Practice Relating to Rule 99. Deprivation of Liberty
Under Georgia’s Criminal Code (1999), the unlawful confinement of a protected person constitutes a crime in both international and non-international armed conflicts.
In 2009, the Parliament of Georgia issued a statement in which it noted the “[r]ecent intensification of unlawful actions by the Russian Federation, namely, kidnapping of Georgian civilians from areas adjacent to the occupied territories and their unlawful detention”.
In 2012, in its fourth periodic report to the Human Rights Committee, Georgia stated:
3. During the reporting period, the Government of Georgia has been consistently continuing its policy aimed at ensuring full enjoyment of the rights provided in the Covenant for the entire State population. To this end, the obstacles of outstanding gravity were imposed by the war with the Russian Federation in August 2008 and subsequent occupation of two regions – Abkhazia, Georgia and the Tskhinvali region/South Ossetia, Georgia. From the early 2008, the security and human rights situation in the mentioned regions tangibly aggravated … The terrorizing and discriminatory acts included, but were not limited to the occasional incidents of armed attacks on the ethnic Georgian villages [and] instances of arbitrary detention … of their residents …
4. The discriminatory policy of the Russian Federation and its proxies against the remaining ethnic Georgians not only lasted, but intensified significantly in the aftermath of the Russia-Georgia 2008 war. The civilian population residing in the occupied territories continues to be deprived of the minimal safeguards for the protection of their rights provided by the international conventions … [I]llegal detentions for crossing the so-called “state border” … – these and other criminal acts occur on a daily basis.
In 2014, in its fourth periodic report to the Committee on the Rights of the Child, Georgia stated:
Due to Russia’s occupation of Tskhinvali Region/South Ossetia and Abkhazia[,] Georgia has been prevented from the opportunity to ensure protection of human rights, including children’s rights in th[ose] parts of the country. Serious facts of discriminations and human rights violations have been reported by numerous … reputable international organizations, committed predominantly against population of Georgian origin. … People living in adjacent areas are arbitrar[il]y arrested and detained by illegal armed groups and Russian military forces.