Russia must pay 129 million euros to Georgia within three months in compensation for violations resulting from the 2008 invasion. This is stated in the additional decision of the European Court of Human Rights (ECHR) on the Georgia’s lawsuit against Russia over the 2008 war. It should be noted that the main 2021 ECtHR ruling did not cover the issue of compensation.
The Court declared itself competent to examine Georgia’s claim for compensation, despite the fact that following the invasion of Ukraine in 2022, Russia was expelled from the Council of Europe and ceased to be a state party to the European Convention on Human Rights.
It should be noted that Moscow states that it will only execute ECHR decisions that were issued before March 15, 2022, although the Council of Europe states that Russia is obliged to comply with ECHR decisions. ECHR rendered in cases accepted by the court. to be considered before September 16, 2022.
Who is entitled to compensation
According to the ECHR decision, of the total amount of compensation, 115 million euros are due to Georgian citizens (about 23,000 people) who cannot return to their homes in the Tskhinvali region and the Kodori Gorge, in Abkhazia.
Russia is also required to pay Georgia 3,250,000 euros in connection with the killing of 50 civilians after the end of the active phase of the war.
At the same time, according to the decision of the ECHR, 2,697,500 euros are due as compensation to 166 people who suffered illegal detentions and inhuman treatment in the basements of the Ministry of Interior in Tskhinvali during the period from August 10 to August 27, 2008.
16 Georgian prisoners of war, who were tortured in Tskhinvali between August 8 and 17, 2008, should receive 640,000 euros in compensation.
Simultaneously, the Court decided that EUR 8,240,000 was owed in reparations to 412 Georgian citizens who suffered as a result of the Respondent State’s failure to adequately and effectively investigate deaths that occurred during the active phase of the war. .
Georgian trial
Initially, Georgia filed a complaint against Russia before the ECHR on August 11, 2008. At the same time, the interstate application in its final form was submitted to the ECtHR on February 6, 2009. In this document, Georgia accused Russia of carry out illegal actions against civilians and their property in Abkhazia and South Ossetia by the Russian armed forces and separatist military formations controlled by them.
Russia has denied involvement in the violations Georgia has accused it of, arguing that Tbilisi’s allegations were unfounded.
The ECtHR published its judgment in this case on January 21, 2021. It indicates that after examining the case “Georgia v. Russian Federation”, the court concluded that after the fighting in 2008, Russia had violated six articles of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
In particular, the ECHR confirmed the occupation of Georgian territories by Russia, as well as Russia’s responsibility for the expulsion of Georgians and the deprivation of their right to return to their homes, the torture of Georgian prisoners of war, the inhuman treatment of citizens, the violation of their right to life. Thus, the ECHR declared Russia responsible for the violations of the following articles: the right to life (article 2); prohibition of torture and punishment, inhuman or degrading treatment (art. 3); the right to liberty and security (art. 5); the right to protection of private and family life (art. 8); protection of property (Article 1 of the First Additional Protocol); freedom of movement (Article 2 of Protocol No. 4).
These violations extend to the events that followed the ceasefire of August 12, 2008. By eleven votes to six, the judges of the ECtHR ruled that the events that occurred between August 8 and 12, 2008 did not under the jurisdiction of the Russian Federation.
It should be noted that this is Georgia’s only accusation against Russia in this case, with which the ECHR disagreed.
Reaction in Tbilisi
Georgia’s Justice Ministry called the ECtHR’s additional compensation ruling “another historic victory” in the 2008 Russian invasion case.
In the ruling party Georgian Dream, he noted that the decision of the European Court of Human Rights had been obtained, among other things, thanks to the “efforts and excellent work” carried out by the party.
The opposition United National Movement (UNM), which was in power during the Russian invasion in 2008, says the ECHR ruling confirms once again that Russia is an aggressor country.
“The decision of the Strasbourg court was late, but the main thing is that justice prevailed… This decision makes it clear that Georgia was the first victim, then, going unpunished, Russia continued its anarchy in Ukraine “, estimates the UNM.
Moscow has yet to comment on today’s ECHR decision.
Recall that as a result of the Russian-Georgian war, in 2008 Russia recognized the independence of two Georgian regions – Abkhazia and South Ossetia – and transferred additional troops and weapons to its military bases in these territories. All states in the world – with the exception of Venezuela, Nicaragua, Nauru and Syria – regard these regions as the territory of Georgia, which is under Russian occupation.
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