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Statement of Public Defender about International Day of the Victims of Enforced Disappearances

The 30th August is an International Day of the Victims of Enforced Disappearances. Public Defender of Georgia pays the tribute to the victims of enforced disappearance, expresses his condolence to their families and relatives and urges the Government of Georgia, also the de facto authorities of Sukhumi and Tskhinvali to cooperate to seek the whereabouts of persons who have been disappeared and to assist their families.

According to the Rome Statute of the International Criminal Court and UN International Convention for theProtectionof All Persons fromEnforcedDisappearance, enforced constitutes a crime against humanity. In the modern world, the enforced disappearance sometimes is used as a deliberate practice to suppress the dissent or opposing party in conflict situations.

An issue of enforced disappearances is still acute in Georgia and mainly related to the armed conflict. As a result of armed conflicts of 1990’s, more than of 1500 ethnic Georgians, 200 ethnic Abkhazians and ethnic 100 Ossetians are considered missing. 6 Ossetians and 35 Georgians are missing since 2008 war.

Citizens often address the Office of Public Defender to request the information on the whereabouts of their missing relatives’ and to call for the investigation of the disappearance cases. An uncertainty about the fate of the relatives is a cruel reality for the family members - they do not know whether their dear relatives are alive or not and do not forget the tragic events which changed their lives. Although, the criminal investigation on some cases is underway, the decision over the majority of the cases is pending.

On 20 March 2013, Public Defender of Georgia has recommended the Chief Prosecutor of Georgia to conduct an effective and intensive investigation on the criminal cases of enforced disappearances and to ensure adequate measures on those cases which have not yet been investigated.

In these circumstances, the ratification of the “Convention for theProtectionof All Persons fromEnforcedDisappearance” is highly important for Georgia. One the one hand, the convention will contribute to the prevention of such practice in Georgia, and on the other hand, its ratification will give a clear signal that Georgian state is fighting against this crime.

We welcome that 1st August 2014 parliamentary resolution, based on the Report of the Public Defender on the Protection of Human Rights and Fundamental Freedoms in Georgia for 2013, which recommends the Chief Prosecutors’ Office to investigate thecases of alleged crimes committed during and after the hostilities 2008, including the cases of enforced disappearances. In addition, the Parliament has recommended to the Ministry of Foreign Affairs of Georgia to start a process of ratification of the UN December 20, 2006 International Convention for the Protection of all Persons from Enforced Disappearance.

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