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Saturday, 11 March, 2023
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According to the Decision of the Strasbourg Court, the Territory of Abkhazia Has Been Occupied by Russia even Before the August 2008 War, and Russia Is Fully Responsible for Human Rights Violations

The European Court of Human Rights (ECHR) published a decision on the case "Mamasakhlisi and others v. Georgia and Russia", according to which the territory of Abkhazia was under the effective control of the Russian Federation even before the August 2008 war, and Russia bears full responsibility for human rights violations in occupied Abkhazia.

As it is known to the public, on January 21, 2021, Georgia won a historic victory against Russia in the August 2008 war case at the Strasbourg Court, and it was confirmed that the Tskhinvali region and Abkhazia have been occupied by Russia since 2008. In the present case, Russia's responsibility for human rights violations committed in the occupied territories before the 2008 war was established for the first time. In particular, the petitioners Levan Mamasakhlisi and Grigol Nanava were illegally arrested and imprisoned in Dranda prison in Russian-occupied Abkhazia in 2001-2007 and 2003-2005. They were subjected to inhumane treatment and were not allowed to see their family members.

Taking into account the given facts and the evidence provided by the government, the ECHR found that Russia is fully responsible for these human rights violations committed against Georgian citizens, as it exercised effective control over Abkhazia even before the August 2008 war. The Strasbourg court emphasized that, according to international law, Abkhazia is an integral part of Georgia, although it has not been under the control of the central government of Georgia since the 1990s due to decisive military, economic and political interference by Russia.

In addition, by the same decision of the ECHR, the occupation of the Democratic Republic of Georgia by Soviet Russia in 1921 and Russia's direct involvement in the military conflict in favor of the Abkhazians in the 1990s were already legally confirmed. In particular, the Strasbourg court concluded that in the mentioned conflict Abkhazians not only used Russian weapons and a significant number of Russians fought on their side, but without the direct involvement of Russian military units and combat equipment, it would have been impossible to end the conflict with a military victory for the separatists. At the same time, the European Court drew attention to the fact that a number of international sources point to the "ethnic cleansing" of Georgians during this conflict.

Consolidated legal positions and evidence of the Government of Georgia on the mentioned cases were sent in 2017. Among them are material from relevant national archives, reports and documents of international organizations, public statements of Russian government representatives, documents and Russian legislative acts, sources reflecting the "relationship" between the de facto "officials" of Abkhazia and the Russian Federation: information on the political, financial, military relations between them, and other types of close ties, passporting activities.

Thus, as a result of the reasonable and unrelenting struggle against de-occupation, which the Georgian government has been conducting since 2012, Georgia once again won an important victory, and this time the practice of the Strasbourg court confirmed the continuous line of occupation of Abkhazia by Russia before and after the August 2008 war, which also means that Russia is responsible for all other human rights violations committed on the territory of Abkhazia throughout this period.

For information, in the present case the ECHR found that in the territory of occupied Abkhazia, the Russian Federation violated the applicants' rights protected by Articles 3 (prohibition of inhuman or degrading treatment), 5 (right to liberty and security) and 6 (right to a fair trial) of the European Convention. Accordingly, Russia was ordered to pay 35,000 euros individually to Levan Mamasakhlisi and Grigol Nanava, and to reimburse costs in the amount of 23,300 euros.

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Minister of Justice Congratulates Employees of the National Agency for Crime Prevention, Non-custodial Sentences and Probation on their Professional Day

Minister of Justice Paata Salia congratulated the employees of the National Agency for Crime Prevention, Non-custodial Sentences and Probation on their Professional Day and thanked them for their many years of dedicated and conscientious service.

In his address, the Minister highlighted the Agency's vital role in crime prevention, the enforcement of non-custodial sentences, the development of the probation system, and the rehabilitation and successful reintegration of persons in conflict with the law into society. He noted that the Agency's work is an essential component of public safety and contributes significantly to the effective functioning of a modern justice system.

The Head of the National Agency for Crime Prevention, Non-custodial Sentences and Probation, Nika Tskvarashvili, also addressed those present. He congratulated the Agency's employees on their Professional Day and spoke about the continued development of the probation and crime prevention systems, ongoing reforms, and the crucial role played by the professionalism, dedication, and commitment of every employee in advancing these efforts.

At the conclusion of the event, outstanding employees of the Agency were presented with certificates of appreciation in recognition of their exceptional contribution and exemplary professional service. The awards were presented by Minister of Justice Paata Salia and the Head of the Agency, Nika Tskvarashvili.

The event was attended by the Deputy Ministers of Justice, heads of agencies operating within the Ministry of Justice, Agency employees, and invited guests.

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Minister of Justice Discusses Prospects for Deepening Cooperation Between Georgia and UNIDROIT with the Organization’s Secretary General

Minister of Justice of Georgia Paata Salia met with the Secretary General of the International Institute for the Unification of Private Law (UNIDROIT), Professor Ignacio Tirado, and Deputy Secretary General Professor Anna Veneziano, who are visiting Georgia.

During the meeting, the parties discussed opportunities to further strengthen cooperation between Georgia and UNIDROIT, as well as the significance of the organization's legal instruments. The Minister emphasized the growing importance of the unification of private law amid the expansion of international trade and cross-border commercial relations, both in Georgia and worldwide, highlighting the Ministry of Justice's role in advancing this process.

Professor Ignacio Tirado underlined the increasing strategic importance of the Middle Corridor and Georgia's pivotal role in promoting commercial and cross-border relations in the region, as well as in ensuring their modern legal regulation. He also spoke about the practical value of the international legal instruments developed by UNIDROIT and the benefits of membership in the organization.

The parties reaffirmed their commitment to further deepening cooperation between Georgia and UNIDROIT.

The International Institute for the Unification of Private Law (UNIDROIT) is an independent intergovernmental organization dedicated to modernizing and harmonizing private and commercial law through the development of international legal instruments. Its conventions, model laws, and principles promote international trade, investment, and cross-border economic relations while contributing to the creation of a predictable, modern, and effective legal framework. The organization currently comprises 65 member states from nearly every region of the world, reflecting its global reach and international significance.

The meeting was also attended by First Deputy Minister of Justice of Georgia Beka Dzamashvili and Nino Mindiashvili, Head of the Ministry of Justice's Department of Contract Expertise and Judicial Representation.