Georgia voitti ihmisoikeustuomioistuimessa jutun Venäjää vastaan

4.7.2014 | Oikeusuutiset

Markku Fredman

Venäjä karkotti “koordinoidusti” ja “mielivaltaisesti” Georgian kansalaisia maaperältään.

Suuren jaoston tuomiossa todettiin tiedotteen mukaan seuraavaa:

The case of Georgia v. Russia (I) (application no. 13255/07) essentially concerned the alleged existence of an administrative practice involving the arrest, detention and collective expulsion of Georgian nationals from the Russian Federation in the autumn of 2006.
In today’s Grand Chamber judgment in the case, which is final1, the European Court of Human Rights held, by a majority, that there had been:
a violation of Article 4 of Protocol No. 4 (prohibition of collective expulsion of aliens) of the
European Convention on Human Rights;

  • a violation of Article 5 § 1 (right to liberty and security);
  • a violation of Article 5 § 4 (right to judicial review of detention);
  • a violation of Article 3 (prohibition of inhuman or degrading treatment);
  • violations of Article 13 (right to an effective remedy) in conjunction with Article 5 § 1 and with Article 3; and
  • a violation of Article 38 (obligation to furnish all necessary facilities for the effective conduct of an investigation).

The Court found no violation of Article 8 (right to respect for private and family life), no violation of Article 1 of Protocol No. 7 (procedural safeguards relating to expulsion of aliens) and no violation of Articles 1 and 2 of Protocol No. 1 (protection of property and right to education). Having regard to the parties submissions, the statements by 21 witnesses it had examined during a hearing in Strasbourg, and the reports from various international organisations, the Court found that in the autumn of 2006, a coordinated policy of arresting, detaining and expelling Georgian nationals had been followed by the Russian authorities, which had amounted to an administrative practice incompatible with the Convention.


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