European court hears individual cases against Russia over August 2008 war

ECHR hearings in cases of Georgian citizens v Russia

According to the Georgian Young Lawyers Association (GYLA), the European Court of Human Rights has begun hearings in individual cases of Georgian citizens over the 2008 war.

This means that the Russian Federation must explain whether the articles of the European Convention for the Protection of the Person and the Family, Property, Freedom of Movement and Non-Discrimination have been violated in relation to the applicants.

The Court sent questions to the Russian Federation on 59 individually submitted applications (Dzhioshvili v. Russian Federation and 58 other applications). “Among the pending cases are 12 complaints that concern the protection of the interests of 78 people”, the GYLA said in a statement. Russia has until May 2, 2022, to answer questions from the court.

GYLA defends the rights of more than 350 people affected by the August 2008 war in Strasbourg.

• August 8 Russian-Georgian war: testimonies of Georgian and Ossetian survivors
• The 2008 war over South Ossetia: How it all happened
• Living in the conflict zone: War is bitter. I survived it both as a child and when I got old. Video

On January 21, 2021, the European Court of Human Rights announced the final decision in the case of Georgia v. Russia.

The court found Russia responsible for violating six articles of the European Convention on Human Rights against Georgian citizens, including violations of the right to life, as well as torture, arson and destruction of private property.

Georgia accused Russia of violating Article 8 of the European Convention during the August war. In particular, Georgia claimed that Russia violated the right to life during the war and in the post-war period, resorted to torture and inhuman and degrading treatment of citizens of Georgia, violated the right to freedom and personal integrity, protection of private and family life, protection of property, the right to education and freedom of movement.

The Strasbourg Court clearly distinguished between the active hostilities that took place between 8-12 August, and the events that took place on 12 August, after the signing of the ceasefire agreement.

The Strasbourg court almost completely satisfied the claim of Georgia regarding the actions of Russia after August 12.

The European Court of Justice has ruled that Russia had exercised “effective control” over the conflict zone since August 12 and that Russia was responsible for violating six articles of the Convention on Human Rights, including the right to life, as well as torture, and inhuman treatment.

The court did not satisfy the claim of Georgia related to the events that took place during the active phase of hostilities (from 8 to 12 August 2008), because it could not confirm Russia’s “effective control” during this period.