ECHR Starts Considering Individual Complaints Against Russia Regarding the 2008 War
By Khatia Bzhalava
Thursday, February 10, 2022
As the Young Lawyers' Association notes, the European Court of Human Rights has begun consideration of individual complaints against Russia in connection with the August 2008 war. In particular, ECHR has addressed Russia with questions regarding a total of 59 registered complaints, 12 of which have been sent by GYLA to represent the interest of 78 people.
As GYLA notes, according to the letter of the court, the Russian Federation has to answer questions before the European Court until May 2, 2022, in particular, whether it violated the right to protection of private and family life, property rights, freedom of movement and prohibition of discrimination.
With regard to the above articles, the court will consider whether the applicants have access to their property located in the occupied territories and whether the Russian Federation would be entitled to a violation of those rights against them.
In 2021 the ECHR announced its decision regarding the case Georgia v. Russia, stating Russia violated six articles of the European Convention on Human rights during the 2008 war and carried out ethnic cleansing of Georgians, obliging the country to pay Georgia ˆ10,000,000 for non-pecuniary damage suffered by a group of at least 1,500 Georgians.
It was noted in this decision that the majority of Georgian citizens who were forced out of their homes during the conflict continued to live in Georgian-controlled territory and were not allowed to return to their homes by the de facto authorities of Tskhinvali (so-called South Ossetia) and Abkhazia.
As GYLA noted, the court clarified that the de facto authorities of South Ossetia and Abkhazia, as well as the Russian Federation which exercises effective control over these territories, are obliged by the Convention to allow Georgian residents to return home.
