ECHR Holds Russia Responsible for Giga Otkhozoria Murder

In a December 19 decision, the European Court of Human Rights (ECHR) ruled that Russia bears responsibility for the death of Giga Otkhozoria, who was fatally shot on Tbilisi-controlled territory by Abkhazia occupation forces. The court ordered the respondent State, Russia, to pay the applicants a total sum of EUR 130,000 for non-pecuniary damage and EUR 9,265.15 for costs and expenses within three months of the judgment’s finalization.

Regarding the case the Russian Government stated: “The Russian forces were stationed in Abkhazia with a view to deterring and if necessary repelling any Georgian aggression; they were absolutely not there to exercise police powers over the population or in general …. The support that Russia had been providing to Abkhazia had been in its capacity as an intermediary and facilitator in efforts to resolve the ethnic conflict in Georgia”.

The applicants, who are immediate family members of Giga Otkhozoria, contended that their relative’s murder falls under Russia’s jurisdiction based on both the “spatial” and “personal” concepts developed by the Court in its case-law. Specifically, they claimed that “by virtue of the military, political and economic support that it afforded de facto Abkhazia ‑ Russia had jurisdiction over Abkhaz territory and the actions carried out by the de facto authorities there”. Backing the applicants, the Georgian Government  referred to the Court’s findings in the case of Georgia v. Russia (II), and stated that the Grand Chamber of the Court had finally determined that Russia had had effective control over Abkhazia.

The European Court of Human Rights (ECHR) aligned with the applicants’ position, declaring that Russia failed to fulfill its obligations under Article 38 of the Convention, which pertains to the examination of the case. The ECHR determined a violation of both the substantive and procedural aspects of Article 2, focusing on the right to life.

Also Read:

• 12/10/2022 – 3 Members of ‘Gagra Group’ on Otkhozoria-Tatunashvili List Found Guilty
• 9/05/2022 – Georgia Marks Six Years Since Otkhozoria Murder

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