CASE OF GEORGIA AGAINST RUSSIA (I) (European Court of Human Rights)

Last Updated on March 15, 2022 by LawEuro

Interim Resolution CM/ResDH (2022) 55
Execution of the judgments of the European Court of Human Rights Georgia v. Russia (I)
(Adopted by the Committee of Ministers on 9 March 2022 at the 1428th meeting of the Ministers’ Deputies[1])

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Recalling that in its principal judgment the Court found that a coordinated policy of arresting, detaining and expelling large numbers of Georgian nationals, amounting to an administrative practice, had been implemented in the Russian Federation from October 2006 until the end of January 2007 in violation of Article 4 of Protocol No. 4, Articles 5 § 1, 5 § 4 and 3 of the Convention and Article 13 in conjunction with Articles 3 and 5 § 1; recalling further that the European Court found a violation of Article 38;

Recalling also that in its judgment on just satisfaction, of 31 January 2019, the Court held that the respondent State is to pay the applicant government, within three months, EUR 10,000,000 in respect of non-pecuniary damage suffered by a group of at least 1,500 Georgian nationals, and that the applicant government is to set up an effective mechanism for the distribution of the just satisfaction sums to the individual victims of the violations found in the principal judgment while having regard to the indications given by the Court and excluding individuals who cannot be classified as victims; recalling further that the mechanism must be put in place under the supervision of the Committee of Ministers and in accordance with any practical arrangements determined by it in order to facilitate execution and that the distribution must be carried out within18 months of the date of the payment or within any other time-limit considered appropriate by the Committee of Ministers;

Recalling also that the deadline for payment expired on 30 April 2019 and reiterating its profound concern that no payment has yet been made despite the passage of almost three years;

Recalling its previous decisions adopted in this case, in particular at its 1416th regular meeting welcoming the Russian authorities’ and Georgian authorities’ written confirmation that they were ready to sign, without delay, Memoranda of Understanding to enable payment of the just satisfaction together with default interest accrued to take place through a Council of Europe bank account held in escrow;

Recalling further its decision adopted at its 1419th meeting noting with satisfaction that the Secretary General of the Council of Europe and the Georgian authorities had signed the Memorandum of Understanding and looking forward to the swift signature by the Russian authorities and the payment of the funds to the Council of Europe bank account held in escrow in the shortest possible timeframe and in any event by the end of 2021, as well as to the completion of the remaining steps to execute the Court’s judgment as soon as possible;

NOTED that the Russian authorities signed the Memorandum of Understanding on 17 December 2021;

DEEPLY DEPLORED THAT, despite the signature, the Russian authorities did not make the payment of the funds by the end of 2021 as previously indicated;

FIRMLY REITERATED its insistence on the unconditional obligation under Article 46, paragraph 1, of the Convention to pay the just satisfaction awarded by the Court;

STRESSED AGAIN that delay in fulfilling this obligation deprives the individual victims of the violations from receiving compensation for the damages suffered by them;

NOTED the action report provided by the Russian authorities on 17 February 2022 and regretted that it does not indicate any time-frame for the payment of just satisfaction; instructed the Secretariat to prepare a detailed assessment of the information contained therein;

DECIDED to resume consideration of this case at its 1436th meeting (June 2022) (DH).

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[1] It is recalled that, in consequence of the serious violation by the Russian Federation of its obligations under Article 3 of the Statute of the Council of Europe, the Committee of Ministers on 25 February 2022 decided to suspend the Russian Federation from its rights of representation in the Council of Europe. It is further recalled, however, that in accordance with Resolution CM/Res(2022)1, the Russian Federation remains subject to its obligations under the European Convention on Human Rights, it may continue to participate in the meetings of the Committee of Ministers only when the latter exercises its functions in respect of the supervision of the execution of judgments under Article 46 of the Convention with a view to providing and receiving information concerning the judgments where they are the respondent or applicant State, without the right to participate in the adoption of decisions by the Committee nor to vote.