Author: Elene Mindiashvili

In 2021, a total of 17 cases of illegal detention were reported near the occupation line of the Tskhinvali region and in the Tskhinvali region. In total, the de facto government of the Tskhinvali region and the Russian military forces detained 27 people, including 26 Georgians and one US citizen. Three Georgian citizens who were illegally detained in previous years, Lasha Khetereli, Zaza Gakheladze and Genadi Bestaev, were released in 2021. As of the latest data of the year, five Georgian citizens remain in the Tskhinvali prison: Zaza Megrelishvili, Tamaz Gogichashvili, Kakha Natadze, Valeri Kaniashvili and Mamuka Chkhikvadze.

Last year, cases of illegal detentions were reported on the territory under the control of the Georgian central government and in the de facto republic of the Tskhinvali region as well. The highest number of arrests was in Gori Municipality.

All illegally detained citizens were convicted under Article 322 of the Criminal Code, which provides for “crossing the state border” (meaning the occupation line). In several cases, Articles 317, 229.1 and 200.2 were incorporated. They use the Criminal Code of the Russian Federation in the Tskhinvali region.

In most cases, the duration of detention was up to a month, although the deprivation of liberty  was also observed for a relatively long period.

Last year, there were several facts of late dissemination of information about detentions (illegal arrests of Alan Japaridze, Gela Gochoshvili and Megrelishvili-Gogichashvili) by the Georgian State Security Service (SSS). This can be explained by several factors: the occupation regime may have delayed the launch of the hotline on the fact of detention and consequently, the Georgian side was not timely informed, or untimely disclosure of the facts of detention may have been an initiative of the Georgian side which was conditioned due to several reasons, including security factors.

Chronology of Detentions

 

January 10

On January 10, Alan Japaridze, 45, was detained in the vicinity of Tskhinvali, however the occupation regime launched the hotline on the arrest on April 21. Japaridze was accused of crossing the so-called border, for which he was sentenced to one year imprisonment. He was released and handed over to the Georgian side on May 14, after spending four months in prison.

Place of Detention:  Vicinity of Tskhinvali

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

February 2

On February 2, near the village of Gugutiantkari, the occupation forces detained Ramaz Begheluri, a resident of the same village, on charges of illegally crossing the “border,” and on January 9, the so-called Tskhinvali court sentenced him to two months in prison as a measure of restraint. Begheluri was released and handed over to the Georgian side after 2 months of detention.

Place of Detention:  Village of Gugutiantkari, Gori Municipality 

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

February 8

On February 8, near the Roki tunnel, at the Georgian-Russian state border, representatives of the occupation regime detained Erik Drulev, a resident of Gori. He was traveling to Vladikavkaz to visit relatives. Drulev was released on February 11 and handed over to the Georgian side.

Place of Detention:  Vicinity of the Roki Tunnel 

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

March 2

On March 2, on the occupied territory, adjacent to the village of Bershueti, Gori Municipality, representatives of the occupation regime illegally detained Malkhaz Doluashvili, a resident of the village Zerti of the same municipality, who was hunting. Doluashvili was released the next day in exchange for a fine.

Place of Detention:  Village of Bershueti, Gori Municipality 

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

June 26

On June 26, representatives of the occupation regime abducted two locals from the village of Akhalubani, while they were shepherding the grazing cattle. The occupation forces requested the shepherds to move  the cows. According to eyewitnesses, the Russian military deceived and accused the shepherds of border violation. The abducted shepherds were returned on the Georgian-controlled territory the same day.

Place of Detention:  Village of Akhalubani, Gori Municipality 

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

August 14

On August 14, the occupation forces detained Gela Gochoshvili. The information about the detention and the imposition of one year imprisonment as a measure of restraint to Gochoshvili became known to the Georgian side on September 27, before the start of the 102nd round of the Ergneti meeting. Gochoshvili was arrested on his way back from the occupied village of Akhmnaji. He was released on December 19, after spending 4 months in prison. According to him, he was not physically assaulted in the Tskhinvali prison.

Place of Detention:  Village of Akhmaji, Akhalgori Municipality 

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border; Article 200.2 of the Criminal Code:  Smuggling of Alcohol and (or) Tobacco Products.

 

August 27

On August 27, near the highland village of Ermani, the so-called Java district in the occupied Tskhinvali region, a US citizen Jackson Paul Kramer was detained on charges of violating the “border.” The American traveler planned to follow the main ridge of the South Caucasus and thus reach the Black Sea. As the Ossetian media wrote, Jackson Paul Kramer did not know about the existence of “South Ossetia.” Kramer met with Ossetian journalists in Tskhinvali and participated in an emergency press conference as well. He was released after spending 11 days in prison.

Place of Detention:  Village of Ermani in the so-called Java Region

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

September 16

On September 16, near the village of Kirbali, the occupation forces detained and took to the Tskhinvali isolator Zura Dotiashvili on charges of crossing the occupation line of the Tskhinvali region. According to the SSS, the hotline was launched and information on the illegal arrest was transferred to the EUMM. Dotiashvili was released on the same day of the abduction.

Place of Detention:  Village of Kirbali, Gori Municipality 

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

October 4

On October 4, near the occupation line on the territory of Ergneti, Gori Municipality, the occupation forces detained three Georgian citizens, IDPs from the Liakhvi gorge, Gogita Metreveli, Roma Gochashvili and Nikoloz Pekshvelashvili. Pekshvelashvili received physical injuries while trying to escape, so the next day, on October 5, he was transferred from Tskhinvali to a Gori military hospital by an ambulance. Two citizens detained together with Pekshvelashvili were released shortly, two days after their arrest, on October 6.

