Practice Relating to Rule 51. Public and Private Property in Occupied Territory
Section C. Private property in occupied territory
Georgia’s Law on Occupied Territories (2008) states:
Article 5. Property Rights to Real Estate in the Occupied Territories
1. Any transaction related to real estate property and concluded in violation of Georgian law shall be deemed void from the moment of conclusion and shall not give rise to any legal consequences.
2. The right to property is protected in the Occupied Territories and is regulated by the laws of Georgia.
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. …
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, including … property rights … Looting, … destruction of property … – these and other criminal acts occur on a daily basis.