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OTHER / Statement

The grave legal situation in the occupied territories

At the end of 2019, the difficult human rights situation and humanitarian crisis of people living in Akhalgori were particularly problematic. On September 4, 2019, de facto authorities of South Ossetia closed the checkpoint (the so-called Razdakhtan checkpoint), creating a severe social and humanitarian situation for Georgians and Ossetians living in Akhalori. The checkpoint is still closed. In isolation, locals have limited access to adequate medical care, pensions and food. They fell out of contact with their families living in Georgia and found themselves in complete isolation, especially this concerns the elderly. Young people were denied the right to education. Tragic deaths of several people have been reported in Tskhinvali due to the lack of proper medical services. It is noteworthy that on December 2, the de facto regime of South Ossetia softened the regime on the closed border at Akhalgori and made it possible for the severely ill and pensioners to cross the checkpoint, with special lists. However, this decision concerns a limited number of people and many locals still face significant social challenges.

The crisis was further aggravated by the detention of Dr. Vazha Gaprindashvili, on November 9, 2019, who still remains in the detention facility in Tskhinvali. Linking Vazha Gaprindashvili to the Russia-Georgia War in 2008, by the Tskhinvali De Facto regime, and the doctor's non-recognition of the so-called border, create risks that the case will be given a political connotation, which increases the risk of ill-treatment and longer detention of Dr. Gaprindashvili.

It should be noted that despite number of recommendations made by the human rights actors, the Georgian Government has not addressed the European Court of Human Rights to request the use of a provisional measure (Article 39 of European Court Rules) in response to the difficult situation in Akhalgori and largely relied on the political and diplomatic mechanisms, which has not led to a significant result so far.

The persecution of Tamar Merakishvili, who lives in Akhalgori, by the de facto regime of South Ossetia, has been a problem throughout the year. Despite the local court repeatedly suspending Tamar Merakishvili's investigation, the de facto Prosecution is resuming the investigation and launching new proceedings. The lack of substantiation and the content of the charges against Tamar Merakishvili, show the political nature of the ongoing criminal prosecution against her. According to Tamar Merakishvili, the Georgian authorities have not taken adequate measures in the international format to get much needed support for her case.

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