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Georgia v. Russia (No 1)

European Court of Human Rights.  31 January 2019 .

Published online by Cambridge University Press:  10 May 2024

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Abstract

Claims — Inter-State cases — Claims for just satisfaction — Whether Article 41 of European Convention on Human Rights, 1950 applicable to inter-State cases — Judgment in Cyprus v. Turkey — Whether Article 41 of Convention applicable to present case — Whether present case fulfilling three criteria set out in Cyprus v. Turkey — Whether award of just satisfaction justified — Determination of sufficiently precise and objectively identifiable group of people — Criteria for award of just satisfaction for non-pecuniary damage — Requirement for distribution of damages to members of group

Human rights — European Convention on Human Rights, 1950 — Article 41 — Inter-State case — Claims for just satisfaction for breach of human rights — Non-pecuniary damage — Whether victims identifiable — Determination of sufficiently precise and objectively identifiable group of people — Whether claim could be submitted under Article 41 of Convention — Whether award of just satisfaction justified — Criteria to be applied

International tribunals — European Court of Human Rights — Damages — Non-pecuniary damages — Inter-State case — Damages awarded for distribution to group of nationals — Supervision of distribution — Role of Council of Ministers

State responsibility — Obligation on State responsible for internationally wrongful act to make reparations — Just-satisfaction rule deriving from public international law principles relating to State liability — Duty of States to co-operate under European Convention on Human Rights, 1950 — Obligation on State to abide by final judgment of European Court of Human Rights

Type
Case Report
Copyright
© Cambridge University Press & Assessment 2024

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