A/HRC/36/65
such detention may last for several days before people are freed upon payment of
substantial fines, often simply for attempting to visit their property on the other side of the
wire to harvest their crops — which is the sole source of income for people affected.
63.
According to the Government of Georgia, acts “which amount to torture and illtreatment are regular” and there has been information on inadequate conditions in so-called
“detention centres” in Abkhazia and South Ossetia. Also, according to the Government of
Georgia, people are regularly arrested and detained by Russian Federation border guards for
so-called “illegal border crossing” along the administrative boundary lines. According to
data from the State Security Service of Georgia, between 2008 and December 2016, 1,788
people were detained by Russian Federation border guards for so-called “illegal border
crossing” along the Administrative Boundary Line with Abkhazia, and 987 people were
detained along the Administrative Boundary Line with South Ossetia; between 1 January
2016 and 12 December 2016, 190 people were detained along the Administrative Boundary
Line with Abkhazia, and 132 people were detained along the Administrative Boundary Line
with South Ossetia. According to the State Security Service of Georgia, the abovementioned cases relating to the Administrative Boundary Line with South Ossetia represent
only 15-20 per cent of the actual number of cases occurring along that Administrative
Boundary Line.
64.
Citing media sources, the Office of the Public Defender reported that, according to
data released by the Border Service of the Federal Security Service of the Russian
Federation, there were about 14,000 cases of “detention” on the Abkhaz Administrative
Boundary Line between 2009 and 2016. Accounts collected by the Office of the Public
Defender from individuals who had been detained by Russian Federation border guards
between July 2014 and November 2016 indicate poor conditions in basements of the
Russian Federation military bases, where they would reportedly be held for several hours to
a few days. The information concerned cases in the Khurcha region and the villages of
Khurcha and Nabakevi, for instance.
65.
Cases of long-term deprivation of liberty in Abkhazia and South Ossetia were cited
by various sources. The Office of the Public Defender reported that detainees, including
children, would not be provided with water and food for several hours, and that dozens
were placed in the same room regardless of their sex and age. Children were reportedly
deprived of liberty mainly to secure the payment of fines. 27
8.
Right to health
66.
It is provided in the Universal Declaration of Human Rights that “everyone has the
right to a standard of living adequate for the health and well-being of himself and of his
family, including food, clothing, housing and medical care and necessary social services”
(art. 25).
67.
The right to the highest attainable standard of health (referred to here as the “right to
health”) includes the requirement for health facilities, goods and services to be available in
sufficient quantity, to be accessible to all without discrimination and to be within safe and
reasonable physical reach. In addition, they should be of good quality, with skilled medical
personnel, and be equipped with unexpired drugs and hospital equipment, safe and potable
water, and adequate sanitation.28
68.
According to the Office of the Public Defender and other sources, access to medical
services is one of the most problematic issues for conflict-affected communities. Patients
often have to take a bypass to cross the Administrative Boundary Line to seek medical care
27
28
12
For more information on specific cases, see the “Special report of the Public Defender of Georgia on
the rights of women and children in conflict-affected regions, review of 2014-2016”, pp. 18 and 19,
available from www.ombudsman.ge/uploads/other/4/4319.pdf; and “The human rights situation of the
conflict-affected population in Georgia” (2015), available from
www.ombudsman.ge/uploads/other/3/3768.pdf.
See Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the right
to the highest attainable standard of health.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents