PROTOCOL ON THE JOINT GROUP (JG) on detection and investigation of the facts of violation of the Moscow Agreement of 14 May 1994 and on the politically motivated unlawful activities

1. legal basis

1. 1. Agreement on a Cease-fire and separation of Forces signed in Moscow on 14 May 1994 (Moscow Agreement)

1. 2. Decision of the 5th Session of the Coordinating Council (paragraph 2), held on 2 September 1998.

1. 3. The First Working Group of the Coordinating Council on non-resumption of armed activities and security issues is responsible to set up and run the JG, can be convened by the Head Military observer of the UNOMIG on behalf of the Special Representative of the UN Secretary General.

1. 4. This Protocol is aimed at elaborating the procedures for functioning of the JG. It is meant that the basic principle will be immediate detection and investigation of the fact and circumstances of the incident.

1. 5. All members of the JG shall refrain themselves from the activity that is not in compliance with the nature and tasks of work.

2. Composition

2. 1. JG comprises of the nominated representatives of the Georgian and Abkhaz sides (3 from each) and the representatives of the UNOMIG and CPKF of the CIS.

2. 2. The verification shall be started with participation of the sides’ representatives and the representative of the side where incident took place must be present.

The refusal of the side in the process of verification shall be discussed at and adequately assessed by the session of the Coordinating Council.

2. 3. The report on the results of verification shall describe the reasons of absence of the side, which didn’t participate in the process of verification.

2. 4. The person in a highest position at the UNOMIG is the head of the JG.

3. Competences.

3. 1. The Joint Group will investigate the facts of violation of the Moscow Agreement of 14 may 1994, subversive and terrorist acts, as well as unlawful conduct against the peaceful population.

Presence of the political motivation of subversive and terrorist acts, as well as of unlawful conduct against the peaceful civilians will be determined by the JG in the report of the Principal Military observer of the UNOMIG based on the decision taken through the consensus.

3. 2. After receiving the declaration on the facts of violation of the Moscow Agreement of 14 May 1994, the JG exercises its competences in the Security zone and in the restricted-weapon Zone, and the declaration on political motivation of the subversive and terrorist acts, as well as unlawful conduct against the peaceful civilians- in the Security Zones.

3. 3. The  Joint Group submits the recommendations to the Coordinating Councel and to the Sides on possible means to prevent the further incidents.

                4.Convocation.

4. 1. The Chief Military observer of the UNOMIG convenes the JG when necessary and upon the request of any side of the conflict or CPKF of the CIS.

4. 2. The member of the  JG shall inform the PMO UNOMIG about the nature of the incident.

4. 3. Upon the receipt of the declaration the PMO UNOMIG, if necessary, taken measures to convene the members of the JG at the scene of incident.

5. Communication and interaction.

5. 1. The Sides-member of  this Protocol shall submit the written approval on assignment of the Group members within 7 days after the signing of the protocol.

5. 2. The Sides-member of  this Protocol shall nominate liaison officers to keep contact and those  who could be involved in the operation of the JG.

5. 3. The law-enforcement agencies of the side where the incident took place shall protect the incident scene in coordination with the CPKF of the CIS and UNOMIG before arrival of the JG.

If the SPFK of the CIS or the UNOMIG recceive the information regarding an incident before law-enforcement agencies of the sides, they shall protect the scene of incident and potencial evidence with further notification of local authorities.

6. Functioning of the JG

6. 1. The appointed members of the JG shall enjoy the authority on free movement to the place of incident.

6. 2. The Joint Group comes to the incident scene in order to collect the information that may include photos, drawings and interview of eyewitnesses.

6. 3. CPKF of the CIS in coordination with the representatives of the Side shall assure the security of the JG members while they are attending the incident scene.

6. 4. The UNOMIG shall provide English interpreter for the work of the JG.

6. 5. The conclusions and recommendations of the JG shall be reflected in the written report.  The report shall be submitted to the UNOMIG and all the JG members approve the accuracy of the report upon its completion.

If any of the JG member doesn’t agree with the prepared report, after signing the report by other members, she/he shall give detailed written explanation of the disagreement together with alternative conclusions.

7. Conclusions

7. 1. The original of the written report shall be forwarded to the PMO UNOMIG and to the Coordinating Council for further discussion.

From the Georgian Side V. Lordkipanidze

From the Abkhaz Side V. Tsugba

From the UNOMIG D. Boden

From the CPKF of the CIS S. Korobko

19 January 2000

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)