EURASIA LIFT

Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

Is European Court Decision To Throw Out Ossetian Cases “Politicized” ?

Posted by Info on 17/01/2011

The refusal of the European Court of Human Rights (ECHR) to consider 1,549 lawsuits against Georgia over the events of August 2008 is “unfair” and “politicized”, said South Ossetian FM Murat Dzhioyev. The cases were filed by a group of over 3,300 Russian and South Ossetian peacekeepers over the violations of the European Convention of Human Rights during the Georgian attack on South Ossetia in August 2008. The Court ruled to strike out the lawsuits over a failure by legal representatives of the applicants to supply additional information.

Comment:

Soon after the war (i.e. in September-October 2008) the group of approximately 200 people from the Russian prosecutor’s office was seconded from Moscow to Vladikavkaz. They were instructed to find the people who fled Samachablo/South Ossetia in relation to the war and “assist” the local lawyers from Vladikavkaz to submit on behalf of these people as many applications to the ECtHR as possible thus about 3,300.

The fifth section of the ECtHR then selected seven cases which it believed reflected all of the factual grounds based on which those 3,300 application were submitted. Those seven cases have been communicated to the Government of Georgia and its written observations on their admissibility have been requested….The Government of Georgia submitted its observations in a due time and then, following the regular procedure, the ECtHR transmitted those observations to the applicants’ lawyers for their response. Here the extraordinary story begins.
For whatever reasons, there was no reply from the lawyers. After the deadline for responses passed, the Court has twice sent a reminder to them, but no answer came. Because the lawyers representing five out of the seven applicants whose cases were communicated to the respondent government were also indicated as representing the applicants in 1,544 other cases and given the notification on the possibility of applying the pilot judgment procedure, the Court came to conclusion that the applicant parties were no longer interested to continue the proceedings and accordingly decided to strike out those 1,549 cases based on article 37 of the ECHR. Here the official story ends.more here

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