ANSWERS TO QUESTIONS ON LEGAL ASPECTS OF AUGUST EVENTS
1. Formal and informal relations between Abkhazia and the Russian Federation prior to the beginning of the conflict of August 2008.
Abkhazia and Russia in their mutual relations have undertaken a long and at times inconsistent historical route. After the Abkhazian patriotic war of 1992-93, Abkhazia proposed the idea of ‘associated’ relations with Russia which would mean the signing of interstate contracts in military-political, customs, border, economic and cultural areas. Initially this offer was made by the first President of Abkhazia, V. Ardzinba. Later on there were further addresses from the Parliament of Abkhazia to the State Duma, and to the Federal meeting of the Russian Federation, with a request for recognition of the independence of Abkhazia and the signing of corresponding agreements. Though the authorities of the Russian Federation at different levels repeatedly spoke about our deep historical, political and humanitarian connections, and about Russian interest in the fair resolution of the problems of the Abkhazian people, Russia nevertheless did not undertake steps towards a rapprochement with Abkhazia. Moreover, it was Russia which during the difficult post-war period declared a blockade against Abkhazia. We should remember that the so-called “Decision on measures of conflict settlement in Abkhazia, Georgia” from January 19th, 1996, was initiated by the Russian Federation and signed by President B. Yeltsin, and it was also recommended that it be signed by the leaders of the majority of the CIS countries.
In addition, Russian authorities at the highest level declared their support of Georgia’s territorial integrity. However, in international legal documents, particularly in the Helsinki Certificate, there is nothing that specifies the priority of the principle of territorial integrity over another basic principle - the right of peoples to self-determination. As to the Charter of the United Nations Organization, which is the basic international legal document, the concept of territorial integrity is entirely absent. However, the arguments of Abkhazian diplomats were not always listened to, and only actions by the Georgian authorities have forced Russia to refuse recognition of the territorial integrity of that country, to stop the process of violation of all the main principles of international law and to stop the destruction of one people by another. The principle of territorial integrity in international law regulates the mutual relations between states; it is urged to prevent the aggression of states against each other. Thus, in the given concrete case, after the events of August, 2008 further support by Russia of the principle of the territorial integrity of Georgia would have gone totally against universal humane principles. As a matter of fact, with its decision on recognition of Abkhazian independence Russia has protected the people of Abkhazia from bloodshed and the next military aggression, restored the statehood removed during Stalin's era, and established stability in the region.
We should notice that sanctions against Abkhazia were repeatedly exposed to criticism by the Russian Duma, which specified the illegality of this action, although it did not receive due support in Parliament. Finally, in March 2008 a decision on the cancellation of sanctions against Abkhazia was accepted. Deputies of the State Duma declared their support of President V. Putin and the Government of the Russian Federation’s efforts towards improvement of the economic situation of Abkhazia and the removal of restrictions on its foreign trade activities, access to the achievements of Russian and world culture for Abkhazians, education, and protection of the rights of citizens of the Russian Federation and Russian compatriots living on the territory of Abkhazia.
On the decision on the removal of an economic embargo from Abkhazia, Georgia answered in a manner peculiar to it, by accusing Russia of provocation against Georgia. The Georgian State Minister of Reintegration Temur Jakobashvili declared: “The Russian exit from this decision means one thing – an attempt at economic annexation is taking place. The Georgian government will not let this happen”. However, Russia ended sanctions which simply were unfavorable for it to continue, first of all for economic reasons. The decision on the removal of sanctions had been dictated by objective realities in the current situation. In an official note the Ministry of Foreign Affairs of Russia explained the decision by stating that the situation since 1996 had dramatically changed, and accused the Georgian side of the absence of a constructive approach to perform the arrangements reached before. Russia removed sanctions against Abkhazia as it did not see the sense in further rigid restrictions. Therefore the removal of sanctions opened new possibilities for the development of mutually advantageous relations in economic, cultural, social and other spheres. Today Russia is the only creditor of Abkhazia, and as yet its only trade and economic partner. The economy of Abkhazia is closely connected with the Russian; we are also connected by transport routes and infrastructural objects. But the main thing is that practically all inhabitants of Abkhazia are simultaneously citizens of the Russian Federation. Russia was and remains the guarantor of security and peace in the Caucasus. In Article 2 of the Treaty of Friendship and Mutual Help between the Russian Federation and Abkhazia, signed by the Presidents of the Republic of Abkhazia and the Russian Federation in Moscow on September 17th, 2008, it is stated that “Contracting parties will closely co-operate in the field of foreign policy, co-operate in the strengthening of peace, increase stability and security in the Transcaucasia region, and for these purposes regularly carry out consultations on international and regional problems of mutual interest. They undertake to make coordinated efforts to assist in the settlement of regional conflicts.”
