PROTOCOL ON THE JOINT GROUP (JG) on
detection and investigation of the facts of violation of the
1. legal basis
1. 1. Agreement on a Cease-fire and separation of
Forces signed in
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
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
(Archive of the Staff of the State Minister of Georgia for Conflict
Resolution Issues/in Russian)