Protocol on Interaction of Law-Enforcement Bodies in the Zone of the Georgian-Ossetian Conflict

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Country/entity: Georgia
Russia
Ossetia
Region: Europe and Eurasia
Agreement name: Protocol on Interaction of Law-Enforcement Bodies in the Zone of the Georgian-Ossetian Conflict
Date: 26 Sep 1997
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Georgian Separatist Conflicts (1989 - )
The Abkhazia-Georgia Conflict (1992 - )
Much like other conflicts that sprung up in the wake of the collapse of the Soviet Union, the Abkhazia conflict emerged as an ethnic conflict following heighten nationalist awareness among Abkhaz and other minorities residing in the region. In 1978, protests against the Georgianization of Abkhazia emerged from Abkhaz intellectuals. Towards the end of the 1980s, both Georgian and Abkhaz nationalists demanded independence from the Soviet Union. Tensions began following clashes at Sukhumi University between pro-Unity protestors and Abkhaz nationalists in April-July 1989. However, the conflict remained a legal conflict up until August 1992 following the 1991 elections, wherein Abkhazians felt they were under-represented. War broke out between Abkhaz separatists, supported by Russian forces and hired fighters from the North Caucus. Within Abkhazia, Abkhaz separatists were generally supported by ethnically Armenian and Russian residents. Within Georgia the conflict was exacerbated following conflict in South Ossetia from 1989 onwards in addition to political strife between the supporters of the ousted president, Zviad Gamsakurdia, and the post-coup government led by Eduard Shevardnadze.

Significant human rights abuses occurred, particularly after the capture of Sukhumi in September 1993, after which Georgian residents, which consisted of 45 per cent of the population in 1989, were faced with mass expulsion and ethnic cleansing. Russian Peacekeepers acting under the umbrella of the Commonwealth of Independent States (CIS), were deployed on the Abkhazia-Georgia line following a ceasefire in 1994. Atrocities towards ethnic Georgian’s continued with over 1,500 deaths post-conflict. In 1998 fighting re-erupted following a flare up of fighting in South Ossetia. Again it was resolved with a ceasefire agreement. However, as of 2016 the conflict remains unresolved.

The Russio-Georgian War (South Ossetia) (1989 - )
Following heightened nationalist awareness among Ossetians and policies undertaken at the expense of ethnic minorities by the Georgian government led by President Gamsakurdia, calls for Ossetian Independence increased. After clashes broke out in Tskhinvali during a pro-Georgia protest, the conflict began to militarize. When President Gamsakurdia maintained his position after elections in 1990, which were boycotted by South Ossetia, Ossetians organised elections for their own parliament. The central Georgian government reacted by abolishing the autonomous status previously held by South Ossetia. The formation of ethnic militias and increased attacks on civilians escalated on both sides and in December 1990 a state of emergency and an economic blockade were declared. Fighting was haphazard as fighters on both sides were poorly equipped and disciplined. The Georgian National Guard was primarily formed of volunteers due to a lack of resources and as a result fighters often acted out of self-interest. Assaults on Tskhinvali by Georgian forces were repulsed on several occasions, and Georgian forces were also noted to expel Ossetian residents and destroy villages out of revenge and as a means to re-claim territory.

The Sochi agreement (1992) established a ceasefire and security corridor, as well as divided the territory between Georgian and Ossetian administration. Relations deteriorated drastically in April 2008, and following shelling of Georgian villages on August 1, the Georgian military responded in force retaking most of Tskhinvali by August 7. Russian forces intervened on behalf of Ossetian separatists and after retaking Tskihvali, opened another front in the Kordori Gorge. A ceasefire was brokered on August 12, and the Kremlin declared its recognition of the territories of South Ossetia and Abkhazia on August 26. Russian forces have since strengthened their military presence in those regions in violation of the ceasefire.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: South Ossetia peace process
Parties: For the Russian side (signed)
 For the Georgian side (signed) 
For the North-Ossetian side (signed)
For the South-Ossetian side (signed)
Third parties: -
Description: Agreement provides framework for cooperation between the two sides in the Ossetia conflict, including responsibilities and areas of focus. Agreement also provides for the withdrawal of the JPKF observation posts and hand over to local law enforcement entities.