Of course, it is necessary to note the special role of Russia in the peacekeeping process that initially gave it priority over other participants in the negotiating process. Russia was the initiator of the creation of Collective Forces on the Maintenance of Peace, which carried out this activity according to the Agreement signed on January 13th, 1994 on cease-fire and the separation of forces, in which it particularly said: “Peacekeeping forces of the Commonwealth of Independent States, and the military observers introduced according to the protocol of the present Agreement, will be placed in the Security Zone for supervising over the observance of the present Agreement”. Russia participated in the peacekeeping operation in the capacity of a force which divided the parties in the area of cease-fire, and CIS Collective forces for the maintenance of peace were actually composed exclusively of Russian military men. Nevertheless, due to the efforts of the Russian peacekeepers it was possible to maintain a fragile peace by means of extreme force and human victims. We remind you that during service in the Security Zone, more than 100 Russian peacekeepers were killed.
2. Legal status of administrative and military structures in the Upper part of Kodori Gorge prior to August, 2008
Resolution 1716 of the UN Security Council ordered the Georgian side to carry out an earlier signed agreement and to withdraw troops from the Kodori Gorge. There were also other agreements signed by representatives of the United Nations. In particular, in the Gagra Agreement from May 25th, 1998, it is directly written that armed groups, and even separate persons, should not enter from Georgia into the territory of Abkhazia, and the Georgian side incurs obligations not to let them enter there.
However, instead of withdrawing Georgian military formations from the Kodori Gorge, President Saakashvili decided to place there the so-called “legitimate government of Abkhazia”. “In coordination with the Parliament of Georgia and the Prime Minister, I have made the decision to deploy in Kodori Gorge for the first time since 1993 the legitimate government of Abkhazia, which will extend the jurisdiction of Georgia to this territory”, declared Saakashvili to RIA Novosti news agency on July 27th, 2006.
However, as is known, the so-called “legitimate government of Abkhazia” did not possess any real power, as that government was not selected by anyone, and the legality of the decisions of this artificial puppet government created by Saakashvili extended maybe only within the territory of Kodori Gorge itself. According to the same pseudo-legitimate scheme a so-called training “youth-patriotic camp” operated in the village of Ganmuhuri in Zugdidi district. We note that Ganmuhuri is a settlement under Georgian jurisdiction located on the right bank of the Ingur River. Essentially, this camp opened by President Saakashvili on May 26th, 2007 represented an ideological lever hidden under pseudo-patriotic slogans, and was used by the Georgian authorities to commit any kind of provocation, and also for organizing acts of sabotage on the territory of Abkhazia. The Abkhazian authorities underlined several times the possible negative consequences which could be connected with the organization of such a camp. The destabilizing role of the camp was also noted by the Secretary-General of the United Nations Ban Ki-moon in his report to the Security Council of July 2007, with the suggestion of abolishing it.
Despite the fact that administrative and military structures created by Georgia in the immediate proximity of its borders with Abkhazia and within Abkhazian territory had no real legal basis and legitimacy, and were used by the authorities of Georgia only for planned aggression against Abkhazia, they were not disbanded or liquidated. Moreover, their existence was not exposed to any condemnation from the international monitoring organizations billeted in Georgia.
