Judgment concerning Georgia and the Russian Federation

Human Rights building in winter

In the case of O.J. and J.O. v. Georgia and Russia the Court held that there had been violations of the right to liberty and security and of the right to a fair trial by the Russian Federation and no violation by Georgia.

The case concerned the arrest, detention and sentencing of two men on spying charges in the Autonomous Republic of Abkhazia (currently outside the de facto control of the Georgian Government).

The Court found that, while Georgia had exercised no control over Abkhaz territory at the time (2012-2016), it had jurisdiction by virtue of the events having taken place on its territory recognised under public international law. As regards Russia, referring to its findings in Georgia v. Russia (II), the Court concluded that Russia had exercised continued effective control over the area and thus had jurisdiction in respect of the matters complained of. The Court specifically considered that the Georgian authorities had taken pertinent measures within their power to continue to guarantee the rights and freedoms under the Convention to those living in Abkhazia and that they had enabled the applicants’ release following ten months of targeted and intense negotiations.

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