1482nd Meeting of the Committee of Ministers (29 November 2023), EU Statement on the Secretary General's 28th consolidated report on the conflict in Georgia

1. The European Union welcomes the Secretary General’s twenty-eighth consolidated report on the conflict in Georgia.

2. The EU reiterates its support to the Reykjavík Summit Declaration, which calls on the Russian Federation to comply with its international obligations and to withdraw its forces from Georgia and reasserts Council of Europe member States’ unwavering support for Georgia’s sovereignty, independence and territorial integrity, within its internationally recognised borders. The EU deplores that no effort has been made by the Russian Federation in response to these calls nor in implementing previous Committee of Ministers decisions on "The Council of Europe and the conflict in Georgia".

3. The EU strongly condemns the Russian Federation’s illegal military presence in the Georgian regions of Abkhazia and Tskhinvali region/South Ossetia, recognition of the so-called independence of these regions, increased military exercises, infrastructure reinforcements and ongoing "borderization" in these Georgia’s regions. The EU expresses strong concern about Russia’s reported plans to establish a permanent naval base of its Black Sea Fleet in Georgia’s region of Abkhazia.

4. In this context, the EU keeps note of the judgement of the European Court of Human Rights of 7 March 2023 on Mamasakhlisi and others v. Georgia and Russia, according to which Russia had exercised effective control and decisive influence over the area prior to 2008.  

5. The EU recalls 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 hold all those responsible for human rights violations accountable. In its judgement of 28 April 2023 on just satisfaction, the Grand Chamber of the Court ruled that the Russian Federation is to pay Georgia, in respect of damage suffered by the victims.

6. We note the 30 June 2022 arrest warrants issued by the International Criminal Court in relation to three individuals believed to bear responsibility for war crimes during the August 2008 war.

7. The EU deplores the dire human rights and security situation in the Georgian regions of Abkhazia and Tskhinvali region/South Ossetia. 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 “Administrative Boundary Lines crossing points” and the release of all those illegally detained along the Administrative Boundary Lines without delay. Immediate access to Tskhinvali region/South Ossetia should be provided to humanitarian organisations.

8. The EU denounces continuous discrimination of Georgians on the grounds of ethnicity in both Abkhazia and Tskhinvali region/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. In this context, the EU strongly condemns the killing of a Georgian citizen, Tamaz Ginturi, by the Russian forces on 6 November 2023.

10. The EU remains deeply concerned about the impunity surrounding grave human rights violations in conflict-affected areas. The EU reiterates its call for a proper investigation and for justice to be served in relation to the tragic deaths of Georgian nationals as well as for the immediate release of illegally detained persons, some of them suffering from severe health conditions.

11. 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 recognised principles.

12.  The EU supports the Georgian Government’s efforts to engage with as many people and actors as possible across the dividing lines with a view to build bridges for exchanges and cooperation. 

13. The EU remains highly committed to supporting stabilisation and conflict resolution in Georgia. We will continue to engage in the work of the EU Monitoring Mission (EUMM), which is the only legitimate international presence on the ground monitoring the 12 August 2008 ceasefire agreement. We 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 Plans for Georgia 2020-2023 and 2024-2027, in the areas affected by the conflicts, in cooperation with other international mechanisms and organisations. The EU regrets that the Council of Europe secretariat, monitoring bodies and Commissioner for Human Rights have not been granted access to Abkhazia and Tskhinvali region/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 recognised borders and demand that Russian Federation fulfils its obligations under the ceasefire agreement of 12 August 2008 and its subsequent implementing measures of 8 September 2008.

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