3. Process of reception of Russian citizenship by the people living in Abkhazia.
Russia, which became the successor of the USSR with the consent of all union republics, had a special responsibility before the former citizens of the Soviet Union. After the disintegration of the USSR Russia was compelled to solve certain questions, including those connected with citizenship. According to Russian legislation, those citizens of the USSR who did not take the citizenship of other countries and addressed Russia for help should be provided with Russian citizenship. Russia had put such a legislative norm into its citizenship law. According to this, many inhabitants of Abkhazia, who all these years had tried in vain to achieve the possibility of leaving and driving back freely to the country as is provided for by the World Declaration on Human Rights, at last received this kind of possibility. It is necessary to notice that Abkhazia many times addressed various international bodies with the request to give our citizens alternative documents, and repeatedly brought attention to the question (in particular before the United Nations) about giving our citizens travel papers of the U.N. type (similar procedures have been adopted in Kosovo). However we were refused those travel papers that have been given out by the United Nations to inhabitants of Kosovo. Abkhazian authorities were told that Kosovo is one thing, and Abkhazia is another, and then many citizens started to ask Russia for help (in the beginning it was a process of private initiative and then it became a mass movement). Thus, to an appeal from Abkhazia to somehow resolve the passports situation, only Russia responded, agreeing to give Abkhazians foreign types of Russian passports. From that time on, our compatriots have had a real possibility to travel abroad and to have the rights and freedoms accorded by international norms.
After the decision was accepted by the Russian Federation, appropriate alterations were made to the Abkhazian legislature and the concept of dual citizenship was introduced. In Article 6 of the law of the Republic of Abkhazia on citizenship it is stated that a citizen of the Republic of Abkhazia has the right to obtain citizenship of the Russian Federation as well.
4. Structure of regular army of Abkhazia. National structure of army of Abkhazia
According to article 33 of the Constitution of the Republic of Abkhazia, “Protection of the Motherland is a debt and duty of every citizen of the Republic of Abkhazia”. It is necessary to say that besides the regular Abkhazian army there is also a large, mobile and well-prepared group of reservists, who were mobilized for the operation conducted in Kodori Gorge.
If we speak about the ethnic category of military men, representatives of different ethnic groups are involved both in the regular Abkhazian army and in the reservists. In the national liberation war of Abkhazia of 1992-93 representatives of all nationalities living in Abkhazia participated. The Abkhazian army founded after the war consisted of its defenders, from its people who, as is known, are multiethnic. And today representatives of various nationalities serve in ranks of the Abkhazian army. The multinational structure of the army remains.
It is important to say that during the Kodori operation the inhabitants of the Gorge who were ethnic Svans, assisted Abkhazian military men. The Abkhazian side considers Svans as citizens of Abkhazia, though they did not accept citizenship of Abkhazia and have no Abkhazian passports.
It should be noted that when the Georgian military operation in South Ossetia began, Abkhazia, according to the Agreement signed by the Presidents of both Republics, moved troops forward to its borders with Georgia, and to reach the banks of the River Ingur, thereby entering Georgian territory in those places where the border follows the right bank of the river. But then, under the reference of peacekeeping forces and forces of the United Nations, the advancement of troops was stopped. Then the greatest danger and provocations occurred in those regions where the border passed to the right bank. These sites could create a problem again, therefore the authorities of Abkhazia are interested in the strengthening and protection of borders. Though the Abkhazian army had consultations with Russian forces operating on the territory of Abkhazia, it operated independently and exclusively on the territory of Abkhazia without going outside the borders of the republic, except for the short-term exit onto Georgian territory detailed above.
After the events of August 2008 staff changes in the Abkhazian armed forces, as well as in the supreme legislative, executive and judicial branches of the Government, were not made. According to official data, in all the listed branches responsible posts are occupied by Abkhazians, Russians, Armenians, Jews, Georgians and representatives of other nationalities living in Abkhazia.
