The Council of Europe Committee of Ministers adopted its ninth decision on the agenda item “Council of Europe and Conflict in Georgia” on 4 May 2022.
The decision of the Committee of Ministers establishes the responsibility of the Russian Federation for the grave situation in Georgia’s occupied regions as the State exercising effective control over those regions. The document welcomes the judgment of the European Court of Human Rights in the case Georgia v. Russia that established the responsibility of the Russian Federation for grave human rights violations during the period of occupation of the Georgian regions of Abkhazia and Tskhinvali region/South Ossetia following the August 2008 war, as the State exercising effective control over those regions
The Committee of Ministers also welcomes the decision of the Chief Prosecutor of the International Criminal Court to issue an arrest warrant application for the war crimes committed in the context of the August 2008 armed conflict in Georgia, and calls on the Russian Federation to execute the judgment of the European Court of Human Rights in the case Georgia v. Russia as well as to co-operate with the Office of prosecutor of the International Criminal Court.
The Committee of Ministers expresses deep concern over the death of Genadi Bestaev, calls for removal of any obstacles to ending impunity in cases concerning the murder of ethnic Georgians in the Georgian regions of Abkhazia and Tskhinvali region/South Ossetia and recalls the “Otkhozaria-Tatunashvili List” adopted by the Parliament of Georgia, and the national restrictive measures decided on by the Georgian Government against those responsible for grave human rights abuses in the Georgian regions of Abkhazia and Tskhinvali region/South Ossetia.
The Decision reiterates the call to the Russian Federation as the State exercising effective control: to immediately release Irakli Bebua, Mamuka Chkhikvadze and all other illegal detainees; to create conditions for the voluntary, safe and dignified return of all IDPs and refugees; calls for ensuring that the Council of Europe monitoring bodies are granted access to the Georgian regions concerned.
The document highlights the importance of engagement of the Commissioner for Human Rights and the Secretary General in monitoring the human righst situation in the Russian-occupied regions of Georgia.
The Ministry of Foreign Affairs of Georgia welcomes yet another decision of the Council of Europe Committee of Ministers on the conflict in Georgia and thanks the CoE Member States for firm support and cooperation.