A/HRC/39/44 55. The lack of progress in investigating and/or ensuring justice in two other incidents of alleged unlawful death or killing in past years continues to raise major concern. The alleged perpetrator of the killing of an ethnic Georgian, Giga Otkhozoria, at the Abkhaz Administrative Boundary Line in 2016 remains at large. According to the Public Defender of Georgia, there has also been no progress in ensuring justice in the case of the disappearance and death in 2014 of David Basharuli, a resident of Akhalgori, South Ossetia. These incidents contribute to a climate of impunity in both areas. 3. Restrictions on freedom of movement 56. Various reports indicated that restrictions on freedom of movement, mainly around the Administrative Boundary Lines, remained of particular concern in both Abkhazia and South Ossetia and adjacent areas. In their report on human rights in Abkhazia, Mr. Hammarberg and Ms. Grono referred to the situation related to freedom of movement as “an acute issue”.31 In addition to constituting a human right per se, freedom of movement is a condition necessary for the exercise of other rights and an important confidence-building measure. Immediate attention to ensuring its respect in accordance with international human rights norms and standards is essential. 57. According to information received by OHCHR, the process of so-called “borderization” has continued in both Abkhazia and South Ossetia, resulting in further limitations to freedom of movement and severely affecting local livelihoods. Installation of razor and barbed wire fences, trenches, “border signs” and other barriers across the Administrative Boundary Lines, compounded by the deployment of surveillance equipment, has continued. According to the submission of the Government of Georgia, the process in both regions has led to approximately 25 villages being cut off, 800 families losing access to agricultural lands and water supplies and 20 families being directly affected by barbed wire installed through their property. 58. The situation of the local population is reportedly rendered more vulnerable by the very limited availability of open and functioning crossing points across the Administrative Boundary Lines. In Abkhazia, only two crossing points ⸻ out of a total of six ⸻ remained functional at the time of the finalization of the present report. According to various sources, while the total number of persons crossing the Administrative Boundary Line has not decreased since the closure of former crossing points, their closure has affected the movement of the population residing in lower Gali District. 59. According to information from the Government of Georgia, only two crossing points are operating across the Administrative Boundary Line with South Ossetia and they are reportedly closed periodically for various reasons. The establishment of a “customs post” at the Mosabruni/Odzisi crossing point is reported, inter alia, to have added a layer of difficulty to the crossing process. 32 60. The authorities in control in Abkhazia and South Ossetia are reported to have continued the practice of deprivation of liberty and/or levying of heavy fines in connection with crossing the Administrative Boundary Lines, notably at what they consider “unauthorized crossing points”. The deprivation of liberty is usually of short duration, although cases of long-term duration in Abkhazia also occur in this context (see sect. D.4 below). 61. OHCHR has continued to receive information on the implications of various regulations, regimes and practices applied by the authorities in control in Abkhazia and South Ossetia with regard to the possession of personal documents. These include the socalled “Law on Procedures of Exit from the Republic of Abkhazia and the Entry into the Republic of Abkhazia” and the so-called “Law on the Legal Status of Foreigners in Abkhazia”, providing, inter alia, for the introduction of a “foreign residence permit” meant to regulate the stay of ethnic Georgians in Abkhazia, particularly in Gali, Tkvarcheli and 31 32 Hammarberg and Grono, p. 10. See, inter alia, A/72/847, para. 19; and SG/Inf(2018)15, para. 53. 11

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