Annual report

SRJI Annual Report 2008

Executive Summary

Our work produced significant results in 2008. The European Court of Human Rights handed down positive judgments in 27 cases submitted by Russian Justice Initiative, bringing the total number of positive judgments to 37. These judgments not only provide long-awaited moral and monetary redress to our clients, but also set important precedent and lay the foundation for future work on bringing about systemic change that will impact the general human rights situation in the North Caucasus. The many judgments in 2008 also strongly reaffirm the effectiveness of our litigation strategy and provide important incentives for our future work.

These victories likewise provide hope to the hundreds of applicants with cases still pending before the Court. Most cases decided in 2008 concerned disappearances in Chechnya and reaffirmed important principles such as the burden of proof, the right to compensation and the obligations of the state to fully cooperate with the Court. Other cases concerned extra-judicial executions, which have continued to produce important judgments related to the disproportionate use of force against civilians. The Court in 2008 also handed down its first judgments regarding grave human rights violations in Ingushetia.

Following the outbreak of the South Ossetia conflict in August 2008 and ensuing reports of grave human rights abuses, including use of cluster munitions, we decided to expand our litigation activities to the South Caucasus. The new project will seek redress for violations committed by both sides to the conflict through the framework of the ECtHR and work as a complement to our North Caucasus cases.

We have also continued our efforts to raise awareness and build the capacity of local lawyers to bring applications to the ECtHR. Our senior staff in 2008 participated as experts and lecturers in several trainings for local lawyers and judicial officials. The growing number of judgments in cases from the North Caucasus continues to attract the attention of journalists, and increasingly, also of academics.

The increased pace of review of cases at the Court is reflected in a growing number of communications and a shorter review period, leading to swifter judgments. At the same time, ensuring effective implementation of these judgments requires additional efforts and resources going forward. Effective implementation of individual and general measures as indicated by the Court remains one of our biggest challenges, but one which carries tremendous potential in bringing about systemic changes that will have a lasting effect on the Russian legal system and the human rights situation in general. In 2008, we submitted our recommendations to the Committee of Ministers in a number of cases and we will continue to do so in 2009.

For 2009 we expect further success before the ECtHR and estimate that the Court will hand down judgments in another twenty to thirty of our cases. We will also continue to submit new cases to the Court, seeking redress for grave human rights abuses in the North Caucasus and from the August 2008 conflict in Georgia and South Ossetia.

SRJI Annual Report 2008