5. Mutual relations between the regular army of Abkhazia and the army of the Russian Federation.
The Abkhazian side carries out consultations with the Russian side as necessary. In Article 3 of the Treaty of Friendship and Mutual Aid between the Russian Federation and Abkhazia it is stated that “Contracting parties will co-operate closely with each other in questions of protection of the sovereignty, territorial integrity and safety of the Russian Federation and the Republic of Abkhazia. They urgently will consult among themselves each time when, according to one of the contracting parties, there will be a threat of attack, to maintain joint defence, peace and mutual safety. During these consultations, the necessity, kinds and sizes of help which one Contracting party will render to the other Contracting party, to assist in the elimination of the arisen threat, will be defined”.
Now that the Treaty on Friendship and Cooperation between Russia and Abkhazia has been signed, a number of military agreements in different directions, concerning jurisdictions of military bases on the territory of Abkhazia, joint boundary cooperation, and also a complete military cooperation are being developed. In this connection, we hope that a large enough number of Russian armed forces will be deployed in Abkhazia, which in interaction with the Abkhazian armed forces can provide the security of the country. According to Article 5 of the mentioned Treaty, “to provide safety of the Contracting parties, and peace and stability in the Transcaucasia region, each of the Contracting parties will give the other Contracting party the right to build, use and improve its own military infrastructure and military bases (installations) in the territory”. And in article 4 it is said that “Contracting parties will take in common all measures accessible to them for the elimination of a threat to peace or a breach of the peace, and also to counteract aggression against them from any state or group of states and to render each other any necessary help, including military, as in a procedure of the right to individual or collective self-defence according to Article 51 of the Charter of the United Nations.”
6. Refugees and obstacles to their returning. Discrimination and deprivation of any rights after August, 2008. Maintenance of civil, political, economic and legal freedoms in Gal district
As is true everywhere in the world, the question of the returning of refugees needs an attentive and balanced approach. Everybody, including the international participants in the negotiating process, should realize their degree of responsibility when deciding this question, and also, despite national or other distinctions, should impartially help all groups who have suffered in conflicts.
At the same time, when deciding the issue of the return of refugees, the Abkhazian side accurately adhered to its obligations, particularly always strictly observing the terms of the Moscow agreement. In accordance with the document signed on May 14th, 1994, the first stage of the safe and worthy return of refugees to the Gal district has been completed. Thus, the authorities of Abkhazia initiated a stage-by-stage process of returning refugees to the Gal district. Within sixteen post-war years more than 60 thousand people, wishing to return, have already come back into their houses in the Gal district. (We will note that residence of ethnic Georgians in Abkhazia is not limited to only the Gal area. According to the State Statistical Service of the Republic of Abkhazia, as at January 1st, 2008 there are 13,329 Georgians living in Gagra district; 729 in Gulripsh district; 1,970 in Ochamchira and 6,794 persons in Tquarchal district).
Aspiring to determine the number of Georgian refugees coming back to Abkhazia, the Abkhazian side has supported the initiative of the Department of the Supreme Commissioner of the United Nations on Affairs of Refugees concerning fulfillment of the procedure of verification and registration. Verification would allow a more exact determination of the number of those who have come back and the number of those who still wish to return. The exact data about refugees would also allow a definition of necessary economic resources for the reception of such a great number of people. However the Georgian authorities in every possible way interfere with the verification of refugees. Moreover, incontestable facts attest that during the Georgian-Abkhazian negotiating process, Georgia undertook 3 large-scale military operations against Abkhazia, in May 1998, in October 2001, and in July 2006. The facts of their thus having broken the whole negotiating process, and having committed a breach of the peace in the region, and then launching a war in South Ossetia, speak for themselves. As a matter of fact, the Georgian authorities, by having increased the quantity of refugees, have created additional suffering for the civilian population not only in Abkhazia and South Ossetia, but also in Georgia,.
As to the issue of refugees returning to other regions of Abkhazia, this question directly depends upon the level of trust between the sides. However the Georgian side all these years has impeded the process of returning refugees in every possible way and has done everything to undermine the peace initiatives of the Abkhazian side. As a matter of fact, everything has been done to create conditions in which the safe return of refugees would be impossible because of unceasing subversive and terrorist acts. Till now the destiny of the Chairman of the Election Committee of Gal district David Sigua is not known. He was abducted by Georgian special services on February 3rd, 2007 from his home in the city of Gal after his public statement calling for the authorities of Georgia not to speculate on refugee issues.
