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23 February, 202613:06

On 23 February 2026, the Georgian Young Lawyers Association (GYLA), together with its partner organizations, submitted a written position to the European Court of Human Rights regarding 36 cases related to the 2008 war. The cases concern in total more than 200 human rights disputes that had been affected by the actions of the Russian Federation.


The communication is a response to the Court’s offer to use a simplified procedure for the consideration of the cases in question. In this communication, the applicants generally agree to the use of the simplified procedure established by the Court, which will facilitate the speedy resolution of the cases and ensure justice for the victims, especially given that the cases in question have been pending before the European Court for more than 16 years. In addition, they also indicate a reservation and request that an individual assessment be carried out and the responsibility of the Russian Federation be established in relation to the violations committed during the 5-day “active phase” of the hostilities (8-12 August).


The applicants agree with the Court’s approach to awarding compensation, as in previous cases, but stress that compensation should reflect as much as possible the actual damage suffered. Furthermore, given that the Russian Federation is no longer a member of the Council of Europe as of 16 March 2022 and, as recent practice has shown, there is no realistic prospect of it fulfilling its obligations, the applicants request that the European Court indicate the establishment of a mechanism for the victims of the August 2008 war under Article 46 of the Convention, similar to the comprehensive international compensation mechanism established in connection with the war in Ukraine.


GYLA believes that, given the current situation, a compensation mechanism will be the only way to provide compensation to the victims. In this regard, on 26 January 2024, GYLA also addressed the Ministry of Foreign Affairs of Georgia on the use of international measures to effectively protect the rights of the population affected by the Russian Federation.


It is noteworthy that GYLA has filed 53 applications with the Strasbourg Court regarding the violations committed during the August 2008 Russian-Georgian war, where GYLA is defending the interests of about 400 individuals. As of today, the European Court of Human Rights has assigned the appropriate name and registration number to the applications, and a decision has been issued on some of them.


GYLA has been actively defending the interests of the individuals affected by the August 2008 war for 18 years already.

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