The European Court of Human Rights (ECHR) has dismissed Georgia’s accusations against Russia for the “five-day war” in 2008. Verdict published on the court website.
In particular, the court’s decision states that Russia cannot be held liable under Article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms for incidents that occurred during the active phase of the military conflict on August 8-12, 2008. The article of the convention provides for the obligation of the parties to ensure the observance of human rights to everyone who is under their jurisdiction. “Thus, the court rejects this part of the claim,” the statement said.
At the same time, the court ruled that Russia took actual control of the territories of South Ossetia, Abkhazia and the so-called buffer zone from August 12 to October 10, 2008, that is, until the official withdrawal of Russian troops. At the same time, the judges considered that even after that, the Russian presence in the territories remained, and the authorities of South Ossetia and Abkhazia depended on Russia. Thus, according to the court, Moscow retained de facto control over these territories.
“Therefore, the court concluded that Russia could be held liable under Article 1 of the Convention (the obligation to respect human rights) for incidents that occurred after the cessation of hostilities, that is, after the conclusion of the ceasefire agreement of August 12, 2008,” the statement says. verdict.
Abkhazia declared independence after the 1992-1993 war with Georgia. In August 2008, Georgia sent troops into South Ossetia in an attempt to regain control of the region. After Russia’s intervention, the Georgian military was driven out of the conflict zone. In the same month, Moscow officially recognized the independence of South Ossetia, as well as Abkhazia. Later, Nicaragua, Venezuela, Nauru and Syria announced the recognition of South Ossetia. In addition to these four countries, Vanuatu announced the recognition of Abkhazia. In 2018, the independence of the two republics was recognized by Syria.
