Interim Resolution CM/ResDH(2023)489

Execution of the judgments of the European Court of Human Rights

Georgia v. Russia (II)

(Adopted by the Committee of Ministers on 7 December 2023 at the 1483 rd meeting of the Ministers’ Deputies)

Application

Case

Judgment of

Final on

38263/08

GEORGIA v. RUSSIA (II)

21/01/2021

28/04/2023

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 although the Russian Federation ceased to be a High Contracting Party to the Convention on 16 September 2022, it remains bound by obligations under the Convention, including to implement judgments of the Court, in accordance with Article 58 of the Convention, recalling further that the Committee of Ministers continues to supervise the execution of the judgments and friendly settlements concerned (Resolution of 22 March 2022 of the Court and Resolution CM/Res(2022)3 );

Recalling that in its judgment the European Court established the jurisdiction of Russia over Abkhazia and South Ossetia during the occupation phase in the context of the armed conflict between the Russian Federation and Georgia in August 2008;

Recalling further that the Court found the existence of administrative practices contrary to:

- Articles 2, 3 and 8 of the Convention and Article 1 of Protocol No. 1 as regards the killing of civilians, who had been targeted as an ethnic group, and the torching and looting of houses in Georgian villages in South Ossetia and in the “buffer zone”;

- Article 3 of the Convention as regards the conditions of detention of Georgian civilians by South Ossetian forces in the basement of the “Ministry of Internal Affairs of South Ossetia” and the humiliating acts which had caused them suffering and had to be regarded as inhuman and degrading treatment;

- Article 5 of the Convention as regards the arbitrary detention of the above Georgian civilians;

- Article 3 of the Convention as regards the acts of torture in South Ossetia against Georgian prisoners of war;

- Article 2 of Protocol No. 4 as regards the inability of Georgian nationals to return to their respective homes in South Ossetia and Abkhazia;

Recalling that the Court found also a violation of Article 2 of the Convention in its procedural aspect on account of the failure of the Russian Federation to carry out an adequate and effective investigation not only into the events which had occurred after the cessation of hostilities (following the ceasefire agreement of 12 August 2008) but also into the events which had occurred during the active phase of hostilities (8 to 12 August 2008); and a violation of Article 38 of the Convention as regard the failure to furnish all necessary facilities to the European Court in its task of establishing the facts of the case;

Recalling further that in its judgment on just satisfaction of 28 April 2023, the European Court held that the respondent State is to pay the applicant Government, within three months, over EUR 129 million for non-pecuniary damages to different groups of victims in relation to several breaches of the Convention and that these amounts should be distributed by the applicant Government to the individual victims under the supervision of the Committee of Ministers within 18 months of the date of the payment or within any other time-limit considered appropriate by the Committee of Ministers;

Noting that the deadline for the above payment expired on 28 July 2023 and, regretting that no payment has yet been made; underlining further that the default interest continues to accrue on the amount awarded by the European Court and that on 5 December 2023, the total amount owed by the Russian Federation was EUR 133 358 630,15;

Firmly deploring furthermore despite the Committee’s previous indications and the letters of 9 December 2022, 9 March 2023 and 7 June 2023 of the Secretary General of the Council of Europe to the Minister of Foreign Affairs of the Russian Federation informing him of the decisions and resolutions adopted by the Committee and urging the Russian authorities to comply with their obligations under international law and the Convention to fully abide by the judgments of the European Court, the persistent lack of information on the concrete measures taken or envisaged by the respondent State to execute this judgment, with the exception of its dissemination to competent state bodies;

Firmly reiterating once again, having regard to the scale and nature of the grave violations found, the necessity for the respondent State to take urgent and tangible measures to ensure cessation as well as elimination of the root cause of these violations and to avoid their repetition;

UNDERLINED that there is an unconditional obligation under Article 46, paragraph 1, of the Convention to pay the just satisfaction awarded by the Court;

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

EXHORTED AGAIN the authorities to thoroughly, independently, effectively and promptly investigate the serious crimes committed during the active phase of hostilities as well as during the period of occupation, so as to identify all those responsible for the purposes of bringing the perpetrators to justice;

FIRMLY REITERATED AGAIN its profound concern about the inability of Georgian nationals to return to their homes in South Ossetia and Abkhazia and its insistence that the Russian Federation, which has effective control over these regions, ensures without delay measures to prevent kidnapping, killing, torture or any other incident which impedes the free and safe movement of Georgian nationals and ensures the safe return of persons wishing to return to their homes;

CALLED UPON ONCE AGAIN the authorities to provide information on the measures put in place to ensure that similar violations of Article 38 do not occur in the future;

DECIDED to resume consideration of this case at its 1507 th meeting (September 2024) (DH).