Brief Information on The Inter-State Applications of The Government of Georgia Against The Russian Federation
The Georgian Government has filed two inter-state applications against the Russian Federation before the European Court of Human Rights.
The first application of the Georgian Government against the Russian Federation was filed on 26 March 2007 in response to the measures of reprisal by the Russian authorities against Georgian nationals in the Russian territory. The retaliatory policy of the Respondent was directed at the harassment of the Georgian immigrant population with the objective of their expulsion.
The application covers various types of alleged violations of a repetitive pattern, including inhuman and degrading treatment and punishment, infringements upon the right to liberty and security, right of respect for private and family life, the right to the peaceful enjoyment of possessions etc. In certain instances, arrest followed by detention in unbearable conditions resulted in severe consequence - death of three Georgians.
On 16 April 2009 the Court held public hearings regarding the admissibility of the Application for the examination on the merits. On 30 June 2009 the European Court declared the case admissible. Currently, the merits of the case are being examined.
The Georgian Government filed the second inter-state application against the Russian Federation to the European Court of Human Rights alleging the violations of the Convention in the context of August 2008 armed conflict and the subsequent occupation. The Georgian Government presented to the Court a large amount of evidence of widespread and systematic violations of the Convention committed directly by or otherwise with the support of the Russian military servicemen or by the members of subordinated armed formations of the de facto regime in the areas under the Russian effective control. The application specifically refers to the alleged violations of the right to life, prohibition of torture, right to liberty and security, right to property, right to education, freedom of movement, etc.
The Court's attention was first drawn to the alarming situation on the ground on 11 August 2008. The updates about ongoing violations have periodically been provided ever since. Full application with a large amount of accompanying materials was submitted on 6 February 2009. On 10 March 2010 the Government filed additional comments on admissibility of the application.
In September 2011, the Court will hold hearings on admissibility of the given application.
Importantly, based on the request of Georgian Government and information submitted, on 12 August 2008 the Court found that the situation was giving rise to the real and continuing risk of serious violations of the Convention and indicated interim measures under Rule 39 of the Rules of the Court. It called upon the parties to comply with their engagements under the Convention, particularly with respect to Articles 2 and 3. The interim measures still apply, since the Court has not made a ruling on their annulment.