The Georgian side still has not accepted responsibility for provocations directed against civilians of Abkhazia, the Russian peacekeepers, and also employees of the United Nations mission who died in Kodori Gorge in October 2001 as a result of Georgian military provocation. It is necessary to underline that Georgia undertook deliberate steps to destabilize the situation in Gal district, as stated in the Report of the Joint Mission of the United Nations after studying the situation in Gal (on November 20th-24th, 2000), in chapter C, section III, article 58: “Throughout several years after the termination of open hostilities, armed groups of Georgians conducted targeted attacks in Gal district. In public statements from leaders of the best-known groups, such as the ‘White Legion’ and ‘Wood Brothers’, it was stated that their primary goal is to reclaim Abkhazia by force. The creation of an atmosphere of fear and instability among those who came back to Gal district was their immediate task, to show that living on territory controlled by the Abkhazian side is impossible. For this purpose they used ambushes, abductions and the placement of mines.”
The observer of the Commission on Human Rights of the United Nations noticed that despite Georgian refutations, there were constant and reliable reports that “guerrilla groups have communication with the Ministries of Internal Affairs and Defence of Georgia and also with state security services and with some members of the government”.
Temur Shashiashvili, the Authorised Representative of the President of Georgia in Imereti region who can be considered as one of the high-ranking Georgian officials, has openly declared that “growth of the movement of national avengers is inevitable … no one can deprive those expelled from Abkhazia of their right to return home”. We notice that no ethnic Georgian was expelled from his or her house by Abkhazian authorities. The inhabitants of Abkhazia who had not broken the law of the Republic and did not commit war crimes have already returned to their houses.
Ethnic Georgians are not pursued by the law, and have all rights and freedoms along with other citizens of the republic. According to article 11 of the Abkhazian Constitution: “the Republic of Abkhazia recognizes and guarantees the rights and freedoms defined in the General Declaration of Human Rights, in the International Pacts on economic, social and cultural, civil and political rights, and in other conventional international legal acts.”
Shortly before the August events a series of acts of terrorism in the cities of Abkhazia directed against the civilian population was organized by the special services of Georgia. As a result innocent people suffered, and on July 6th, 2008 in Gal as a result of a terrorist act four persons were killed and some more were seriously wounded. This was another direct acknowledgement of the participation of Georgian authorities in terrorist activities against Abkhazia.
After the August events the trust of the Abkhazian community has been definitively undermined. In total, since August 2008 five people have been killed and more than ten have been wounded. This was a result of the amnesty in Georgia when members of subversive and terrorist groups were released from prisons in September 2008 for the purpose of a renewal of terrorist activity against Abkhazia. If we track the dynamics of the situation in Gal district it is obvious that the period of stability and safety was in August 2008 during the operation ‘forcing Georgia to peace’. During this period, more than 20 Russian families living in Georgia were compelled to leave Georgia through Abkhazia, because they became targets of constant prosecution and attacks. Some citizens of Georgia have addressed the Abkhazian Government with a request for political asylum because in Georgia their life is threatened.
Abkhazian officials have not lately received any data about infringement of the rights of the Georgian population in Abkhazia, including any after the August events. Any similar facts have not been recorded by international and local non-government organizations in Gal district. Facts about the Gal region population abandoning their houses after the events of August, 2008 have also not been recorded. Thus, it is possible to ascertain that the situation in the Gal region after the August events has not changed in any way.
21 schools function in the Gal district, 11 of which are Georgian. Teaching in the Georgian language did not stop, which was confirmed in reports from international observers. According to article 6 of the Constitution of the Republic of Abkhazia: “The State guarantees all ethnic groups living in Abkhazia the right to freely use their native language.”
Ethnic Georgians are engaged in local government (out of 18 Administration Managers in Gal district, 15 are of Georgian nationality).
Despite incessant provocations from Georgia, the Abkhazian side continues to monitor the situation regarding the security of ethnic Georgians in the area, and also considers the interests of other ethnic groups living in Abkhazia. Moreover, all citizens of Abkhazia, regardless of national, religious or other identities, directly or indirectly have suffered from the actions of Georgia directed towards an escalation of the conflict in the whole region.
