ECHR orders Russia to pay Georgia EUR 129 million for human rights violations in 2008 war

European Pravda reported this. 

“The Grand Chamber of the ECHR has issued an additional judgment in Georgia's claim against Russia over the 2008 war in the part concerning just compensation under Article 41 of the European Convention on Human Rights, which was not covered by the principal judgment of 2021,” the statement says. 

The publication notes that the court found that it had jurisdiction to consider Georgia's request for compensation from the Russian Federation. This happened despite the fact that Russia was expelled from the Council of Europe in 2022, after the start of the full-scale invasion of Ukraine, and therefore the Russian side did not cooperate with the court during the consideration of Georgia's request.

The case concerns, in particular, the killing of Georgian civilians, the administrative practice of torturing civilians and prisoners of war, arbitrary deprivation of liberty in the basements of the South Ossetian Ministry of Internal Affairs, and looting. The case also refers to the policy of preventing Georgians from returning to their homes in the Tskhinvali region (South Ossetia) and Abkhazia and the lack of adequate investigation of deaths by Russia.

According to the ECHR's decision, Russia must pay Georgia EUR 3.25 million in compensation within three months for at least 50 victims of civilian killings in Georgian villages in South Ossetia and the buffer zone. Georgia claimed 116 cases of killings, but only these 50 were satisfied. The reason is that the other 66 people died during the five days of the 'active phase of the war.' The court excluded it from its jurisdiction in 2021.

This restriction does not apply to Ukraine.

The ECHR also ordered the Russian Federation to pay EUR 2,697,500 in compensation to at least 166 victims of arbitrary detention and inhuman treatment of civilians in Georgia and South Ossetia in the basements of the so-called Ministry of Internal Affairs in Tskhinvali on August 10-27, 2008.

In addition, Russia is obliged to pay EUR 640,000 in compensation in connection with the cases of torture of Georgian prisoners of war by armed groups of South Ossetia in Tskhinvali on August 8-17, 2008.

The court also awarded compensation in the amount of EUR 115 million for obstructing the return of Georgian citizens to their homes in the occupied territories, which affected at least 23,000 people. Russia will also be obliged to pay EUR 8.24 million in compensation for non-pecuniary damage to at least 142 people. They suffered from the lack of an adequate investigation by the Russian side into the deaths of civilians during the active phase of hostilities.

Other requests for compensation were rejected by nine votes to eight. In total, Russia is obliged to pay Georgia EUR 129.8 million in compensation.

• On March 23, one of Georgia's opposition leaders, Nino Burjanadze, said that Ukraine's victory in the war would open the way to the liberation of Russia-occupied Abkhazia and South Ossetia.