{"id":2063,"date":"2016-12-20T14:43:31","date_gmt":"2016-12-20T14:43:31","guid":{"rendered":"http:\/\/rcstaging.co.uk\/ehrac\/?p=2063"},"modified":"2021-04-09T22:18:14","modified_gmt":"2021-04-09T21:18:14","slug":"european-court-rules-russias-detention-and-deportation-of-georgians-ten-years-ago-contravened-convention-rights","status":"publish","type":[30],"link":"http:\/\/ehrac.org.uk\/ru\/european-court-rules-russias-detention-and-deportation-of-georgians-ten-years-ago-contravened-convention-rights\/","title":{"rendered":"\u0415\u0432\u0440\u043e\u043f\u0435\u0439\u0441\u043a\u0438\u0439 \u0441\u0443\u0434 \u043f\u043e\u0441\u0442\u0430\u043d\u043e\u0432\u0438\u043b, \u0447\u0442\u043e \u0437\u0430\u0434\u0435\u0440\u0436\u0430\u043d\u0438\u0435 \u0432 \u0420\u043e\u0441\u0441\u0438\u0438 \u0438 \u0434\u0435\u043f\u043e\u0440\u0442\u0430\u0446\u0438\u044f \u0433\u0440\u0443\u0437\u0438\u043d \u0434\u0435\u0441\u044f\u0442\u044c \u043b\u0435\u0442 \u043d\u0430\u0437\u0430\u0434 \u043d\u0430\u0440\u0443\u0448\u0438\u043b\u0438 \u043f\u0440\u0430\u0432\u0430 \u043f\u043e \u041a\u043e\u043d\u0432\u0435\u043d\u0446\u0438\u0438"},"content":{"rendered":"\n\t\t
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Today the European Court of Human Rights found that\u00a0Russia\u2019s collective expulsion of Georgians in 2006 violated the European Convention on Human Rights\u00a0<\/a>(ECHR). The applicants (or their relatives) were all arrested and held in police stations or detention centres; the Court ruled that the conditions of their\u00a0\u201carbitrary and unlawful\u201d<\/em>\u00a0detention constituted inhuman and degrading treatment. Some of those detained subsequently left Russia by their own means, while others were deported; the husband of one applicant, Nino Dzidzava,\u00a0collapsed and died upon arrival at Domodedovo airport<\/a>\u00a0(Moscow) shortly before his deportation. The\u00a0European Human Rights Advocacy Centre<\/a>\u00a0(EHRAC), based at\u00a0Middlesex University<\/a>, and the\u00a0Georgian Young Lawyers\u2019 Association<\/a>\u00a0(GYLA, Tbilisi) represented 12 individuals in two cases before the European Court.[1]<\/em><\/a><\/p>\n

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Background<\/em><\/h3>\n
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Following a serious breakdown in diplomatic relations between Russia and Georgia in 2006, Georgian nationals residing in Russia were subjected to identity checks, arrested, detained and summarily expelled. The 11 applicants in\u00a0Chokheli and others v Russia<\/em><\/a>\u00a0had resided in Russia for up to fourteen years and many had valid residency and work permits. All were arrested and detained in appalling conditions, for example: squalid and overcrowded cells; toilets not separated from the cells; no windows or fresh air; no food or water; no bed; and being held in \u2018monkey cages\u2019. They were deported between four and 20 days after their arrests.<\/p>\n

In a\u00a0separate case<\/a>, Ms. Dzidzava\u2019s husband, Tengiz Togonidze, was arrested in October 2006. Despite notifying the authorities that he suffered from asthma attacks, he too was detained in overcrowded and unsanitary conditions. The Consul of Georgia in Russia visited Mr Togonidze in prison and, seeing his poor medical condition, requested that he be immediately transferred to hospital, but he was not. Two weeks after his arrest, he was driven for 8-9 hours by bus to Domodedovo airport to be deported.\u00a0 He collapsed and died moments after arrival. Ms. Dzidzava argued that the authorities were aware of Mr Togonidze\u2019s health condition but failed to take the necessary measures to prevent his death, and that there had there been no effective investigation into his death, in violation of the right to life (Article 2 ECHR). The Russian Government contested that Mr Togonidze\u2019s death was due to the conditions of his detention and lack of medical treatment, stating that he had died of methadone intoxication.<\/p>\n