The Republic of Abkhazia is a multinational and multi-faith state in which representatives of various nationalities and faiths peacefully co-exist. For them, favourable conditions for living and development are created, and their rights and freedom are respected to the same extent to which the rights and freedom of representatives of the titular nation are respected. Members of these minorities in their respective proportions are represented in state power structures. In the Republic national newspapers are published, national schools function, and Russian, Greek, Armenian, German, Jewish, Polish, Tatar and Estonian societies are actively involved in public life,. In total, Abkhazia has about 100 registered NGOs and public humanitarian organizations, not including the religious organizations.
In addition, other democratic institutions function within Abkhazia:
• an active civil society in close liaison with the State;
• all citizens of the Republic have the right to freedom of speech, thought and belief, which creates favourable conditions for the existence of free and independent mass-media;
• according to the Constitution, all people have the right to association, peaceful rallies, gatherings, processions and demonstrations.
In Abkhazia the Public Chamber functions, which is designed to protect the rights and freedoms of citizens, to promote the development of a civil society, and to exercise public control over the activities of public authorities. In the Gal region of Abkhazia the office of Human Rights is open and operates successfully. Within the country there are many different parties and political movements, including those in opposition.
Currently in Abkhazia a structure has been created similar to that of the institution of ombudsman, to handle problems. This was announced, in an interview with a correspondent from news agency REGNUM, by the Council of Europe Commissioner for Human Rights Thomas Hammarberg on February 26th. According to him, the mechanism which is being formed in Abkhazia is very important and will ensure the effective protection of human rights. “I talked to the representative who has been appointed by the President of Abkhazia, and I think we can assist them in building this structure,” said Mr. Hammarberg.
Today, the Republic of Abkhazia is an internationally recognized state (on August 26th, 2008 its independence was recognized by the Russian Federation, and on 3rd September of the same year by the Republic of Nicaragua). For more than 15 years, Abkhazia has been a Presidency Member of UNPO (Unrepresented Nations and Peoples Organization), the main slogan of which is: “indigenous peoples living in their territories but against being enslaved by ‘alien’ states”.
Incessant accusations come from the Georgian side that “the Georgian population” in Gal district is subjected to oppression and their rights are supposedly violated; these accusations actually concern representatives of the Mingrelian population, and this is what Georgian authorities strenuously try to forget. It should be emphasized that the bulk of the population of the Gal district consists of Mingrelians, a separate ethnic group and a sub-ethnos of the Georgian people. Georgians and Mingrelians are different in mentality and character, but the main thing is that they have different languages, so you can say that they have different identities. During the course of history Mingrelians time and again have been engaged in open confrontation with the Georgians, who conducted a forceful assimilation of the Mingrelian population. In 1925 in western Georgia, a movement began for the establishment of an independent Mingrelian autonomy, but by 1926 Mingrelians had already disappeared from the census form as a separate ethnic group. In the 1930s the Mingrelian language was banned. As a result of centuries of influence from the Georgian language, the Mingrelian language almost lost its written form. (Mingrelians are considered as a part of the Georgians, Mingrelian language continues to be considered as a dialect of Georgian and the development of Mingrelian writing is not encouraged). In 1939, together with Svans and Adjarians, in the All-Union census Mingrelians already appeared as Georgians, and in the box “nationality” the Mingrelians, as well as the Svans, Adjarians and Jews had to be written as “Georgians”. In Soviet times, to the question: “The life of which people is the shortest?” representatives of the Mingrelian nation responded: “Mingrelian. Because at 16 years of age the relevant entry in the passports of all of them is Georgian” (G. Gegelia, 25.09.1993 - from the archive of the newspaper “Soviet Russia”).
For a long time Mingrelians as a nation were suppressed by Georgian authorities, who imposed Georgian identity upon them, trying thereby to secure themselves from creating one more “problem ethnic region”. Nevertheless, in Abkhazian society there is a clear understanding that Gal residents are Mingrelians with their own language, culture and history.
