Georgia v. Russia (II) (relinquishment)

Information Note on the Court’s case-law 151

April 2012

Georgia v. Russia (II) (relinquishment) - 38263/08

Decision 13.12.2011 [Section V]

Article 33

Inter-State application

Alleged pattern of official conduct by Russian authorities resulting in multiple breaches of Georgian nationals’ Convention rights: relinquishment in favour of the Grand Chamber

As in the case of Georgia v. Russia (I), which is currently pending before the Grand Chamber (application no. 13255/07, Information Note no. 120 and no. 125), the application was lodged in the context of the armed conflict between Georgia and the Russian Federation in August 2008 following an extended period of ever-mounting tensions, provocations and incidents that opposed the two countries. The applicant Government submitted that, in the course of indiscriminate and disproportionate attacks by Russian forces and/or by the separatist forces under their control, hundreds of civilians were injured, killed, detained or went missing, thousands of civilians had their property and homes destroyed and over 300,000 people were forced to leave Abkhazia and South Ossetia. In their submission, these consequences and the subsequent lack of any investigation engaged Russia’s responsibility under Articles 2, 3, 5, 8 and 13 of the Convention, Articles 1 and 2 of Protocol No. 1 and Article 2 of Protocol No. 4.

The Court declared the application admissible by a decision of 13 December 2011 (see Information Note no. 147).

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This summary by the Registry does not bind the Court.

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