called “borderization”, the limited availability of
functioning crossing points and the lack of clarity over necessary identity documents have
continued to exacerbate the isolation and vulnerability of the local population. The rights to
education, health and property are particularly affected by these measures, as elaborated
below.
66.
In November 2017, the Public Defender of Georgia published a special report on the
impact of the closure of crossing points on the rights of the population living along
Abkhazia’s Administrative Boundary Line, which provides further details on the situation. 34
4.
Deprivation of liberty and allegations of ill-treatment
67.
OHCHR has continued to receive reports of cases of deprivation of liberty in
connection with the crossing of the Administrative Boundary Lines, notably at what the
authorities in control consider “unauthorized crossing points”. Many of the persons
apprehended or detained in such cases are requested to pay considerable fines. In its
submission to OHCHR, the Government of Georgia reported that between May 2017 and
May 2018, it had registered 115 persons detained in South Ossetia and 47 in Abkhazia for
so-called “illegal border crossing”.
68.
The Public Defender of Georgia has qualified “infringement of freedom of
movement and illegal detentions by the Russian Border Guards along the Administrative
Boundary Lines” as “one of the key security challenges facing local communities on both
sides” of the Administrative Boundary Lines. Her Office reported that in 2017, 514
residents had been detained along the South Ossetian Administrative Boundary Line and
1,000 along the Abkhazian Administrative Boundary Line.
33
34
12
See A/72/847, para. 29.
Available at www.ombudsman.ge/en/reports/specialuri-angarishebi/special-report-of-the-publicdefender-of-georgia-on-the-impacts-of-the-closure-of-crossing-points-on-the-rights-of-thepopulation-living-along-abkhazias-administrative-boundary-line.page.
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