In a judgment of its Grand Chamber delivered on Thursday 21 January, the European Court of Human Rights condemned Russia for multiple violations committed against both prisoners of war and civilians after the conflict with Georgia in 2008.
In its lengthy judgment, the Court states that “the events occurring during the active phase of hostilities (8 to 12 August 2008) had not fallen within the jurisdiction of the Russian Federation for the purposes of Article 1 of the European Convention on Human Rights”, but that Russia did exercise effective control over South Ossetia, Abkhazia and the buffer zone between 12 August and 10 October, the official date of the withdrawal of its troops. Georgian civilians held by South Ossetian forces in Tskhinvali and subjected to “inhuman and degrading treatment”, as well as Georgian prisoners of war who were victims of torture, therefore fell within its “jurisdiction”.
The Russian Federation has furthermore derogated from its obligation to investigate these facts, the judges add in this judgment following an application lodged by Georgia in 2008. (Original version in French by Véronique Leblanc)