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Georgia Opened the Hague Front
// Russia accused of racial discrimination
Yesterday Russia was the defendant in the International Court of Justice, the Hague. The Court started with proceedings concerning Georgia’s suit against the Russian Federation connected with the recent development in South Ossetia and Abkhazia. Tbilisi accused Moscow of racial discrimination against the Georgians living in the conflict zones, and demands that the Court should undertake urgent measures to make the Russian Federation halt its actions providing for a secure return of Georgian refugees to South Ossetia and Abkhazia.
It was back on August 12 that the Georgian government filed a petition to the International Court of Justice (ICJ) for launching proceedings against Russia. Tbilisi accused Moscow of violating the International Convention on the Elimination of All Forms of Racial Discrimination (1965) in South Ossetia and Abkhazia. A source of Kommersant explained that it’s not by pure chance that Georgia refers to that document to ground its claims against Russia. “Violating this convention suggests launching proceedings in the International Court of Justice, which the defendant can’t block,” the interlocutor of Kommersant said.
“The Russian Federation, through its State organs, State agents, and other persons and entities exercising governmental authority, and through the South Ossetian and Abkhaz separatist forces and other agents acting on the instructions of, and under the direction and control of the Russian Federation, is responsible for serious violations of its fundamental obligations under the CERD, including Articles 2, 3, 4, 5 and 6,” Georgia claims in its 33-page lawsuit. Tbilisi blames Russia for “discriminating against the population of South Ossetia and Abkhazia in the form of murders, assaults on civilians, tortures, rapes, kidnapping and seizing hostages”. “Russia unleashed the aggression against Georgia to deprive Georgian refugees of the right to return and deprive the people of Georgia the right to self-identification,” the document reads.
Georgia urges that the Court should bind Russia to “halt the hostilities and pull out its troops from South Ossetia and Abkhazia”, provide for Georgian refugees’ returning and guarantee their right to property. Also, Tbilisi insists that the Court should provide for Georgia’s regaining control over South Ossetia and Abkhazia. Finally, the Georgian government presses Russia to pay a compensation for “all its illegal actions”.
Yesterday the ICJ started with three-day hearings, where the parties are to lay down their positions. ICJ Secretary Lawrence Blairon told Kommersant that at the first stage the Court is to determine whether the Georgian claims fall under the convention and is subject to the ICJ’s consideration. “Besides, the Court will decide whether there is a need to undertake temporary measures against Russia, which the Georgian party asked for on August 14,” Ms Lawrence Blairon stated. The measures include a demand to provide for an immediate return of Georgian refugees to South Ossetia and Abkhazia.
Yesterday’s pleadings lasted for six hours. First the Georgian delegation took the floor and delivered a three-hour speech. The delegation included Justice Minister Nika Gvaramia and Ambassador to the Netherlands Maya Panjikidze. “The Georgian party stated no new arguments,” a source of Kommersant said. Russia’s interests in the Court were represented by a delegation headed by Chief of the Legal Dept. with the Russian Foreign Ministry Roman Kolodkin and Ambassador to the Netherlands Kirill Gevorgyan. “The defense is based on the fact that Russia has committed no acts of racial discrimination in South Ossetia and Abkhazia,” Russia’s Foreign Office representative told Kommersant. “We argue that no temporary measures should be taken against Russia: There is no threat to the Georgian population there.”
According to Ms Lawrence Blairon, the ICJ will decide on continuing with the proceedings and possible temporary measures “within two or three weeks”. “After the court determines whether the suit is in its jurisdiction, the case will be heard,” Georgian Interior Ministry spokesman Shota Utiashvili told Kommersant. “We seek both political and legal condemnation of Russia. We hope that, in case the Court decided in favor of the Georgian party, no state will recognize South Ossetia and Abkhazia.”
According to Mr Utiashvili, Georgia will appeal to the European Court of Human Rights (ECtHR) as well. “We have filed a petition for starting with the case, but haven’t got a reply yet,” he told Kommersant. By the way, the ECtHR has been already considering another Georgia’s suit against Russia connected with a deportation of Georgians in 2006. Yesterday Russia’s Justice Ministry representative Natalya Vishnyakova told Kommersant, “The court listened to both parties and is now determining whether the case falls under its jurisdiction.” The Georgian Justice Office reported that there have been “no developments regarding the matter”.
Meanwhile Russia stated on several occasions that it was going to file a suit against Georgia to the ICJ regarding its attack on Tskhinvali: in mid-August a group of investigators from the Russian Prosecutor General’s Office visited South Ossetia to collect proof. However, the Investigation Committee refused to reveal the details of the matter to Kommersant. A high-ranking official with the Russian Foreign ministry told Kommersant that so far they haven’t considered bringing a suit against Georgia.
Alexander Gabuev
All the Article in Russian as of Sep. 09, 2008
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