Human rights in territories beyond effective control: european court of human rights towards de facto states in the post-soviet space [Articol]

Abstract

The aim of the paper is to analyse the human rights situation in de facto states in the post-Soviet space, based on the decision-making of the European Court of Human Rights. The object of the analysis is the interstate complaint Georgia v. Russian Federation(II) and three individual complaints: Ilaşcu and others v. Moldova and Russia, Chiragov and others v. Armenia, Mamasakhlisi and others v. Georgia. It will discuss the attribution of responsibility to the state that exercises effective control over the de facto state. It will also point out the recent development following the expulsion of the Russian Federation from the Council of Europe and the dissolution of the de facto Republic of Nagorno-Karabakh.