A/HRC/39/44 1. Truth and accountability Truth and accountability processes 48. During the reporting period, the International Criminal Court has continued to investigate alleged crimes committed in the context of an international armed conflict between 1 July and 10 October 2008 in and around South Ossetia, which include crimes against humanity and war crimes.25 49. On 23 May 2018, the Grand Chamber of the European Court of Human Rights held a hearing on application No. 38263/08 by the Government of Georgia concerning the armed conflict in August 2008 and its aftermath. In this case the Court is considering issues related to the right to life; torture and inhuman and degrading treatment; the rights to liberty and security; the right to respect for private and family life; the right to an effective remedy; protection of property; the right to education; and freedom of movement.26 Missing persons 50. The International Committee of the Red Cross (ICRC) has continued working under its coordination mechanisms established to clarify the fate of persons missing in relation to the armed conflicts of the 1990s and 2008 and their aftermaths. According to the information available as of 23 April 2018, more than 2,400 persons remained unaccounted for as a consequence of these conflicts. 27 51. In connection with the conflict in Abkhazia in the 1990s, ICRC reported on the gradual recovery and identification of human remains as well as their transfer to the families.28 Exhumations also took place in South Ossetia, but identification proved difficult. Discussions were held in February 2018 under the coordination mechanism on further necessary steps to clarify the fate and whereabouts of missing persons. 29 52. The subject of missing persons continued to be raised within the Geneva international discussions during the reporting period. The work of an expert commissioned by the Organization for Security and Cooperation in Europe to focus on missing persons from South Ossetia is reportedly continuing. 30 53. According to information received from the European External Action Service, the European Union Special Representative for the South Caucasus and the Crisis in Georgia encouraged the Government of Georgia to achieve progress in establishing a commission on missing persons. 2. Violations of the right to life 54. Although incidents of violations of the right to life have remained rare in the past few years, the death in custody of an ethnic Georgian, Archil Tatunashvili, in Tskhinvali, South Ossetia, following his alleged detention on 22 February 2018, and the subsequent handling of this incident are of great concern. The circumstances of the death of Mr. Tatunashvili remain unclear, with conflicting information received from various sources. While the authorities in control in South Ossetia reportedly made statements about heart failure being the reason for Mr. Tatunashvili’s death, the Government of Georgia indicated that torture was the cause. According to available information, investigation and judicial proceedings by Georgian authorities on this case were ongoing as of May 2018. 25 26 27 28 29 30 10 See www.icc-cpi.int/Georgia. See www.communications-unlimited.nl/wp-content/uploads/2018/05/Grand-Chamber-hearingGeorgia-v.-Russia-II-1.pdf. See www.icrc.org/en/document/remains-another-22-persons-missing-1992-93-armed-conflictabkhazia-identified. See ICRC, press releases, 23 April 2018, 16 October 2017 and 9 November 2017. See www.icrc.org/en/document/georgia-south-ossetia-meeting-find-those-missing-connectionconflicts-1990s-and-august-0. See, inter alia, A/72/847, para. 11.