CoE Decision on Georgia v. Russia (II) Ruling Execution

In its decision on the execution of the Georgia v. Russia (II) judgment, the Committee of Ministers of the Council of Europe has recalled that despite quitting the CoE, Russia is required to implement the ruling.

At the meeting held on June 8-10, the CoE Deputy Ministers urged the Russian authorities to “thoroughly, independently, effectively and promptly investigate the serious crimes committed during the active phase of hostilities as well as during the period of occupation, so as to identify all those responsible for the purposes of bringing the perpetrators to justice.”

The European Court of Human Rights (ECHR) ruled on January 21, 2021, that Russia was responsible for the breach of six articles of the Convention, as well as for failure to conduct an effective investigation into the alleged breach of the right to life, in the aftermath of the Russo-Georgian War of August 2008. The Court also asserted that since August 12, 2008, strong Russian presence and the S. Ossetian and Abkhazian authorities’ dependency on Russia indicated there had been continued “effective control” over South Ossetia and Abkhazia.

Considering the scale and nature of the violations found, the Committee underlined that Russia must take concrete measures to end and prevent the recurrence of similar violations and called upon Russia to submit a thorough and comprehensive action plan in this regard.

It noted with profound concern that Georgian nationals are unable to return to their homes in Tskhinvali Region/South Ossetia and Abkhazia, and called on Russia, which has “effective control over those regions, to ensure the safe return of all inhabitants to their homes without delay.”

They also “noted with profound concern” that Russia has submitted only “exceptionally succinct documents” on the judgment to relevant state bodies in two separate incidents in October 2021 and February 2022.

Also at the same meeting, the Committee of Ministers adopted an interim resolution regarding Georgia v. Russia (I) ruling, reiterating its insistence on Russia’s unconditional obligation to pay the just satisfaction awarded by the Court to 1,500 Georgian deportation victims.

The Committee decided to resume consideration of the case — Georgia v. Russia (II) at its 1443rd meeting slated for September 2022.

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