Concerning ethnic cleansing it should be remembered that right after the end of the war in October 1993, at E. Shevardnadze’s invitation the Commission of the United Nations arrived in Abkhazia to monitor with the purpose of discovering the facts about ethnic cleansing. The government of Abkhazia did not interfere with the Commission’s work, but on the contrary rendered all assistance because it was interested in illumination of the real facts and the restoration of justice. In particular, during the period from October 22nd till October 27th 1993, Commission members had the possibility not only to interrogate witnesses and numerous victims, and to have a talk with civilians in their places of residence, but also to meet leaders of Abkhazia, representatives of internal affairs, justices, political scientists and legal experts.
As a result of the Commission’s work a detailed report was produced, where it is stated that in the course of war both parties had greatly violated human rights. “The civilians belonging to all ethnic groups became victims of infringements of human rights” is included in the Commission report, and this is not surprising, as unfortunately this is the result of any war.
The second document to which we refer is a Report of the Joint Mission of the United Nations on the situation researched in the Gal area, whilst carrying out monitoring of the situation in the area from November 20th-24th 2000, which did not discover any cases of ethnic cleansing.
In this connection, bewilderment is caused by reports from OSCE, which by the way has never conducted any monitoring on the territory of Abkhazia, about supposed ethnic cleansing and the mass exile of Georgians from the territory of Abkhazia. In particular, in the Lisbon report of OSCE of 1996 is stated: “We condemn ‘ethnic cleansing’ which resulted in mass destruction and the violent exile of mainly Georgian population in Abkhazia. Destructive actions of separatists, including creation of obstacles for returning of refugees and displaced persons…”
In the first place, the Georgian population was not expelled from Abkhazia by the Abkhazian authorities. They left Abkhazia together with the retreating Georgian army. Secondly, the Abkhazian side was the initiator of the unilateral returning of refugees to the territory. In the Report of the Joint Mission on the situation researched in Gal district, it is written: “… the Abkhazian side has started to put into practice its unilateral initiative with the purpose of legalizing returning to Gal area and also of conducting registration”. We will remind everyone that the document on returning of refugees to Gal district has been prepared for signing, but on the initiative of the Georgian side alone, its signing has been brought to naught.
7. Destruction of civil objects? Number of victims between 7th and 12th August, 2008?
The preventive measures taken to guard against the enemy entering onto the territory of Abkhazia
The operation of clearing the Kodori Gorge was conducted without victims. The Abkhazian authorities arranged everything so that civilians did not suffer. The artillery and aircraft did not subject residential buildings to damage, and that is also confirmed by the international observers.
It is necessary to note that the Georgian side has refused to discuss any conditions for a peaceful solution of the situation in Kodori Gorge, which the Abkhazian side offered even during the operation. Nevertheless, the Abkhazian forces provided a humanitarian corridor so as not to endanger people. On this matter, the words of former Field Commander Kvitsiani who was born and grew up in Dal (the historical Abkhazian name for Kodori Gorge is Dal, and the lower part of Kodori Gorge is Tsabal) seem interesting: “…Abkhazians, unlike Saakashvili’s government, have appeared much more fair and are keepers of their word. We had a gentlemen's agreement which was broken on neither side and relations also have been settled. Those people who do not lie only deserve trust, and he who do not change his word shows who the real man is, not a coward and a liar, like Saakashvili”, from interview to the newspaper ‘Pirveli’ from March 23rd, 2009. Right after the operation terminated, a Security Council of Abkhazia emergency session was called, where decisions were made and corresponding orders were given about the returning of all of the inhabitants, without exception, who left Kodori gorge during the military operation.
As for the Gal area, any population migration was not observed during the August events of 2008. The authorities did not ascribe the facts of arson of houses or other illegal actions for ethnic reasons to inhabitants of the Gal district.
8. Arrests of opponents
During the operation in the Kodori Gorge no opponents were arrested, and none were captured.
