A/HRC/42/34
documents. The international human rights framework outlined in the first report of the
High Commissioner on cooperation with Georgia remains valid. 29
43.
More than ten years after the conflict related to South Ossetia, the absence of a
political and legal solution continues to affect the local population and their human rights in
and around Abkhazia and South Ossetia. According to several sources, the human rights
situation in both regions has deteriorated during the reporting period, particularly due to
growing restrictions on freedom of movement. 30 According to the submissions by the
Government of Georgia and one non-governmental organization, ethnic Georgians continue
to face various forms of discrimination in both Abkhazia and South Ossetia. OHCHR
reiterates that, irrespective of questions related to the status of territories and entities, the
authorities in control in Abkhazia and South Ossetia are responsible for upholding the
fundamental freedoms and human rights of all people living under their control and for
addressing any conduct that affects their human rights.
44.
Information available to OHCHR indicates the continuing existence of local
mechanisms of relevance for human rights protection in Abkhazia and South Ossetia.
OHCHR encourages them to be proactive in the promotion and protection of human rights
in and around both regions.
45.
Given the fact that international human rights mechanisms lack access to provide a
comprehensive account of the human rights situation, the report of Thomas Hammarberg
and Magdalena Grono on human rights in Abkhazia, published in July 2017, 31 remains an
important reference with regard to human rights issues related to Abkhazia. 32 OHCHR
encourages follow-up to their recommendations, and reiterates its availability to provide
support in this process.
46.
OHCHR also reiterates that a comparable independent baseline study on human
rights concerning South Ossetia is needed.
1.
Violations of the right to life
47.
The death of one individual in custody during the reporting period is of serious
concern. The case concerned an ethnic Georgian, Irakli Kvaratskhelia, who died in March
2019, while reportedly in detention in a facility of the Russian border guards in connection
with his attempt to cross the Administrative Boundary Line with Abkhazia. The
circumstances of his death remain unclear, with the authorities in control in Abkhazia
claiming that he committed suicide. The body of the deceased was handed over to the
Georgian authorities on 13 March 2019, and the forensic examination and investigation
were ongoing as of May 2019. The authorities of the Russian Federation reportedly
completed an investigation into the case as well.
48.
Concerning the death of another ethnic Georgian, Archil Tatunashvili, in South
Ossetia, in February 2018, the Government of Georgia informed OHCHR of the
conclusions of the examination made by its Forensic Bureau, which had found signs of
torture. It also reported that charges had been brought against the perpetrators identified by
the Georgian authorities. During the reporting period, justice has not been delivered in the
case, nor in the alleged unlawful death or killing of Giga Otkhozoria and David Basharuli. 33
49.
The above-mentioned incidents and the lack of accountability therefor continued to
contribute to impunity in both Abkhazia and South Ossetia. OHCHR calls on all relevant
parties to exert their utmost efforts to clarify the facts in these deaths and to prevent any
further arbitrary loss of life in and around both regions.
50.
OHCHR received information that the death penalty had been introduced in
Abkhazia in April 2019 for drug-related crimes and would be applicable starting in 2020.
29
30
31
32
33
10
A/HRC/36/65, in particular paras. 46, 48, 51, 61, 66–67, 71–72 and 80.
Submission of the Government of Georgia; and Council of Europe, SG/Inf(2019)12, paras. 16 and 34.
Human Rights in Abkhazia Today (Stockholm, Olof Palme International Center, July 2017).
See also A/HRC/39/44, in particular paras. 37, 45–46, 56, 70, 73, 77, 82 and 86.
Ibid., paras. 54–55.
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