Agreement document: GE_RU_970926_Protocol on Interaction of Law-Enforcement Bodies in the Zone of the Georgian-Ossetian Conflict.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Other
Page 1, The sides agreed to:
1. provide for efficient legal and personal protection from criminals for all people living or passing across the conflict zone; improve coordination between law-enforcement bodies for establishing order in the Georgian-Ossetian conflict area; exchange information about plotted or committed crimes with further arrest of the criminals; conduct coordinated measures for arresting organized criminal groups.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: Justice sector reform→Criminal justice and emergency law→Delimitation of powers in Criminal Justice System
Page 1, The sides agreed to:
... 4. Showing their good will, both sides to always consider and agree at an adequate level the issue of transferring perpetrators of minor criminal offenses, together with their investigatory information, for being prosecuted by the other side; exclude the practice of illegal discharge of the transferred criminal offenders by the sides, thus ruling out possible mutual distrust of the law- enforcement bodies; create an integrated database of so-called ‘criminal underworld leaders’.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, The sides agreed to:
... 10. Motorcades of border guards of the Russian Federation and the Group of Russian Troops in the Transcaucasus moving on the Gori-Alagir road, to be checked and convoyed by joint Georgian and Russian military road police before they enter the conflict zone; and to be convoiyed by JPKF representatives across the conflict zone along the Gori-karaleti-Ergneti-Tskhinvali route.
Ceasefire: No specific mention.
Police: Page 1, Untitled Preamble, ... Efforts have continued to establish interaction between law-enforcement agencies of the sides that together with the Command of the Joint Peacekeeping Forces implement practical measures for normalizing the situation in the conflict zone. The Working Group meeting on February 4 1997 recognized the need for staged transfer of JPKF functions to law-enforcement bodies of the sides, under Articles 4 and 5 of the Memorandum On Measures for Building and Strengthening Mutual Confidence between the Sides in the Georgian-Ossetian Conflict, signed in Moscow on May 16 1996, Statement on the meeting between E.A. Shevardnadze and L.A. Chibirov in Vladikavkaz on August 27 1996, and paragraph 4 of JCC Decision of February 13 1997.

Page 1, The sides agreed to:
1. provide for efficient legal and personal protection from criminals for all people living or passing across the conflict zone; improve coordination between law-enforcement bodies for establishing order in the Georgian-Ossetian conflict area; exchange information about plotted or committed crimes with further arrest of the criminals; conduct coordinated measures for arresting organized criminal groups.

Page 1, The sides agreed to:
... 4. Showing their good will, both sides to always consider and agree at an adequate level the issue of transferring perpetrators of minor criminal offenses, together with their investigatory information, for being prosecuted by the other side; exclude the practice of illegal discharge of the transferred criminal offenders by the sides, thus ruling out possible mutual distrust of the law- enforcement bodies; create an integrated database of so-called ‘criminal underworld leaders’.

Page 1, The sides agreed to:
... 6. Consider transferring personal and retirement histories of police officers, also their arms and vehicles to stakeholder sides;

Page 2, The sides agreed to:
... 7. Provide for the Road Police and other services in the Georgian-Ossetian conflict zone to work in close cooperation with the JPKF Command; agree locations of the Road Police posts in the conflict zone with the JPKF Command.

Page 2, The sides agreed to:
... 8. at least once in a month hold regular consultations of heads of law-enforcement agencies for addressing issues that pertain to implementation of provisions of this Resolution.

Page 2, The sides agreed to:
... 9. Before 15 October 1997, remove three-sided JPKF observation posts, namely the posts of Ergneti, Tamarasheni, and Kekhvi. Order maintenance function on this section shall be transferred to the police of the sides in conflict. The JPKF Commander shall make a decision as to how the free three-sided observers can be used, to be then approved by the JCC. Law-enforcement bodies of the sides in conflict shall be made responsible for prohibiting transportation of arms and ammunition, explosives and toxic substances on the Kekhvi-Tskhinvali-Ergneti section.

Page 2, The sides agreed to:
... 11. Systematically exchange information about illegally stored firearms; take measures for seizing such arms and ammunition.

Page 2, The sides agreed to:
... 13. This Resolution shall be used as a basis for interaction between law-enforcement bodies of the sides; it shall enter into force on the date of its approval by the JCC and shall be effective till the time of final political statement of the Georgian-Ossetian conflict.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: Page 1, The sides agreed to:
1. provide for efficient legal and personal protection from criminals for all people living or passing across the conflict zone; improve coordination between law-enforcement bodies for establishing order in the Georgian-Ossetian conflict area; exchange information about plotted or committed crimes with further arrest of the criminals; conduct coordinated measures for arresting organized criminal groups.

