Grand Chamber ruling concerning an inter-State application

Published in Justice
Thursday, 21 January 2021 15:43

The Court has delivered its judgment in the inter-State case of Georgia v. Russia (II) concerning allegations by the Georgian government that certain administrative practices of the Russian Federation had breached the Convention, in the context of the armed conflict between the two States in August 2008.

In the Court’s view, the events which took place during the active phase of the hostilities (8 to 12 August 2008) did not fall within the jurisdiction of the Russian Federation. However, it held that the Russian Federation had exercised “effective control” over South Ossetia, Abkhazia and the “buffer zone” during the period from 12 August to 10 October 2008, the date of the official withdrawal of the Russian troops. After that period, the strong Russian presence and the South Ossetian and Abkhazian authorities’ dependency on the Russian Federation indicated that there had been continued “effective control” over South Ossetia and Abkhazia. The Court therefore concluded that the events occurring after the cessation of hostilities – that is, following the ceasefire agreement of 12 August 2008 – had fallen within the jurisdiction of the Russian Federation. It found a number of violations of the Convention.

Press release: https://www.echr.coe.int/Documents/Press_release_Georgia_Russia_2_ENG.pdf

Source: https://www.echr.coe.int/Pages/home.aspx?p=home&fbclid=IwAR1t7WOPvpgKTCb6r41DRbQvLs43jD_PHL04QrasKorRKVtSmCYUmuDwAO0 

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