EU Statement on the Secretary General's 26th consolidated report on the conflict in Georgia at the Committee of Ministers of the Council of Europe, 16 November 2022

1. The European Union welcomes the Secretary General’s twenty-sixth consolidated report on the conflict in Georgia. The EU remains convinced of the importance of this issue for the political agenda of the Council of Europe and encourages the Secretary General to continue the submission of such reports covering, inter alia, the question of human rights protection in the areas affected by the conflict in Georgia.
2. The EU deplores that no effort has been made to implement the Deputies’ decisions on the conflict in Georgia, including the latest one adopted on 4 May 2022, and requests their implementation without further delay.
3. The EU strongly condemns Russian Federation’s recognition of the so-called independence of South Ossetia and Abkhazia and its illegal military presence, increased military exercises, infrastructure reinforcements and "borderization" in the Georgian regions of Abkhazia and South Ossetia. Such actions demonstrate a lack of respect for the sovereignty and territorial integrity of its neighbours and for the rules-based international system.
4. The EU is deeply concerned by reports that the Russian Federation is actively trying to mobilise residents of the Georgian regions of Abkhazia and South Ossetia for the military service as a part of the ongoing “partial mobilisation” in the context of Russian war of aggression against Ukraine.
5. We recall the landmark judgment of the European Court of Human Rights of 21 January 2021 in the case of Georgia v. Russia (II), which clearly concludes that after 12 August 2008 the Russian Federation, exercising effective control over Georgia’s South Ossetia and Abkhazia, violated numerous provisions of the European Convention on Human Rights. The Russian Federation must ensure proper follow-up of the ruling, including, as foreseen in the ruling itself, through an adequate and effective investigation into the crimes committed during the active phase of hostilities, as well as during the period of occupation, and to hold all those responsible for human rights violations accountable.
6. We note the 30 June 2022 arrest warrants issued by the International Criminal Court in relation to three individuals from the de facto authorities of South Ossetia, Georgia, believed to bear responsibility for war crimes during the August 2008 conflict.
7. The EU deplores the dire human rights and security situation in the Georgian regions of Abkhazia and South Ossetia. While we acknowledge that crossings are taking place on a significant scale across the Abkhaz Administrative Boundary Line (ABL) and while we welcome the partial reopening of two crossing points on the South Ossetian ABL, we deplore continued restrictions and violations of the freedom of movement that are detrimental to the security, safety and well-being of the local population. We call for the immediate and full reopening of all “crossing points” and urge to release all those illegally detained along the Administrative Boundary Lines (ABLs) without delay.  Immediate access to the Georgian region of South Ossetia should also be provided to humanitarian organizations.
8. The EU denounces continuous discrimination of Georgians on the grounds of ethnicity in both Georgian regions of Abkhazia and South Ossetia. We remain deeply concerned about various restrictions on freedom of movement, residence rights, work and property rights, as well as access to services and education in one’s native language in both entities.
9. The EU remains deeply concerned about the impunity surrounding grave human rights violations in conflict-affected areas, which continue to undermine human security. The EU reiterates its call for a proper investigation and for justice to be served in relation to the tragic deaths of Georgian nationals Archil Tatunashvili, Giga Otkhozoria, David Basharuli, Irakli Kvaratskhelia and Inal Jabiev, as well as for the immediate release of illegally detained Georgian citizens Irakli Bebua, Kristine Takalandze, Asmat Tavadze, Mamuka Chkhikvadze, and all other illegally detained persons.
10. The EU deeply regrets that no progress could be reported regarding voluntary, safe, dignified and unhindered return of internally displaced persons and refugees based on internationally recognized principles.
11. The EU expresses its deep concern with respect to the preparation of a so-called transfer of the Bichvinta estate in Abkhazia, Georgia, to the Russian Federation on a 49-year lease.
12. We welcome the Georgian government’s commitment to peace policy. We encourage Georgia to make efforts towards the elaboration of the “State Strategy for De-Occupation and Peaceful Conflict Resolution”. We also welcome Georgia’s initiatives to maintain the contacts with people in its regions of Abkhazia and South Ossetia, including through the doctor-to-doctor co-operation.
13. The EU remains highly committed to supporting peace building and conflict resolution in Georgia. We continue to believe that the Geneva International Discussions (GID) and the Incident Prevention and Response Mechanisms (IPRMs) are key platforms in this regard. We will continue to engage in the work of the EU Monitoring Mission (EUMM), which is the only legitimate international presence on the ground. We also support Council of Europe Confidence-Building Measures and encourage their continuation.
14. The EU encourages the relevant Council of Europe bodies to continue their active engagement, including through the Council of Europe Action Plan for Georgia 2020-2023, in the areas affected by the conflict in Georgia, in cooperation with other international mechanisms and organizations. The EU regrets that the delegation of the Secretariat, the Council of Europe monitoring bodies and Commissioner for Human Rights have not been granted access to the Georgian regions of Abkhazia and South Ossetia and calls on the authorities exercising effective control to facilitate their access to these regions.
15. In conclusion, we reiterate our unwavering support for the independence, sovereignty and territorial integrity of Georgia within its internationally recognized borders and demand that Russia fulfil its obligations under the EU-mediated ceasefire agreement of 12 August 2008 and its subsequent implementing measures of 8 September 2008.

The following countries align with this statement: Albania, Andorra, Bosnia and Herzegovina, Georgia, Iceland, Liechtenstein, Republic of Moldova, Monaco, Montenegro, North Macedonia, San Marino and Ukraine