ECHR Finds Georgia's War-Related Case Against Russia Admissible

Report
from United Nations Association of Georgia
Published on 19 Dec 2011 View Original

European Court of Human Rights (ECHR) declared as admissible an inter-state application lodged by Georgia against Russia in connection to the August, 2008 war.

“The Court’s admissibility decision in no way prejudges the merits of the Georgian government’s complaints. The Court will deliver its judgment at a later date,” the Strasbourg-based court said on December 19.

Georgia appealed ECHR on August 11, 2008, a day before the ceasefire agreement was signed with Russia and the final, formal inter-state application was filed in February, 2009 alleging that Russian military forces and separatist forces under their control carried out indiscriminate and disproportionate attacks against civilians and their property in breakaway Abkhazia and South Ossetia.

Georgia's Case vs. Russia Fails to Proceed on Merits in ICJ

Georgia accuses Russia of breaching eight clauses of the European Convention on Human Rights, involving right to life; prohibition of torture and of inhuman or degrading treatment; right to liberty and security; right to respect for private and family life; right to an effective remedy; protection of property; right to education and freedom of movement.

Russia dismisses allegations as unjustified and not confirmed by “admissible evidence”. Russia claims that its military forces did not launch attacks but defended the civilian population of South Ossetia against Georgian offensive.

The Strasbourg-based human rights court held a hearing to decide whether to consider Georgia’s case against Russia on merits on September 22.

Apart of this inter-state case, ECHR has also received a large number of individual applications in connection to the August war. According to the court 1,712 individual applications are currently pending against Georgia. Further 208 individual applications, involving more than 900 applicants, have been lodged against Russia and in addition, 20 individual applications are pending against both Georgia and Russia.

Georgia also has a separate inter-state application against Russia filed to the European Court of Human Rights; the complaint was filed by Georgia in 2007 in connection to deportation of hundreds of ethnic Georgians by Russia following a spy row between the two countries. The complaint has already been found by ECHR as admission and the case is currently under deliberation by the court on its merits.

United Nations Association of Georgia:
© UNA-Georgia