EСtHR Obliged Russia to Pay about 130 Million Euros for Violations after Attack on Georgia

Friday, 28 April 2023

The European Court for Human Rights (ECtHR) has ordered Russia to pay about 130 million euros in compensation to Georgia for violations and damages caused to citizens adue to the Russian invasion in 2008.

The Grand Chamber of the ECtHR has passed an additional decision in the case of Georgia v. Russia regarding the 2008 war in the part concerning just compensations under Art. 41 of the European Convention on Human Rights and which was not covered by the main decision of 2021.

The court found that it had jurisdiction under Article 58 of the Convention to deal with the applicant Government's claims for just satisfaction.

The case refers to cases of murder of the Georgian civilian population, administrative practice of torture of civilians and prisoners of war, arbitrary deprivation of liberty in the basements of the so-called "Ministry of Internal Affairs of South Ossetia", looting, the policy of preventing the return of Georgians to their homes in the Tskhinvali region (South Ossetia) and Abkhazia, absence adequate investigation by the Russian side of the cases of human deaths.

The ECtHR has decided that the defendant country – Russia – should pay Georgia within three months, 3,25 million euro in respect of non-pecuniary damage suffered by a group of at least 50 victims of the administrative practice of killing of civilians in Georgian villages in South Ossetia and in the "buffer zone". Georgia claimed a total of 116 cases, but only 50 of them were upheld – the other 66 victims died during the five days of the "active phase of the war," which the court excluded from its jurisdiction in the 2021 ruling. There is no such restriction regarding Ukraine.

In addition, Russia is ordered to pay 2,697,500 euros in respect of non-pecuniary damage suffered by a group of at least 166 victims of the administrative practice of inhuman and degrading treatment and arbitrary detention of Georgian civilians held by the South Ossetian forces in the basement of the "Ministry of Internal Affairs of South Ossetia" in Tskhinvali.

640,000 euros is awarded in connection with cases of torture of Georgian prisoners of war by armed groups of South Ossetia in Tskhinvali on August 8-17, 2008.

The largest amount of compensation – 115 million euros – was awarded in connection with the administrative practice of preventing the return of Georgian citizens to their homes in the occupied territories, which affected at least 23 thousand people.

Another 8.24 million euros was awarded in connection with non-material damages for at least 412 victims of the respondent Government's failure to comply with their procedural obligation to carry out an adequate and effective investigation into the deaths that had occurred during the active phase of the hostilities

The Court also dismissed, by nine votes to eight, the remainder of the applicant Government's claims for just satisfaction.

As a result, the total amount that the Russian Federation was obliged to pay to Georgia is 129.8 million euros.

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