Compensation for victims of the 2008 war
The Georgian Young Lawyers’ Association (GYLA) has submitted a written position to the European Court of Human Rights in two cases brought against Russia in connection with the August 2008 war. The cases seek compensation for those affected by the conflict.
They concern alleged violations by Russia of key provisions of the European Convention on Human Rights, including the right to life, the prohibition of torture and the principle of non-discrimination.
According to the Georgian Young Lawyers’ Association, the claimants suffered both material and moral damage as a result of the actions of what it describes as South Ossetian and Russian forces. The lawyers are seeking full compensation from the Russia. One of the cases concerns Giorgi Antsukhelidze, a Georgian serviceman who was tortured to death in captivity during the 2008 war.
GYLA says Russia violated several articles of the European Convention on Human Rights: Article 1 (the obligation to secure human rights), Article 2 (the right to life), Article 3 (the prohibition of torture), Article 5 (the right to liberty and security), Article 13 (the right to an effective remedy) and Article 14 (the prohibition of discrimination).
According to the organisation, the victims include Georgian servicemen and family members of soldiers who were killed with particular brutality during the armed conflict.
GYLA argues that the actions in question were discriminatory, as the captured soldiers and their families were ethnic Georgians and citizens of Georgia.
Giorgi Antsukhelidze case
The case of Chikviladze and Antsukhelidze v Russia (No. 22580/10) concerns the unlawful detention of Giorgi Antsukhelidze in August 2008. He was detained by what are described as South Ossetian armed forces, in violation of Article 5 of the European Convention on Human Rights, and was subsequently subjected to torture and to inhuman and degrading treatment by South Ossetian and Russian forces.
He was reported missing for several months. In December 2008, it was established that Giorgi Antsukhelidze had been deliberately killed with extreme brutality, in violation of Article 2 of the Convention. The case file includes video evidence, yet those responsible have not been brought to justice.
The applicants in the case are Antsukhelidze’s wife and two children. They argue that the abduction and subsequent killing of their family member violated their fundamental rights.
Second case involving the capture of Georgian servicemen
The second case concerns the detention of seven Georgian servicemen during fighting in Tskhinvali. In August 2008, forces described as South Ossetian armed units detained them and held them in captivity until 19 August.
According to the Georgian Young Lawyers’ Association, the servicemen were subjected in captivity to torture and degrading treatment by forces operating under Russian control, in violation of Article 3 of the European Convention on Human Rights. During the same period, two Georgian soldiers were killed with extreme brutality, which constitutes a violation of Article 2. Those responsible for these acts have not been held to account.
Mechanism for Russia’s compensation payments
Although Russia was expelled from the Council of Europe in 2022 following its invasion of Ukraine and is no longer a party to the Convention, the European Court of Human Rights has ruled that Russia remains obliged to comply with judgments in cases lodged before 16 September 2022.
On 28 April 2023, the Grand Chamber of the European Court of Human Rights ordered Russia to pay €130m to Georgia in the inter-state case Georgia v Russia (II).
Against this background, the Georgian Young Lawyers’ Association has also asked the court to establish an international mechanism to compensate victims of the 2008 war. The organisation sent a letter to Georgia’s foreign ministry in January 2024, but says it has yet to receive a response.
According to GYLA, it has filed 53 applications with the court concerning around 400 victims, and the court has already issued decisions in several of these cases. The Georgian Young Lawyers’ Association has represented victims of the 2008 war for 17 years and says it will continue its legal efforts.
Compensation for victims of the 2008 war
