Recommendation on Ratification of UN Convention of “Protection of All Persons from Enforced Disappearance”
Public Defender of Georgia submitted a recommendation to the Ministry of Internal Affairs of Georgia and Parliament of Georgia in his parliamentary report for 2013 to commence a process of ratification of UN Convention on “Protection of All Persons from Enforced Disappearance” of 20th of December 2006.
This parliamentary report examines many cases of enforced disappearances on which investigations are still pending. The investigative bodies investigate the facts of enforced disappearance of Ossetians during the August War of 2008 and after this period as well.
The parliamentary report of Public Defender of Georgia for 2013 examines a case of Magamed Magamedov, who is a citizen of Russian Federation and disappeared on 19th of April 2013. According to the information spread by media, Magamed Magamedov is believed to be detained in the Russian Federation, and raises legitimate questions about his disappearance and later his imprisonment in the Russian Federation. According to the explanation of the members of his family, Magamed Magamedov requested a refugee status in Georgia due to accusation by prosecutors’ office of the Russian Federation.
It is important to note that the investigation is pending in Georgia according to the article 143 of the Criminal Code of Georgia, which envisages a liability for unlawful deprivation of liberty.
According to the Case Law of European Court of Human Rights, when it exist a case of prima facie that a person is disappeared by the state officials the burden of proof rests on the state and the latter is obliged to present convincing evidence proving non-violation of an article 2 of this Convention (right to life). Also, in such cases, the State is responsible to conduct a quick and effective investigation (Togcu v Turkey, application. no. 27601/95, 31 May 2005, para. 95; Malika Alikhadzhiyeva v Russia, application no. 37193/08, 24 May 2011, para. 91.).
It is important to bring Georgian legislation, in particular the Criminal Code of Georgia, in compliance with International Standards.
