Interim Resolution CM/ResDH(2022)146

Execution of the judgments of the European Court of Human Rights

Georgia v. Russia (I)

(Adopted by the Committee of Ministers on 10 June 2022 at the 1436 th 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 ( CM/Res(2022)2 ), recalling also that the Committee of Ministers will continue to supervise the execution of the judgments and friendly settlements concerned ( CM/Res(2022)3 ), underlining further that the Russian Federation is required to implement them;

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;

Underlining that the deadline for payment expired on 30 April 2019 and reiterating its profound concern that no payment has yet been made despite the passage of over three years;

Recalling its previous decisions adopted in this case, in particular at its 1416 th regular meeting welcoming the Russian authorities’ and Georgian authorities’ written confirmation that they were ready to sign, without delay, Memoranda of Understanding to enable payment of the just satisfaction together with default interest accrued to take place through a Council of Europe bank account held in escrow;

Recalling further its decision adopted at its 1419 th meeting noting with satisfaction that the Secretary General of the Council of Europe and the Georgian authorities had signed the Memorandum of Understanding and looking forward to the swift signature by the Russian authorities and the payment of the funds to the Council of Europe bank account held in escrow in the shortest possible timeframe and in any event by the end of 2021, as well as to the completion of the remaining steps to execute the Court’s judgment as soon as possible;

Recalling, finally, that the Russian authorities signed the Memorandum of Understanding on 17 December 2021;

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;

DEEPLY DEPLORED that the Russian authorities have not provided any updated information about the process of payment for the present meeting, despite their unconditional obligation and also their signature of the Memorandum of Understanding in December 2021;

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

NOTED the Russian authorities’ indications in the action report submitted on 17 February 2022 concerning migration policy and related detention and expulsion procedures;

CONSIDERED that those developments alone cannot fully respond to the root causes of the problem raised by the judgment, namely a coordinated unlawful policy involving, inter alia , the police, the Federal Migration Service and the courts that was implemented in the Russian Federation at the relevant time;

REGRETTED therefore that, based on the limited information available, it is not possible to draw any conclusions that a similar unlawful administrative practice may not be implemented in the future, and this particularly in the absence of the payment of the just satisfaction or any timeframe for the same set out in the action report;

INVITED authorities of the member States to explore all possible means to ensure execution of the present case;

DECIDED to resume consideration of this case at its 1443 rd meeting (September 2022) (DH).