Georgia wins case against Russia in ECtHR
By Nika Gamtsemlidze
Friday, January 22
According to the decision of the European Court of Human Rights Grand announced on January 21, Georgia has won the case related to the 2008 war against Russia. At the hearing held at 14:00 Tbilisi time, it was announced that the Court had satisfied all the basic requirements listed in the Georgian complaint.
According to Georgia’s appeal, during the armed conflict with Georgia in August 2008, the Russian Federation violated the following articles of the European Convention on Human Rights: The right to life (Article 2); Prohibition of torture, inhuman or degrading treatment or punishment (Article 3); The right to liberty and security (Article 4); The right to protection of private and family life (Article 8); Protection of property (Article 1 of Additional Protocol 1) and freedom of movement (Article 2 of Protocol No.4)
The statement of the European Court of Human Rights notes that Russia also violated article 38 by not cooperating with the Court. The statement also reads that Russia is controlling Georgia's Tskhinvali and Abkhazia regions and is responsible for the violation of human rights in the country. The Court also said that Abkhazia and Tskhinvali are territories of Georgia.
According to the official website of the European Court of Human Rights, the complaint was filed by Georgia on 11 August 2008 and was declared partially admissible by the court on 13 December 2011. The first hearing in the case was held in September 2011; The case was transferred to the Grand Chamber on 3 April 2012; Witnesses were heard in court on June 6-17, 2016; And the last discussion took place on May 23, 2018.
The issue of compensation for victims should be considered separately by the European Court of Human Rights. The parties have one year to submit their positions.
The leaders of Georgia have already commented on the decision of the ECtHR. The president of the country, Salome Zourabichvili noted this is a “historic decision and a huge victory for Georgia.” The President thanked the Ministry of Justice of Georgia and added that the ministry “played a crucial role in this”.
According to the Public Defender, the decision of the European Court of Human Rights on the August 2008 war is the most important tool for protecting the rights of citizens affected by the conflict.
Previously, Georgia has won a case against Russia in the European Court of Human Rights. It was a case involving Georgian citizens deported from Russia in 2006. The European Court of Human Rights made a ruling on this case in 2014. In January 2019 the Russian Federation was ordered to pay 10 million euros.