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The Court\u2019s findings<\/em><\/h3>\n
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In its judgment on\u00a0Chokheli and others v Russia<\/em><\/a>,\u00a0<\/em>the Court found that the expulsion of eight of the applicants was unlawful, that the expulsions were not carried out following a\u00a0\u201creasonable and objective\u201d<\/em>\u00a0assessment of each applicant\u2019s case and that there was consequently a violation of the prohibition of the collective expulsion of aliens, under Article 4 of Protocol 4 ECHR. In addition, the applicants\u2019 arrests and detentions were arbitrary and, practically, the applicants were unable to seek a review of the lawfulness of their detention (in violation of Article 5(1) and (4) ECHR).<\/p>\n

Referring to its 2014 decision in\u00a0Georgia v Russia (I)<\/em><\/a>\u00a0[GC]<\/em>,\u00a0<\/em>also concerning the collective expulsion of Georgians from Russia, the Court reiterated its finding that:<\/p>\n

\n\u201cthe conditions of detention caused undeniable suffering to the Georgian nationals and should be regarded as both inhuman and degrading treatment\u201d<\/em>\n<\/p><\/blockquote>\n

in violation of Article 3 ECHR. Relying on its pilot judgment in\u00a0Ananyev and others v Russia<\/em><\/a>, the Court found that the applicants had no access to an effective remedy to challenge their inhuman and degrading treatment in detention, in breach of Article 13 ECHR (in conjunction with Article 3).<\/p>\n

Although the Court did not find specific violations with regards to the remaining three applicants, it acknowledged:<\/p>\n

\n\u201cit is comprehensible that some Georgian nationals left the Russian Federation prior to an official expulsion order, anticipating being arrested, detained and expelled\u201d.<\/em>\n<\/p><\/blockquote>\n

In relation to\u00a0Ms. Dzidzava\u2019s case<\/a>, along with the arguments of the parties, the European Court considered an independent expert medical report produced on the applicant\u2019s behalf.\u00a0 The Court found that the circumstances of her husband\u2019s death were\u00a0\u201chighly inconsistent with a methadone overdose\u201d\u00a0<\/em>and the Russian Government\u2019s explanation for his death, in light of the medical report submitted by Ms. Dzidzava, was\u00a0\u201cnot satisfactory and convincing\u201d.\u00a0<\/em>It also found that the investigation into his death was inefficient and ineffective, consequently finding a violation of the right to life (Article 2 ECHR) under both the substantive and procedural limbs. With regards to the prohibition of inhuman and degrading treatment, the Court found that the authorities\u2019 failure to provide Mr. Togonidze with appropriate medical treatment, the general conditions of his detention, and the unventilated transportation to the airport were\u00a0\u201cparticularly inhuman and degrading\u201d<\/em>, and that Ms. Dzidzava had no access to an effective remedy (Articles 3 and 13). Ms. Dzidzava was awarded \u20ac40,000 compensation.<\/p>\n

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\u201cThese cases have established a plethora of egregious human rights violations arising directly from the Russian authorities\u2019 policy decision to arrest, detain and expel Georgian nationals\u00a0en masse.\u00a0The Court\u2019s judgment underscores the point that collective expulsions can never be justified.<\/em><\/p>\n

The appalling treatment of Tengiz Togonidze, an asthma sufferer, in over-crowded and airless conditions, was particularly shocking given his obvious need for urgent medical care, and led directly to his death during the deportation process.\u201d<\/em><\/p>\n

Prof. Philip Leach, EHRAC Director<\/cite><\/p>\n<\/blockquote>\n

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The Court\u2019s judgments in the present cases come ten years after the applicants and\/or their relatives were expelled from Russia.<\/p>\n

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[1]<\/a>\u00a0N.B. The European Court delivered three judgments regarding Georgians expelled from Russia between September 2006 and January 2007:\u00a0Berdzenishvili and others v Russia<\/em><\/a>,\u00a0<\/em>Dzidzava v Russia<\/em><\/a>\u00a0and\u00a0Shioshvili and others v Russia<\/em><\/a>.\u00a0Chokheli and others v Russia<\/em>\u00a0was joined to\u00a0Berdzenishvili and others v Russia<\/em><\/a>, along with six other cases. EHRAC and GYLA also represented the applicants in\u00a0Chokheli and others v Russia\u00a0<\/em>and\u00a0Dzidzava v Russia<\/em><\/a>.<\/em><\/p>\n<\/div>\n

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Translation(s)<\/h3>\n