Page 1, The sides agreed to:
... 2. Participate in the development and implementation of target programs to combat crime, drug trafficking, money counterfeiting and other kinds of crime; have permanent stable contacts with operative duty officers of the sides for timely exchanging information and taking necessary measures. \

Page 1, The sides agreed to:
... 5. Take joint efforts to block all ways and opportunities for selling stolen cars; the sides to commit to provide comprehensive and effective support to each other for stolen property detection and return.

Page 2, The sides agreed to:
... 11. Systematically exchange information about illegally stored firearms; take measures for seizing such arms and ammunition.
Page 2, The sides agreed to:
... 12. Effectively strengthen measures against drug use and drug trafficking; set up special investigation groups to work in close contact for collecting and registering information about drug dealers and drug users, also for blocking all drug import and distribution channels. For this purpose, the sides shall provide assistance for detecting drugs and vehicles.
Drugs: Page 1, The sides agreed to:
1. provide for efficient legal and personal protection from criminals for all people living or passing across the conflict zone; improve coordination between law-enforcement bodies for establishing order in the Georgian-Ossetian conflict area; exchange information about plotted or committed crimes with further arrest of the criminals; conduct coordinated measures for arresting organized criminal groups.

Page 1, The sides agreed to:
... 2. Participate in the development and implementation of target programs to combat crime, drug trafficking, money counterfeiting and other kinds of crime; have permanent stable contacts with operative duty officers of the sides for timely exchanging information and taking necessary measures. \

Page 1, The sides agreed to:
... 5. Take joint efforts to block all ways and opportunities for selling stolen cars; the sides to commit to provide comprehensive and effective support to each other for stolen property detection and return.

Page 2, The sides agreed to:
... 11. Systematically exchange information about illegally stored firearms; take measures for seizing such arms and ammunition.
Page 2, The sides agreed to:
... 12. Effectively strengthen measures against drug use and drug trafficking; set up special investigation groups to work in close contact for collecting and registering information about drug dealers and drug users, also for blocking all drug import and distribution channels. For this purpose, the sides shall provide assistance for detecting drugs and vehicles.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: Transitional justice→Courts→National courts
Page 1, The sides agreed to:
... 3. Coordinate investigation and search operations and other necessary actions for investigating crimes committed in the Georgian-Ossetian conflict zone, including those committed in previous years, and for instituting criminal proceedings against all perpetrators, also for taking action to detect and detain them.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, Untitled Preamble, ... Efforts have continued to establish interaction between law-enforcement agencies of the sides that together with the Command of the Joint Peacekeeping Forces implement practical measures for normalizing the situation in the conflict zone. The Working Group meeting on February 4 1997 recognized the need for staged transfer of JPKF functions to law-enforcement bodies of the sides, under Articles 4 and 5 of the Memorandum On Measures for Building and Strengthening Mutual Confidence between the Sides in the Georgian-Ossetian Conflict, signed in Moscow on May 16 1996, Statement on the meeting between E.A. Shevardnadze and L.A. Chibirov in Vladikavkaz on August 27 1996, and paragraph 4 of JCC Decision of February 13 1997.

Page 2, The sides agreed to:
... 7. Provide for the Road Police and other services in the Georgian-Ossetian conflict zone to work in close cooperation with the JPKF Command; agree locations of the Road Police posts in the conflict zone with the JPKF Command.

Page 2, The sides agreed to:
... 9. Before 15 October 1997, remove three-sided JPKF observation posts, namely the posts of Ergneti, Tamarasheni, and Kekhvi. Order maintenance function on this section shall be transferred to the police of the sides in conflict. The JPKF Commander shall make a decision as to how the free three-sided observers can be used, to be then approved by the JCC. Law-enforcement bodies of the sides in conflict shall be made responsible for prohibiting transportation of arms and ammunition, explosives and toxic substances on the Kekhvi-Tskhinvali-Ergneti section.

Page 2, The sides agreed to:
... 10. Motorcades of border guards of the Russian Federation and the Group of Russian Troops in the Transcaucasus moving on the Gori-Alagir road, to be checked and convoyed by joint Georgian and Russian military road police before they enter the conflict zone; and to be convoiyed by JPKF representatives across the conflict zone along the Gori-karaleti-Ergneti-Tskhinvali route.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Archive of the Georgian Ministry of Foreign Affairs; http://www.rrc.ge/law/protLw_1997_%2026_09_E.htm

PROTOCOL ON INTERACTION OF LAW-ENFORCEMENT BODIES IN THE ZONE OF THE GEORGIAN-OSSETIAN CONFLICT

Settlement of Java, South Ossetia, 26 September 1997

Current situation in the conflict zone tends to further stabilization.

