The European Court of Human Rights (ECHR) has ordered Russia to pay 130,000 euros in the case of the murder of Georgian citizen Giga Otkhozoria.
The complaint was filed over the killing of 30-year-old Giga Otkhozoria on May 19, 2016, in the zone of the Georgian-Abkhazian conflict. Otkhozoria’s family members believed that the second article of the European Convention on Human Rights, which has to do with the right to life, was violated concerning Gigi.
The Strasbourg Court found that the Russian Federation not only violated the second article of the Convention but also failed to fulfill its obligations under Article 38, as it did not submit the relevant materials of the criminal case to the court.
Giga Otkhozoria, 30, was killed on May 19, 2016, near the village of Khurcha, in Georgian-controlled territory near the dividing line. Abkhazian border guard Rashid Kagji-ogly fired six bullets at him.
The moment of the murder was captured by a surveillance camera, which shows Giga Otkhozoria and Rashid Kagji-ogly arguing over goods that Otkhozoria was attempting to smuggle something across the dividing line. After the argument, Kagji-Oglu left the checkpoint, moved toward the village of Khurchi, and shot the unarmed Otkhozoria multiple times.
In absentia, a Georgian court sentenced Rashid Kagji-ogly to 12 years in prison.
The military prosecutor’s office of Abkhazia initiated an investigation into the case. The Abkhazian court placed the accused under house arrest as a preventive measure.
However, in April 2017, criminal prosecution against Kagji-Oglu was terminated, and the case was closed. According to military prosecutor Adgun Agrba, there were no signs of a crime because the Georgian side did not provide Sukhumi with the necessary materials for the case.
Currently, Rashid Kagji-Oglu is wanted by Interpol. The de facto Abkhazian authorities refuse to extradite him to the Georgian authorities.
In January 2018, the Georgian Young Lawyers Association, on behalf of the Okhtozoria family, appealed to the European Court of Human Rights.
Despite the unlikelihood of Russia actually paying, its significance remains paramount. Put simply, without delving into legal intricacies, the self-proclaimed border guard trespassed into our controlled territory, resulting in the death of one of our citizens. The European Court has held the Russian Federation accountable for this incident.
While debates persist on whether Georgia should engage directly with Abkhazians, it’s crucial to note that even the European Court has identified Russia as the responsible party for every action undertaken by Abkhazians.
The lawyer representing the Ohtozoria family, Giorgi Tabatadze, asserts, ‘Russia exerts complete control over their actions, extending its influence even into territories under our control.’
