July 3, 2014
On July 3, 2014 in the case of Georgia v. Russia (I) (application no. 13255/07) the European Court of Human Rights held 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);
- a 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).
The case concerned the arrest, detention and collective expulsion from Russia of large numbers of Georgian nationals from the end of September 2006 until the end of January 2007.
The Court held that the question of Article 41 (the just satisfaction) was not ready for decision and reserved it. It invited the parties to submit, within twelve months from the judgment, their observations on the matter and to notify the Court of any agreement that they may reach.