Crimes and incidents that

have occurred this year have been mainly of political rather than criminal nature.

Efforts have continued to establish interaction between law-enforcement agencies of the sides that together with the Command of the Joint Peacekeeping Forces implement practical measures for normalizing the situation in the conflict zone.

The Working Group meeting on February 4 1997 recognized the need for staged transfer of JPKF functions to law-enforcement bodies of the sides, under Articles 4 and 5 of the Memorandum On Measures for Building and Strengthening Mutual Confidence between the Sides in the Georgian-Ossetian Conflict, signed in Moscow on May 16 1996, Statement on the meeting between E.A. Shevardnadze and L.A. Chibirov in Vladikavkaz on August 27 1996, and paragraph 4 of JCC Decision of February 13 1997.

The sides agreed to:

1. provide for efficient legal and personal protection from criminals for all people living or passing across the conflict zone;

improve coordination between law-enforcement bodies for establishing order in the Georgian-Ossetian conflict area;

exchange information about plotted or committed crimes with further arrest of the criminals;

conduct coordinated measures for arresting organized criminal groups.

2. Participate in the development and implementation of target programs to combat crime, drug trafficking, money counterfeiting and other kinds of crime;

have permanent stable contacts with operative duty officers of the sides for timely exchanging information and taking necessary measures.

3. Coordinate investigation and search operations and other necessary actions for investigating crimes committed in the Georgian-Ossetian conflict zone, including those committed in previous years, and for instituting criminal proceedings against all perpetrators, also for taking action to detect and detain them.

4. Showing their good will, both sides to always consider and agree at an adequate level the issue of transferring perpetrators of minor criminal offenses, together with their investigatory information, for being prosecuted by the other side;

exclude the practice of illegal discharge of the transferred criminal offenders by the sides, thus ruling out possible mutual distrust of the law- enforcement bodies;

create an integrated database of so-called ‘criminal underworld leaders’.

5. Take joint efforts to block all ways and opportunities for selling stolen cars;

the sides to commit to provide comprehensive and effective support to each other for stolen property detection and return.

6. Consider transferring personal and retirement histories of police officers, also their arms and vehicles to stakeholder sides;

7. Provide for the Road Police and other services in the Georgian-Ossetian conflict zone to work in close cooperation with the JPKF Command;

agree locations of the Road Police posts in the conflict zone with the JPKF Command.

8. at least once in a month hold regular consultations of heads of law-enforcement agencies for addressing issues that pertain to implementation of provisions of this Resolution.

9. Before 15 October 1997, remove three-sided JPKF observation posts, namely the posts of Ergneti, Tamarasheni, and Kekhvi.

Order maintenance function on this section shall be transferred to the police of the sides in conflict.

The JPKF Commander shall make a decision as to how the free three-sided observers can be used, to be then approved by the JCC.

Law-enforcement bodies of the sides in conflict shall be made responsible for prohibiting transportation of arms and ammunition, explosives and toxic substances on the Kekhvi-Tskhinvali-Ergneti section.

10. Motorcades of border guards of the Russian Federation and the Group of Russian Troops in the Transcaucasus moving on the Gori-Alagir road, to be checked and convoyed by joint Georgian and Russian military road police before they enter the conflict zone;

and to be convoiyed by JPKF representatives across the conflict zone along the Gori-karaleti-Ergneti-Tskhinvali route.

11. Systematically exchange information about illegally stored firearms;

take measures for seizing such arms and ammunition.

12. Effectively strengthen measures against drug use and drug trafficking;

set up special investigation groups to work in close contact for collecting and registering information about drug dealers and drug users, also for blocking all drug import and distribution channels.

For this purpose, the sides shall provide assistance for detecting drugs and vehicles.

13. This Resolution shall be used as a basis for interaction between law-enforcement bodies of the sides;

it shall enter into force on the date of its approval by the JCC and shall be effective till the time of final political statement of the Georgian-Ossetian conflict.

For the Russian side (signed)

For the Georgian side (signed)

For the North-Ossetian side (signed) For the South-Ossetian side (signed)