A/HRC/45/54
South Ossetia. 35 This contributes to a climate of impunity, which could lead to further
tensions and violence. OHCHR calls upon all relevant actors to ensure independent,
impartial and thorough investigations into these cases to deliver justice, and to take all
measures necessary to prevent the occurrence of similar incidents.
45.
Information available to OHCHR indicates that the death penalty introduced in
Abkhazia in April 2019 for drug-related offences became applicable in March 2020. This
runs counter to the growing trend towards the progressive abolition of the death penalty
worldwide, and to international human rights law which specifies inter alia that in situations
where the death penalty has not been abolished, it can only be imposed for the “most
serious crimes”, namely crimes of extreme gravity involving intentional killing,36 and under
specific safeguards.
2.
Right to freedom of movement
46.
During the reporting period, unnecessary and disproportionate restrictions on
freedom of movement remained of primary concern in both Abkhazia and South Ossetia
and adjacent areas, in particular along the Administrative Boundary Lines. Such restrictions
have negative consequences on various human rights, including the rights to health, family
life, education, property, an adequate standard of living and non-discrimination, affecting
the overall well-being of the communities concerned. Restrictions on freedom of movement
also impede humanitarian assistance and development, and undermine confidence-building.
47.
Over the past year, a continued process of the so-called “borderization” was
enforced periodically along the Administrative Boundary Lines concerning Abkhazia and
South Ossetia, including during the COVID-19 crisis. It involved, among other measures,
the installation of barbed wire fences, “border signs” and trenches, combined with
surveillance and strict controls. According to the Government of Georgia, since July 2019,
this process has affected around 50 villages in and around the two regions, which has
exacerbated tensions and worsened the already poor socioeconomic conditions of the
hundreds of households in the villages concerned. Indeed, due to this process, many have
been unable to access their main sources of livelihood, including their agricultural lands,
water supplies and markets. In addition to mobility restrictions, “borderization” has also
affected the rights to family life, culture and freedom of religion, prohibiting people from
crossing the Administrative Boundary Lines to visit relatives, religious sites or graveyards.
Various submissions to OHCHR showed that the entire village of Gugutiantkari had been
affected by “borderization” activities in August 2019, notably compelling two families
residing in that village to abandon their houses, and forcing them into displacement as
barriers were being placed that cut through their properties. The two families were
reportedly given three days to move to Tbilisi-controlled territory.
48.
The frequent and prolonged closure of crossing points in Abkhazia and South
Ossetia by the authorities in control – including in early 2020 as part of measures
purportedly to contain the spread of COVID-19 – limited the access of local residents to
education, health care, pensions, markets and other services available in the Tbilisicontrolled territory, as elaborated below. Authorities in control in South Ossetia reportedly
completely closed the Administrative Boundary Line in September 2019 for an indefinite
period, following the opening of a police guard post in the village of Chorchana. According
to the Government of Georgia, the restrictions have particularly aggravated the
humanitarian situation in Akhalgori, where the local residents were already confronted with
a shortage of food, medicine and other basic necessities.
49.
OHCHR also received information underscoring the continued negative implications
of measures and practices imposed by the authorities in control in Abkhazia and South
Ossetia for the acquisition of personal documents. Residents in Abkhazia were reportedly
required to renew the de facto Abkhaz “passports” from February 2020, and crossing was
35
36
The victims were David Basharuli (in 2014), Giga Otkhozoria (in 2016), Archil Tatunashvili (in
2018) and Irakli Kvaratskhelia (in 2019). See A/HRC/36/65, paras. 46–47; A/HRC/39/44, paras. 54–
55; and A/HRC/42/34, paras. 47–49.
A/67/275, para. 66; A/73/260, para. 63; and Human Rights Council resolution 42/24, para. 4.
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