Communicated on 5 February 2021 Published on 8 March 2021

FIRST SECTION

Application no. 31726/14 Aleksandre MEKARISHVILI and Others against Russia (see list appended)

STATEMENT OF FACTS

1 . A list of the applicants, all of them Georgian nationals, and the relevant details of the application are set out in the Appendix.

2 . The facts of the cases, as submitted by the applicants, may be summarised as follows.

3 . Following the armed conflict in August 2008 (see Dzhioyeva and Others v. Georgia ( dec. ), nos. 24964/09, 20548/09 and 22469/09, § 14, 20 November 2018 ), construction of barbed wire fences began along the so ‑ called administrative boundary line with the territory of Tskhinvali Region (South Ossetia [1] ). These activities affected the previously undisputed parts of the Georgian territory, including the plots of land belonging to the applicants. In particular, in so far as the village of Dvani was concerned, the construction intensified in September-October 2013.

4 . Plots of land owned by the applicants, varying in size from 0.3 to 1.5 hectares, used as pastures or cultivated for agricultural purposes, were divided by the barbed wire fences, restricting the applicants ’ access to their property and their ability to use or otherwise dispose of it.

COMPLAINTS

5 . The applicants complain under Article 1 of Protocol No. 1 that the Russian military alone and/or in cooperation with the South Ossetian military units set up a barbed wire fence “border” along the applicants ’ villages, dividing their lands, resulting in the applicants ’ inability to use their property.

6 . The applicants additionally complain that their inability to access their property freely has been in breach of their right of liberty of movement, as guaranteed by Article 2 of Protocol No. 4. They further complain about the lack of an effective domestic remedy at their disposal for their complaints under Article 1 of Protocol No. 1 and Article 2 of Protocol No. 4, as required by Article 13 of the Convention.

QUESTIONS TO THE PARTIES

1. Did the facts of which the applicants complain in the present cases occur within the jurisdiction of Russia?

Have the Russian authorities been involved, directly or indirectly, in setting up and/or maintaining the barbed wire fences referred to by the applicants?

2. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention (see also Aksoy v. Turkey , 18 December 1996, §§ 51-53, Reports of Judgments and Decisions 1996 ‑ VI)?

3. Did the applicants have “possessions” within the meaning of Article 1 of Protocol No. 1? If so, can they be considered the legal owners (or holders of other rights in rem ) of the relevant plots of land?

4. Has there been an interference with the applicants ’ peaceful enjoyment of possessions within the meaning of Article 1 of Protocol No. 1? If so, was that interference justified in terms of this provision?

5. Has there been a violation of the applicants ’ right to liberty of movement, as guaranteed by Article 2 of Protocol No . 4?

6. Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 1 of Protocol No. 1 and Article 2 of Protocol No. 4, as required by Article 13 of the Convention?

APPENDIX

Application no.

Case name

Lodged on

Applicant

Year of birth

Place of residence

Represented by

31726/14

Mekarishvili and Others v. Russia

11/04/2014

Aleksandre MEKARISHVILI

1933 , Dvani Village

Tsitsino MURACHASHVILI

1958 , Dvani Village

Tristan MAMAGULASHVILI

1961 , Dvani Village

Davit CHUKHRUKIDZE

1965 , Dvani Village

Mariam KOKOSHVILI

1957 , Dvani Village

Givi MAKHACHASHVILI

1941 , Dvani Village

Leri KAULASHVILI

1963 , Dvani Village

Ramaz MEDOIDZE

1964 , Dvani Village

Murtaz MAMAGULASHVILI

1969 , Dvani Village

Zaal AKHALKATSI

1963 , D vani Village

Robinzon KOPADZE

1937 , Dvani Village

Ivane KOPADZE

1962 , Dvani Village

Merab MEKARISHVILI

1961 , Dvani Village

Vasil MAKHACHASHVILI

1968 , Dvani Village

Nodar MAMAGULASHVILI

1954 , Dvani Village

Gugula KOPADZE

1954 , Dvani Village

Akaki MAMAGULASHVILI

1961 , Dvani Village

Zaur MAMAGULASHVILI

1959 , Dvani Village

Noshrevan KOKOSHVILI

1937 , Dvani Village

Ms N. Jomarjidze of the Georgian Young Lawyers ’ Association (GYLA);

Ms J. Evans, Ms J. Gavron, and Mr P. Leach of the European Human Rights Advocacy Centre (EHRAC).

[1] The term “South Ossetia” refers to the region of Georgia which is beyond the de facto control of the Georgian government.