O.J. AND J.O. v. GEORGIA AND RUSSIA - 42126/15 (Jurisdiction of Russia and Georgia over Abkhazia - Preliminary objections dismissed : Second Section)

Art 1 • Jurisdiction of Russia and Georgia over Abkhazia • Effective control exercised by Russia over Abkhaz territory in view of strong Russian presence and Abkhaz authorities' dependency on the Russian Federation • Responsibility of Russia for acts of Abkhaz authorities in relation to detained applicants • Positive obligations of Georgia with regard to Abkhazia, a part of its territory over which at the time it had no control • No responsibility on the part of Georgia for acts as positive obligations satisfied

Art 5 § 1 (a) and (c) • Unlawful arrest and detention • Conclusions reached in Mamasakhlisi and Others v. Georgia and Russia applied • No information as to applicable laws and scarcity of official sources of information concerning legal and court system in Abkhazia • No basis for assuming existence of system in the region reflecting a judicial tradition compatible with the Convention

Art 6 § 1 (criminal) and 6 § 3 (c) • Conclusions reached in Mamasakhlisi and Others v. Georgia and Russia applied • Lack of fair hearing by an independent and impartial tribunal established by law • De facto Abkhaz courts could not qualify as a "tribunal established by law" • No real opportunity to organise defence and effectively benefit from the assistance of a lawyer throughout proceedings • Situation in respect of the legal and judicial system in Abkhazia could not be attributed to Georgia

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

The European Court of Human Rights (Second Section), sitting as a Chamber composed of: