Interim Resolution CM/ResDH(2022)254

Execution of the judgments of the European Court of Human Rights

Georgia v. Russia (I)

(Adopted by the Committee of Ministers on 22 September 2022 at the 1443 rd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

13255/07

GEORGIA v. RUSSIA (I)

03/07/2014

31/01/2019

Grand Chamber

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Recalling that the Russian Federation has ceased to be a member of the Council of Europe as from 16 March 2022 (Resolution CM/Res(2022)2 ), recalling also that the Committee of Ministers will continue to supervise the execution of the judgments and friendly settlements concerned (Resolution CM/Res(2022)3 ), underlining further that the Russian Federation is required to implement them, deeply deplored that no information has been provided by the authorities for the present meeting;

Recalling further that in its judgment on just satisfaction, of 31 January 2019, the European Court of Human Rights held that the respondent State is to pay the applicant government, within three months, EUR 10,000,000 in respect of non-pecuniary damage suffered by a group of at least 1,500 Georgian nationals, and that the applicant government is to set up an effective mechanism for the distribution of the just satisfaction sums to the individual victims of the violations found in the principal judgment;

DEEPLY DEPLORING the absence of response of the Russian authorities to two interim resolutions, CM/ResDH(2022)55 and CM/ResDH(2022)146 , reiterated again its profound concern that the payment of the just satisfaction and default interest accrued has not been made despite the passage of over three years since the deadline for payment expired on 30 April 2019;

FIRMLY REITERATED AGAIN its insistence on the unconditional obligation under Article 46, paragraph 1, of the Convention to pay the just satisfaction awarded by the Court;

STRESSED AGAIN that delay in fulfilling this obligation deprives the individual victims of the violations from receiving compensation for the damages suffered by them;

EXHORTED AGAIN the Russian authorities to pay the just satisfaction, together with the default interest accrued, without any further delay;

INVITED ONCE AGAIN the authorities of the member States to explore all possible means to ensure execution of the present case, and instructed the Secretariat to present proposals for a strategy for the supervision of the execution of cases pending against the Russian Federation; noted in that regard the proposals examined in CM/Inf/DH(2022)18 and that they will remain under close scrutiny and be re-examined by the Committee in light of any developments;

DECIDED to resume consideration of this case at their 1451 st meeting (December 2022) (DH).