Human Rights Violations in Conflict Regions of Georgia
24-09-2009
After the large-scale military operations of the armed forces of Russian Federation carried out in August 2008, a lot of people were left homeless, many of them lost their family members, relatives and friends, several hundred civilians were illegally detained for weeks.
All above mentioned violations can be assessed from the standpoint of international law and its provisions. Article 1 of the 1st Additional Protocol of the European Convention of Human Rights guarantees the right to property of citizens of all member states of the European Council. It implies a right of every proprietor to freely use, own and dispose his property any time. In contrast, nowadays majority of the displaced population does not enjoy this right, as his freedom of movement is restricted. Freedom of movement is protected by Article 2 of the 4th Additional Protocol of the European Convention. In particular: “Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence”. Accordingly, currently not only displaced persons but also other citizens of Georgia are prevented from enjoying the right to freely move within the territory of Georgia – a sovereign state, within its internationally recognized boundaries, including of course territories of Autonomous Republic of Abkhazia and Samachablo.
As for the civilians who were illegally detained and captivated on the territories that were under the effective control of the Russian federation, they were the victims of Article 5 of the European Convention and also they were subjected to forced labour, that is prohibited by Article 4 of the European Convention. The citizens, in particular those who were illegally detained and were in captivity, also became victims of inhuman treatment and torture, prohibited by Article 3 of the European Convention. The scope of this article certainly covers physical and/or psychological abuses exerted during the detention or captivity, inadequate nutrition, placement in inadequately small cells where there are no beds for every detainee, is not enough light and ventilation. Alongside this short list, dignity and respect for private life of every detainee should be ensured as it is required in democratic society.
Besides the human rights violations that took place during the military operations in the conflict regions of Georgia, and I would like to emphasize in particular the violation of right to life, such violations had taken place also after the completion of military operations. The difference between these two is that during military operations in certain cases it is hard to establish which state did exercise effective control over this certain territory. The issue of jurisdiction is one of the most complicated issues in the international law. Although there is a concept of extraterritorial jurisdiction, which can be applied towards the conflict regions of Georgia. In the war between Russia and Georgia, after the aerial attacks of Russian air forces, the territories of Samachablo and Zemo Abkhazia were successively occupied. Consequently, in certain cases it can be argued which state exercised factual control over a certain town or village, in other words, under whose jurisdiction was the territory in the specific moment when the human rights violation took place. On the other hand, after a number of reports were produced by international organizations and the Russian Federation recognized the independence of Abkhazia and autonomous district of so called South Ossetia, there is no doubt that effective control over the occupied territories of Georgia is exercised by the Russian Federation, as a subject of international law. Accordingly when sending application to the European Court in relation to violations, that took place on the occupied territory, the Russian Federation should be indicated as a respondent state. The reports of a number of international organizations reflect the ethnic cleansing of Georgians and the Russian Federation is liable for every murder and every violation of right to life. Russia was obliged to prevent illegal actions within its jurisdiction and ensure effective investigation, which would result in identification of offenders and bringing them to justice.
The relatives of the deceased civilians can apply to the European Court of Human Rights within 6 months from the day that the human rights violation took place. They can request the Court to find the violation of Article 2 of the European Convention and oblige the respondent government to pay the compensation.
Nikoloz Legashvili.
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