9. Destiny of persons missing since 1992 and assistance in the reunion of families
After the war of 1992-93 the Special Commission on Missing Persons was created. A similar commission was created by the Georgian side. Both sides actively co-operated in revealing relevant facts. Specialists who made identifications of remains of victims were invited. At an initial stage cooperation was effective enough, then gradually the activity of this commission lost its intensity. Today, both from the Abkhazian and Georgian sides there is still a considerable quantity of people who went missing, but their detection is not now possible. On the Abkhazian side there is an opinion that these people most likely have already perished.
As to the question of a reunion of families, it is necessary to underline that the Abkhazian side has never interfered with this process, and moreover, has undertaken all possible measures to solve this problem.
In the question of a reunion of families in Abkhazia, the International Committee of the Red Cross (ICRC), which has participated in this process since 1992, has been actively engaged. According to ICRC, 504 families have been reunited after the war of 1992-93 only through the efforts of this organisation. ICRC in Abkhazia also assists as a collector of information on missing persons. In 2007 with the assistance of ICRC the memorial book of missing persons in Abkhazia “Hope does not die” was published.
10. Investigations and proceedings since 1992
Retaliatory expeditions by Georgian troops into the territories of Abkhazian villages, especially on the Eastern Front, are known and documentarily verified. The methods of ethnic cleansing used by the Georgian military during the war of 1992-93 in Abkhazia were extremely severe and brutal - capture of hostages, murder of women, old men and children, and bombardment of whole villages by Georgian tanks, artillery and aircraft many times exceeding the Abkhazian insurgent groups in their military power. Cases are known (for example in the village of Adzubzha) when hostages were used as a live shield screening the movement of military troops. Robberies were extensively committed, as well as the arson of dwellings, and the social and economic infrastructure of Abkhazia was systematically annihilated. Abkhazian military men were not considered as prisoners of war. Repeatedly, some hours prior to the agreed date of exchange of prisoners, captured Abkhazians were executed, and photos and videos were coolly taken. Soldiers and officers of the Georgian army did not observe any international conventions of conducting a war. During the clearing of Georgian troops from the city of Ochamchira a considerable quantity of documentary material, including maps, circuit designs and detailed plans of how Georgia was preparing to fire nuclear weapons was found. For no clear reasons this fact until now has had no proper exposure or comments from any international organisations.
Documentary confirmation of the fact of genocide by the Georgian authorities, directed against the Abkhazian people, still waits for proper consideration by the higher international judicial bodies. Nazism as practiced in relation to the people of Abkhazia and the Abkhazian state, until now propagandised as the state ideology of Georgia, should be condemned by the world community.
11. Steps towards the restoration of justice, indemnity, and compensations to war victims
People who intend to return, or have already come back, to Kodori Gorge in Abkhazia after the events of August 2008 have the same rights and freedoms as other citizens of Abkhazia, including private property rights, as has been proved in the case of the people who have come back to Gal region. All inhabitants of Abkhazia constantly residing in its territory are not restrained in their rights, irrespective of citizenship.
In spite of the fact that refugees who have come back to Gal region were exposed to certain political pressure from Georgia (by the way, political pressure has not stopped even today), and so did not dare to take Abkhazian citizenship and passports, the Abkhazian authorities have made every effort to regain the trust of the people. Throughout the post-war years the Abkhazian authorities have tried to give the opportunity to all the inhabitants of Abkhazia to participate without exception in voting during presidential elections, parliamentary elections and other important state occasions. Now all the people who have come have the possibility of receiving Abkhazian citizenship and passports, but this occurs without any pressure. It is a free choice for each citizen of Abkhazia, for each person considering themselves an inhabitant of this country.
We have repeatedly invited our partners in the peacekeeping process, and numerous international organisations, to render us assistance and to make their proposals on the legitimizing of the people living in our territory without Abkhazian citizenship and passports. It was necessary to find a balanced decision to legalise their presence in Abkhazia. However, no realistic offers have followed, and under these conditions the Abkhazian authorities invited the inhabitants of the country to make their own choice. Today, according to the passport and visa service of the Ministry of Internal Affairs RA, from inhabitants of the Gal region of Abkhazia documents from 2108 persons have been accepted for consideration, and 583 passports have been issued.
