ECHR finds “multiple violations” by Russia in Georgia’s case on human rights toll of occupation

The European Court of Human Rights on Tuesday held unanimously that there were “multiple violations” committed by Russian-controlled forces in Georgia’s occupied regions, in a decision on a case submitted by the latter on the human rights toll of a hardening of occupation lines following the 2008 war between the two countries.

The Court said the case showed effects of ‘borderisation’ - a process in place since 2009 that had prevented people from freely crossing administrative boundary lines between Georgian-controlled territory and the occupied regions of Abkhazia and South Ossetia.

It found violations of the articles of right to life, prohibition of inhuman or degrading treatment, right to liberty and security, right to respect for private and family life, protection of property, right to education and freedom of movement of the European Convention on Human Rights by the de facto authorities in the regions.

The Georgian Government alleged in particular that people had been killed while trying to enter or exit the occupied regions, while others had been arrested, detained and ill-treated for “illegally crossing” the lines.

Individuals have been deprived of land they had used for farming, families have been separated and children have been forced to choose between studying in Russian or making “long and perilous journeys” to Georgian-controlled territory to attend classes, it also alleged.

The Court found it had sufficient evidence - in particular lists of victims, testimonies, media reports and international material - to conclude beyond reasonable doubt that the incidents alleged were “not isolated and sufficiently numerous and interconnected to amount to a pattern or system of violations”.

The ECHR also noted the apparent lack of an effective investigation into the incidents and the general application of the measures to all people concerned “proved” that such practices had been “officially tolerated by the Russian authorities”.

The Georgian Justice Ministry on Tuesday called the ruling a “historic victory” against Russia.