GEORGIA v. RUSSIA (IV) - 39611/18 (Non-pecuniary damage - award : Second Section) [2025] ECHR 228 (14 October 2025)

GEORGIA v. RUSSIA (IV) - 39611/18 (Non-pecuniary damage - award : Second Section) [2025] ECHR 228 (14 October 2025)

The Court has jurisdiction to award just satisfaction for violations occurring before the respondent State's cessation of Council of Europe membership. The applicant Government's claims for just satisfaction are substantiated for groups of victims identified in the principal judgment. Lump sums are awarded for non-pecuniary damage to be distributed by the applicant Government to individual victims under Committee of Ministers' supervision.

Citation
[2025] ECHR 228
Parties
Applicant Government: Georgia; Respondent Government: Russian Federation
Jurisdiction
European Union
Judgment Date
14 October 2025
Procedural Posture
Inter State Application Under Article 33 ECHR / Just Satisfaction Judgment Following Principal Judgment
Outcome
Applicant Government's claims for just satisfaction in respect of identified groups of victims are granted in part; remainder dismissed.
Legal Topics
State Responsibility, Just Satisfaction, Non Pecuniary Damages, Jurisdiction After Cessation of Membership, Execution of Judgments, Administrative Practices, Right to Life, Prohibition of Torture, Right to Liberty and Security, Right to Respect for Private and Family Life, Right to Property, Right to Education, Freedom of Movement
Human Rights Law International Law State Responsibility Just Satisfaction Non Pecuniary Damages Jurisdiction After Cessation of Membership Execution of Judgments Administrative Practices +7 more

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Parties

Georgia

Applicant Government

Russian Federation

Respondent Government

Procedural Posture

Inter State Application Under Article 33 ECHR / Just Satisfaction Judgment Following Principal Judgment

Legal Issues

  1. 1 Whether the Court has jurisdiction to award just satisfaction after the respondent State ceased to be a Party to the Convention
  2. 2 Whether the applicant Government's claims for just satisfaction are substantiated and relate to violations found in the principal judgment
  3. 3 Whether just satisfaction should be awarded for the benefit of identified victims of Convention violations

Ratio Decidendi

The Court has jurisdiction to award just satisfaction for violations occurring before the respondent State's cessation of Council of Europe membership. The applicant Government's claims for just satisfaction are substantiated for groups of victims identified in the principal judgment. Lump sums are awarded for non-pecuniary damage to be distributed by the applicant Government to individual victims under Committee of Ministers' supervision.

Court Disposition

Applicant Government's claims for just satisfaction in respect of identified groups of victims are granted in part; remainder dismissed.

Orders

  • Respondent State to pay applicant Government EUR 1,300,000 for non-pecuniary damage to at least 20 victims of Article 2 violations.
  • Respondent State to pay applicant Government EUR 1,976,000 for non-pecuniary damage to at least 76 victims of Article 3 violations.