Place of Detention:  Village of Ergneti, Gori Municipality 

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

October 28

On October 28, two citizens of Georgia, Zaza Melikishvili and Valeri Gagnidze, were detained in the occupied village of Lopana. However, according to Davit Katsarava, the leader of the anti-occupation movement – Power is in Unity, who relies on eyewitnesses of the abduction and direct inspection of the location, the abduction took place on a Georgian-controlled territory near the Cheratkhevi River in the Cheratkhevi forest where the detainees, the Vaka village residents, were collecting firewood. According to the SSS, the Georgian side immediately launched the hotline. The detained citizens were released and handed over to the Georgian side the next day, on October 29.

Place of Detention:  Tcheratkhevi Forest, Khashuri Municipality 

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

November 16

According to the PEC news agency, a Georgian citizen Beka Kurtanidze illegally crossed the border of the “Republic of South Ossetia” and has stayed with his relatives until November 16. On November 16, he was arrested and transferred to the Tskhinvali prison. On November 25, the so-called Znauri District Court found him guilty and expelled him from the so-called Republic as a punishment.

Place of Detention:  The so-called Znauri Region 

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

December 1

On December 1, near the village of Vaneli in the so-called Java district, representatives of the occupation regime illegally detained Malkhaz Janelidze, a resident of Telavi. He was released on December 4. According to Janelidze, he crossed a banner marking the “border” for the purpose of moving to Russia for work and medical treatment. The detainee decided to go this way since he was deported from Russia. According to Janelidze, border guards physically assaulted him during the arrest.

Place of Detention:  Village of Vaneli, the so-called Java Region

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

December 10

On December 10, in the vicinity of the village Khurvaleti which is controlled by the Georgian central government, the occupation forces illegally detained two citizens of Georgia, Valeri Kaniashvili and Kakha Natadze.

Place of Detention:  Village of Khurvaleti, Gori Municipality 

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

December 12

On December 12, on the territory of the Georgian-controlled village of Nikozi, the occupation forces illegally detained Mamuka Chkhikvadze, a Georgian citizen. This case of the arrest is particularly noteworthy and unique as it was the first case of illegal detention which was filed in the Strasbourg court. The Russian Federation was formally requested information about the health and legal status of the detainee. Chkhikvadze is a former military serviceman and participant of numerous international missions.

Place of Detention:  Village of Nikozi, Gori Municipality 

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

December 15

On December 15, in the occupied village of Lopani, representatives of the occupation regime detained residents of Avlevi, Zaza Megrelishvili and Tamaz Gogichashvili, on charges of illegal “border” crossing and smuggling. The detainees were sentenced to 2 months imprisonment as a preventive measure. The allegation of smuggling is not new in the chronology of illegal detentions, although the Megrelishvili-Gogichashvili case is noteworthy since both Georgian and Ossetian media reports about the arrest appeared only on December 27, two weeks after the arrest.

Place of Detention:  Village of Lopani, so-called Znauri Region

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border; Article 200.2 of the Criminal Code:  Smuggling of Alcohol and (or) Tobacco Products.

 

December 24

On December 24, four Georgian citizens living in the village of Adzvi, Gori Municipality, Giorgi Demurishvili, Giorgi Markozashvili, Ramin Mchedlishvili and Avtandil Tomashvili, were illegally detained on their way to the St. George's Church in the occupied village of Adzvistavi. As the official web-page of the SSS reports, all four citizens were released the next day.

Place of Detention:  Village of Adzvistavi, the so-called Tskhinvali Region

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

December 29

On December 29, two Georgian citizens, Nika Bezhitashvili and Kviria Elizbarashvili, were detained in the village of Gremiskhevi. The detainees confirm that the abduction took place on the Georgian-controlled territory, in the “fear zone.” Both citizens were released the next day, on December 30.

Place of Detention:  Village of Gremiskhevi, Dusheti Municipality 

Qualification of a “Crime”:  Article 322 of the Criminal Code:  Illegal Crossing of the State Border

 

Citizens Released

In 2021, the de facto authorities of the Tskhinvali region released several Georgian citizens who were illegally detained in previous years:

Lasha Khetereli

On June 30, 2020, Lasha Khetereli, an IDP from the Liakhvi gorge, who was illegally detained in the vicinity of the village of Otrevi of the so-called Tskhinvali region and sentenced to an year in prison, was released on June 17, 2021. Khetereli has been previously arrested several times for so-called illegal border crossing.

Zaza Gakheladze

Zaza Gakheladze was detained in the vicinity of the Skhvilo Fortress, near the village of Kvemo Chala, Kaspi Municipality, on July 11, 2021. He was released on July 14. Earlier, the de facto Supreme Court of the Tskhinvali region found Zaza Gakheladze guilty of two counts of “attempting to endanger the life” of a military servicemen and “illegally crossing the state border” and sentenced him to 12 years and six months in prison. Gakheladze was released after a prisoner swap for a Russian citizen, Vadim Gobozov.

Gennady Bestaev

On November 21, 2019, Gennady Bestaev was detained near the village of Zardiantkari, Gori Municipality. The so-called court of Tskhinvali sentenced him to 3 years imprisonment. On November 15, 2021, shortly before the expiration of his imprisonment term, Gennady Bestaev was released due to his deteriorating health condition.