The FINANCIAL — European Court of Human Rights ruled in January 2019 that Russia must pay EUR 10,000,000 for non-pecuniary damage to the victims (a group of at least 1,500 Georgian nationals) within eighteen months (or any other time-limit considered appropriate by the Committee of Ministers). The Committee of Ministers of the Council of Europe has given a Russia deadline of November 12, 2020. The Russian Federation has to comply with the ruling made by the Grand Chamber of the European Court of Human Rights or the interim resolution would be the first procedural step to launch the proceedings against Russia on the failure to meet the compensation obligations.
The Committee of Ministers of the Council of Europe has given a Russia deadline of November 12, 2020 to pay a €10 million fine to Georgia for illegal deportation of Georgian citizens back in 2006, the Ministry of Justice of Georgia reported earlier today. If Russia still refuses to pay the compensation per the verdict of the European Court of Human Rights in 2019, the council will adopt an interim resolution in December 2020 – the first step for the launching of procedures against Russia for shirking its responsibilities. The two key levers the Committee of Ministers has to make the country meet its obligations are suspension of the country’s membership or its voting rights in the Council of Europe. Russia regained its voting right to CoE only in June 2019, having lost it in 2014 following its annexation of the Crimea. Russia, which earlier declined to pay its membership dues, agreed to pay them, as well as fines, amounting to €75 million before regaining the right, agenda.ge reported.
The Russian Federation has to comply with the ruling made by the Grand Chamber of the European Court of Human Rights and pay fine to Georgia in respect of non-pecuniary damage suffered by the group of at least 1,500 Georgian nationals, who were the individual victims of human rights violations. In 2006 Russia deported 153 citizens of Georgia as a wave of punitive measures against Georgian migrants and businesses grew, prompting criticism that the government is carrying out an ethnically-motivated campaign of harassment, according to Georgian Public Broadcasting.
According to the Ministry of Justice of Georgia, the interim resolution would be the first procedural step to launch the proceedings against Russia on the failure to meet the compensation obligations. The case was earlier been addressed during the 1377bis meeting held on September 1-3, where the Committee of Ministers expressed concern over the failure on Russia’s part to pay to the victims, adding that additional penalty fees would be assigned. Back then, the Committee voiced regrets that the Russian authorities did not enter into detailed in-person consultations with the Secretariat on the modalities for payment, civil.ge wrote.
During the 1383rd meeting held on September 28 – October 1st, the Deputies made decisions:
1. recalling that in its judgment on just satisfaction, of 31 January 2019, the European Court held that the respondent State is to pay the applicant government, within three months, EUR 10,000,000 in respect of
non-pecuniary damage suffered by a group of at least 1,500 Georgian nationals who were the individual victims of the violations and that this amount should be distributed by the applicant government to the individual victims under the supervision of the Committee of Ministers within 18 months of the date of the payment or within any other time-limit considered appropriate by the Committee of Ministers;
2. recalling also that the deadline for payment expired on 30 April 2019 and, expressing deep concern that no payment has yet been made, insisted on the unconditional obligation under Article 46 § 1 of the Convention to pay the just satisfaction awarded by the Court;
3. noting the preliminary informal consultations between the Secretariat and the Russian authorities which took place since the last examination, strongly urged the latter to move forward rapidly with the consultations in order to either directly pay the just satisfaction to the applicant Government or to commit to using the Council of Europe as an intermediary for that payment;
4. decided to resume consideration of this case at their 1390th meeting (December 2020) (DH) and in the absence of such tangible progress by 12 November 2020, instructed the Secretariat to prepare a draft interim resolution for consideration at that meeting.
It is interesting to note that on September 3, 2020, the meetings of the OSCE Permanent Council were resumed, where, at the initiative of the Georgian side, the launch of a large-scale military aggression by Russia against Georgia in 2008 and the occupation of the Abkhazia and Tskhinvali regions of Georgia were discussed. At the OSCE Permanent Council, a group of friends of Georgia made a joint statement. The group of friends condemned the killings of Georgian citizens Archil Tatunashvili, Giga Otkhozoria and Davit Basharuli and called on the Russian Federation, not to prevent the perpetrators from being brought to justice. Read more.