ECHR Orders Russia to Pay Over 129 Million Euros to Georgia

In a recent ruling by the European Court of Human Rights (ECHR) on the case of Georgia v. Russia (II), the Court examined the question of just satisfaction (Article 41) concerning allegations made by the Georgian Government against the Russian Federation. The case revolved around administrative practices, in connection with the armed conflict between Russia and Georgia in August 2008, that violated various provisions of the Convention.

The ECHR, in its Grand Chamber judgment, unanimously held the following:

On Jurisdiction and Cooperation: The Court affirmed its jurisdiction to handle the applicant Government’s claims for just satisfaction under Article 41, despite Russia’s cessation of membership in the Council of Europe. The respondent Government’s failure to cooperate did not hinder the examination of the claims. The Court emphasized that “regarding the consequences of the respondent Government’s failure to participate in the proceedings, the Court observed that the cessation of a Contracting Party’s membership of the Council of Europe did not release it from its duty to cooperate with the Convention bodies”.

On Applicability of Article 41: Article 41 of the Convention was deemed applicable to the victims of various administrative practices, including the killing of civilians, torching and looting of houses, inhuman and degrading treatment, arbitrary detention, torture of prisoners of war, prevention of return, and failure to conduct adequate investigations.

The Court ordered Russia to pay over 129 Million Euros to Georgia as follows:

• EUR 3,250,000 for non-pecuniary damage suffered by a group of at least 50 victims of the killing of civilians and the failure to investigate adequately.
• EUR 2,697,500 for non-pecuniary damage suffered by a group of at least 166 victims of inhuman and degrading treatment and arbitrary detention.
• EUR 640,000 for non-pecuniary damage suffered by a group of at least 16 victims of torture.
• EUR 115,000,000 for non-pecuniary damage suffered by a group of at least 23,000 victims affected by prevention of return.
• EUR 8,240,000 for non-pecuniary damage suffered by a group of at least 412 victims due to the failure to effectively investigate deaths during the hostilities.

By a vote of nine to eight, the Court dismissed the remaining claims for just satisfaction.

The Georgian Government had submitted claims for just satisfaction, covering various categories of victims and seeking compensation for non-pecuniary damages. However, the Court clarified that specific claims were not related to the violations established in the original judgment.

The original judgment, delivered on January 21, 2021, had already established several violations by the Russian Federation, including killings of civilians, torching and looting of houses, inhuman and degrading treatment, arbitrary detention, torture, prevention of return, and failure to conduct adequate investigations.

Also Read:

• 10/03/2023 – ECHR Rules Russia Responsible for Violation of Human Rights by de-facto Abkhaz Authorities
• 19/11/2021 – ECHR to Consider Case Against Russia After Additional Evidence
• 29/01/2021 – ECHR’s Georgia vs. Russia Judgment – Why It Matters and What Comes Next
• 21/01/2021 –  Russian Justice Ministry on ECHR’s Georgia vs. Russia Case Ruling

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