Retour Judgment in an inter-State case

Judgment in an inter-State case

In the case of Georgia v. Russia (IV) the European Court of Human Rights held that there had been several violations of the Convention.

The case concerned the human-rights toll caused by the hardening of the administrative boundary lines after the armed conflict between Georgia and Russia in August 2008.

The Court found that it had sufficient evidence to conclude beyond reasonable doubt that the incidents alleged were not isolated and were sufficiently numerous and interconnected to amount to a pattern or system of violations. Moreover, 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.

In the light of the evidences presented before it, the Court unanimously concluded that there had been violations of Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment), 5 § 1 (right to liberty and security) and 8 (right to respect for private and family life), Articles 1 (protection of property) and 2 (right to education) of Protocol No. 1 and Article 2 of Protocol No. 4 (freedom of movement) of the European Convention on Human Rights.

Strasbourg, France 9 April 2024
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