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The European Court of Human Rights (ECtHR) ruled on Tuesday that Russia must pay Georgia over 253 million euros as a result of severe human rights breaches that arose due to the Russian “borderisation” process between the breakaway regions of Abkhazia, South Ossetia, and the territory controlled by the Georgian government.
The court ordered Russia to commence payment within three months from the date on which the judgment becomes final, in line with Article 44 §2 of the European Convention on Human Rights (ECHR). This amount shall be distributed by the Georgian government to the individual victims.
In light of the mass atrocities committed by Russian forces, the sum of reparations was considered proportionate to the non-pecuniary losses incurred by victims. Arrests under the guise of “border violations” were perpetrated by Russian authorities, where the use of force against detainees was disproportionate in nature. The court further held Russia liable for incidents in which 20 ethnic Georgians had lost their lives while attempting to travel via alternative routes into the region to access their pensions or essential medication. Additionally, Russia’s non-compliance with Article 2 of the Convention, which obligates state parties to carry out an “adequate and effective investigation” into the background of these tragedies, provided solid justification to the court in ruling against the country.
Concerning the list of 166 alleged victims of the administrative practice of ill-treatment by Russian or de facto Abkhaz and South Ossetian agents of ethnic Georgians following their arrest, Georgia had demonstrated that the list of actual victims was actually much higher. This constituted a violation of the procedural obligation under Article 3 ECHR to carry out an adequate and effective investigation regarding cases of ill-treatment. This illustrates the widespread and systematic nature of violations committed against the ethnic group.
This latest ECtHR decision is a continuation of an earlier set of landmark cases brought by Georgia against Russia. In the principal judgment on the merits delivered on the April 9, 2024, the court had pinpointed the existence of various administrative practices in direct contravention of the ECHR. These practices were unlawful restrictions on day-to-day movement, and the denial of the right to education to Georgian children. As a result of restrictions in place, Georgian children had to travel long distances to get a Georgian schooling, instead of Russian education.
Russia left the Council of Europe (CoE) in 2022, and debate surrounding the enforceability of this judgment has grown rife, especially in light of Russia’s previous flouting of ECtHR judgments even while it was still a member. As established by the Council of Ministers of the CoE, the Russian Federation is still bound to its obligations under the Statute of the Council of Europe regarding any fact prior to the cessation of membership.
The post ECtHR orders Russia to provide just satisfaction to Georgia over human rights violations appeared first on JURIST - News.
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The court ordered Russia to commence payment within three months from the date on which the judgment becomes final, in line with Article 44 §2 of the European Convention on Human Rights (ECHR). This amount shall be distributed by the Georgian government to the individual victims.
In light of the mass atrocities committed by Russian forces, the sum of reparations was considered proportionate to the non-pecuniary losses incurred by victims. Arrests under the guise of “border violations” were perpetrated by Russian authorities, where the use of force against detainees was disproportionate in nature. The court further held Russia liable for incidents in which 20 ethnic Georgians had lost their lives while attempting to travel via alternative routes into the region to access their pensions or essential medication. Additionally, Russia’s non-compliance with Article 2 of the Convention, which obligates state parties to carry out an “adequate and effective investigation” into the background of these tragedies, provided solid justification to the court in ruling against the country.
Concerning the list of 166 alleged victims of the administrative practice of ill-treatment by Russian or de facto Abkhaz and South Ossetian agents of ethnic Georgians following their arrest, Georgia had demonstrated that the list of actual victims was actually much higher. This constituted a violation of the procedural obligation under Article 3 ECHR to carry out an adequate and effective investigation regarding cases of ill-treatment. This illustrates the widespread and systematic nature of violations committed against the ethnic group.
This latest ECtHR decision is a continuation of an earlier set of landmark cases brought by Georgia against Russia. In the principal judgment on the merits delivered on the April 9, 2024, the court had pinpointed the existence of various administrative practices in direct contravention of the ECHR. These practices were unlawful restrictions on day-to-day movement, and the denial of the right to education to Georgian children. As a result of restrictions in place, Georgian children had to travel long distances to get a Georgian schooling, instead of Russian education.
Russia left the Council of Europe (CoE) in 2022, and debate surrounding the enforceability of this judgment has grown rife, especially in light of Russia’s previous flouting of ECtHR judgments even while it was still a member. As established by the Council of Ministers of the CoE, the Russian Federation is still bound to its obligations under the Statute of the Council of Europe regarding any fact prior to the cessation of membership.
The post ECtHR orders Russia to provide just satisfaction to Georgia over human rights violations appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.