On August 6, TV Obiektivi aired a video clip of the “Alliance of Patriots”, where the party leaders called the population for the direct dialogue with Russia and for the participation in the manifestations of the Alliance of Patriots planned in September-October 2017. One of the member of “the Alliance of Patriots”, Emzar Kvitsiani speaks of problematic character of the 4th article of the law in the video clip. According to Kvitsiani, it makes Georgians, Abkhazians and Ossetians lose each other for good.
Emzar Kvitsiani, Alliance of Patriots: “In 2008, Saakashvili and Bokeria gave out Sokhumi and Tskhinvali for good, adopted the Law on Occupied Territories, the 4th article of which makes Georgians, Abkhazians and Ossetians lose each other for good.”
The Law on Occupied Territories adopted on October 23, 2008, is unacceptable for the Kremlin, just like the Alliance of Patriots, which is documented by the statements of the political figures from the Ministry of Foreign Affairs of Russia (see the infographic). Connecting the 4th article of the law to the relations of Georgians, Abkhazians and Ossetians is groundless, as it implies to restrict freedom of movement of those individuals that do not recognize the territorial integrity of Georgia.
What does the Article 4 of the Law on Occupied Territories regulate?
The Article 4 of the Law on Occupied Territories defines terms in which cases are foreign nationals and non-residents allowed to enter the occupied territories. The Law itself determines the status of the regions occupied after the Russian aggression and establishes special legal regime for them. According to the law, emergency mode is in action on the occupied territories, as well as a special legal regime, which implies a special regime regarding the free movement, carrying out of economic activity, signing agreements on real estate and other issues listed in the law. According to the Article 4, a foreign national or a non-resident individual is allowed to enter the occupied territories only in the following cases:
a) To the territory of the Autonomous Republic of Abkhazia – via Zugdidi municipality;
b) To the territory of Tskhinvali region (former Autonomous District of South Ossetia) – via Gori municipality.
According to the Item 2 of the same Law, entering the occupied territories from any other direction is prohibited for the foreign nationals and non-resident individuals and is punishable in accordance with the Criminal Code of Georgia.
The Item 3 of the Article 4 also determines those exception cases when the occupied territories can be accessed with a special pass. Such pass can be issued based on the rules set by the legal act of the Government of Georgia, if it serves:
“State interests of Georgia, peaceful conflict resolution, de-occupation, confidence-building between the families affected by the war or humanitarian goals.”
The exceptions listed in the Item 4 of the Article 4 include the entrance of the occupied territories with the aim of providing humanitarian aid to the local population, indicating that the Law does not concern the relations between people, but rather aims to restrict expansionist policy of Kremlin in the future.
How efficiently does the Government of Georgia use the Law of Georgia on the Occupied Territories?
In May 2017, a former Mayor of Moscow, Yuri Luzhkov, who publicly recognizes Abkhazia and Samachablo, travelled in Tbilisi. The fact was followed by criticism from the opposition and particular groups of society, as the violation of the Law on the Occupied Territories had been revealed in this case. A special petition, calling the Government of Georgia for the enactment of the Law on the Occupied Territories, was created.
In 2009, the former Mayor of Moscow, Yuri Luzhkov, violating the Law on the Occupied Territories and without the prior agreement of the Government of Georgia, travelled to the occupied Sokhumi and Tskhinvali. Then, the Foreign Ministry of Georgia denounced the visit of Luzhkov to Tskhinvali and evaluated it as a violation of the state border and an attempt to legitimize the puppet regimes created by Russia on the occupied territories. Yuri Luzhkov visited Sokhumi without any prior agreement from Tbilisi on July 20, 2006, as well, even before the Law on the Occupied Territories was adopted. This was followed by a protest note from the Foreign Ministry of Georgia.
How does the Government of Ukraine react to those individuals who do not recognize the occupation of Crimea?
On May 6, 2017, Ukrainian border guards arrested and did not let into the country a photo correspondent of Russia Today, Ramil Sidikov, as he was travelling to Crimea without an official permit from Kyiv. According to Anton Gerashenko, the Advisor of the Minister of Internal Affairs of Ukraine, the journalists who travelled to Crimea without the permit would not be allowed to attend the Eurovision song contest. On March 22, 2017, the Security Service of Ukraine banned Yulia Samailova, a Russian participant of the Eurovision 2017, from entering the country for three years, because she participated in a concert which took place in Crimea in 2015.
Who is Emzar Kvitsiani?
Emzar Kvitsiani is an MP of the 9th Parliament of Georgia and a member of the Alliance of Patriots, a political party. Emzar Kvitsiani’s page on the webpage of the Parliament of Georgia indicates that he was a political refugee from July 25, 2006 to February 28, 2014.
On February 28, 2014, Emzar Kvitsiani returned to Georgia from Moscow and was arrested in Tbilisi Airport. A case had been launched against him during the rule of the United National Movement – Regional Court of Zugdidi accused him of creating and heading illegal armed formations (Article 223, Part 1) and forcibly changing the constitutional order of Georgia (Article 315, Part 3) and sentenced him to 12 years in prison.
On January 28, 2015, Kutaisi Court of Appeals freed Emzar Kvitsiani via plea bargain from the court room. He became a member of the Alliance of Patriots the same year.
In 2000-2004, Emzar Kvitsiani was a State Trustee of the ex-President of Georgia, Eduard Shevardnadze and the Head of a militarized group “Monadire” (Hunter) in Kodori Gorge, which was a part of the Ministry of Defense of Georgia from 2002. In 2005, following the decision of the Minister – Irakli Okruashvili, Hunter was canceled. On July 22, 2006, Emzar Kvitsiani announced an armed disobedience against the Government. On July 25, the Government of Georgia launched a special operation in Kodori, so Emzar Kvitsiani fled from Georgia and found a safe haven in Russia. He was sentenced to prison in absence and was declared wanted. In an interview with the First Channel of Russia, Emzar Kvitsiani accused the Government of Georgia of using hired mercenary killers in the special operation. According to him, Americans participated in the given process, as once he unmasked one of the participants of the special operation, he turned out to be black.
Emzar Kvitsiani, militarized group Hunter: “This was a war, not a special operation. The Government was using mercenary killers. I unmasked one of them and he turned out to be black. Therefore, Americans are against us.” (First Channel of Russia)
