ECHR to Consider Case Against Russia After Additional Evidence

On November 18, the European Court of Human Rights, having examined applications of Jioshvili and others — Georgians hailing from occupied Tskhinvali Region/South Ossetia — against Russia, allowed for further proceedings based on prima facie evidence.

The Court — having decided to join the applications — will re-examine the admissibility of the application, which argues that Russia, in the aftermath of the 2008 August War, has been violating the European Convention on Human Rights, among others, by barring the Georgian nationals from accessing their homes and property.

Rights Georgia, a Tbilisi-based civil society organization, representing over 400 Georgian nationals behind 59 applications to the Court, explained today, that the ECHR indicated a decision on the admissibility required additional evidence over Russia’s breaches of the Convention, namely, its Article 8 – Right to respect for private and family life, Article 13 – right to an effective remedy and Article 14 – Prohibition of discrimination, as well as Article 1 of Protocol No. 1 (Protection of property) and Article 2 of Protocol No. 4 (Freedom of movement).

The Strasbourg-based court ruled however the applicants’ claims inadmissible with regards to violations of Article 2 (Right to life), Article 3 (Prohibition of torture), Article 4 (Prohibition of slavery and forced labor), Article 5 (Right to liberty and security), and Article 7 (No punishment without law).

The applicants argued that as a result of the 2008 August war between Russia and Georgia, their homes and other property were damaged or destroyed and that they do not have access to their homes and property to this day. They have also pointed to the absence of an effective domestic remedy for their grievances and having suffered discrimination in the enjoyment of their Convention rights.

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