ECHR: Russia Responsible for Unlawful Detention of Two Georgian Men in Abkhazia

On December 19, the European Court of Human Rights ruled in the case of O.J. and J.O. v. Georgia and Russia that Russia had violated the rights of two Georgian men during their unlawful detention in the occupied Georgian territory of Abkhazia on March 15, 2012. As part of its decision, the Court has directed the Russian Federation to compensate the applicants. Within three months, the Russian Federation is mandated to pay each applicant EUR 16,000, along with any applicable taxes, as compensation for non-pecuniary damage.

The applicants alleged ill-treatment, lack of a fair trial and lack of an effective remedy. Both applicants were released on 10 March 2016, following the negotiations with the de-facto Abkhaz authorities in May 2015.

The Russian Government objected to the applications’ admissibility, claiming that that the applicants had failed to properly apply and citing a delay in filing. The Court dismissed these objections.

In assessing the complaints under Article 6 §§ 1 and 3 of the Convention, which guarantee the right to a fair trial, the Court found that the de-facto Abkhaz courts did not qualify as a “court established by law”. This resulted in a violation of Article 6.

The applicants also argued that Georgia was aware of the violations since 2012 but took no measures until May 2015. the Court considered that the Georgian authorities had taken the appropriate measures within their power to continue to guarantee the rights and freedoms under the Convention to those living in Abkhazia. Moreover, they had made it possible for Mr. O.J. and Mr. J.O. to be released after ten months of focused and intensive negotiations.

The Court holds that there has been a violation of Article 5 (right to liberty and security) of the Convention in respect of the applicants by the Russian Federation, while no violation is found by Georgia. The Court concludes that there has been a violation of Article 6 by the Russian Federation, with no violation identified by Georgia.

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