The phenomenon of enforced disappearance carries universal nature which leads to serous and grave violation of human rights. According to the UN Convention for the Protection of All Persons from Enforced Disappearance and the Rome Statute of the International Criminal Court, enforced disappearance is recognized as a crime against humanity.

In modern world, enforced disappearance emerges as a powerful mechanism for repression of political opponents and punishment of rivals in conflict situations. The 2010 Report of the Council of Europe paid special attention to failure in conduction of independent, impartial and effective investigation into cases of persons’ disappearance in Georgia and need to determine circumstances of their disappearance in a reasonable timeframe.

In addition, the UN Human Rights Committee, in final comments issued regarding the 4th Periodic Report of Georgia, expressed its concern with respect to delay in investigation of facts of human rights violation during and after the armed conflict in Georgia in 2008 and identification and prosecution of offenders. According to the committee, the state should ensure independent, impartial and effective investigation of disproportionate and unscrupulous attacks, illegal detentions, torture and inhuman treatment, facts of destruction and confiscation of assets exercised towards civil population and other protected persons in order to bring to account offenders under the state jurisdiction, especially persons on high-rank positions and to prosecute them accordingly, and to render relevant assistance to injured party.

For the purpose of starting the ratification process of the above-mentioned convention and conduction of relevant activities aimed at incorporation of enforced disappearance crime into the national legislation, the Public defender addressed the President, the Parliament and the Ministry of Foreign Affairs of Georgia with a recommendation.

The Parliament of Georgia with its decree of August 1, 2014, shared recommendations of the Public Defender addressed to the state bodies and issued in the Situation in Human Rights and Freedoms in Georgia of the Public Defender 2013 Report. According to the decree of the Parliament, the Main Prosecutor’s Office of Georgia should ensure timely and effective investigation of cases of alleged offences committees during and following the war actions in 2008, including cases of persons disappeared without a trace, while the Ministry of Foreign Affairs of Georgia should start the process of ratification of the International Convention for the Protection of all Persons from Enforced Disappearance of December 20, 2006.

Against the background of large-scale disappearance in the conflict regions of Georgia, it is very important to ratify the International Convention for the Protection of all Persons from Enforced Disappearance in order to ensure that Georgia, as a member state, fulfils its jurisdiction on any acts of enforced disappearance, conduct an effective investigation and ensure suitable protection of rights of victims.

The Public Defender once again addresses the Ministry of Foreign Affairs of Georgia to launch the process of ratification of the International Convention for the Protection of all Persons from Enforced Disappearance.

International Convention for the Protection of All Persons from Enforced Disappearance

UN Human Rights Committee's Report of Georgia