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Russia opens new criminal case against Georgia

Published: 04 March, 2010, 18:22
Edited: 18 March, 2010, 06:29

Tskhinvali / RIA Novosti / Mikhail Fomichev, STF

Tskhinvali / RIA Novosti / Mikhail Fomichev, STF

TAGS: Conflict, Crime, Military, EU, Georgia, Russia, Ossetian War, Protest, Politics, Europe, Saakashvili, Law


Russia has charged Georgia with genocide and the mass murders of Russian citizens in South Ossetia during the 2008 military conflict, while new criminal charges are pending.

The Investigative Committee of Russia’s Prosecutor’s Office says it has obtained new evidence that proves Georgia’s guilt in yet more crimes in the course of the August 2008 conflict and has initiated a new court case.

"A criminal case has been opened… on crimes described in Criminal Code articles dealing with the use of banned warfare means and methods, the use of mercenaries, and attack on individuals and institutions that fall under international protection," says Vladimir Markin, a spokesman for the Investigative Committee.

Markin said the Investigative Committee has also collected evidence of premeditated murders, the abduction of civilians, and the use of “unsubstantiated violence in relation to prisoners of war and illegally detained civilians.”

Georgia’s alleged use of cluster bombs, as well 500-kilogram bombs against civilians in South Ossetia were also mentioned. These weapons have been banned by international conventions.

Russian investigators say, they have evidence that the Georgian military waged attacks on Russian peacekeepers and institutions, which by law are under international protection due to their status.

“The meticulous work carried out by investigative agencies has uncovered and documented numerous violations of international humanitarian law, as well as universally recognized human rights and freedoms, by the Georgian military in relation to South Ossetian civilians and Russian peacekeepers,” Markin continued.

Furthermore, the investigation has proven the participation of mercenaries from the Ukrainian nationalistic organization UNA-UNSO working on the side of Georgia.

“The mercenaries were recruited, financed, and provided with other material support by Georgian Interior Ministry officials," Markin said.

International Investigation

Meanwhile, Georgia is planning to sue Russia in international courts in an attempt to collect $40 billion dollars as compensation for damages that Georgia alleges it has sustained from Russia since 1990 on the territories of South Ossetia and Abkhazia.

At the same time, Georgian politicians admit this is a political move that aims at getting the international community blame Russia for the conflict. Indeed, immediately following the 5-day conflict, on August 12, 2008, Georgia submitted a petition to the UN's International Court in The Hague to initiate hearings against Russia.

Russia objected to the charges, citing the groundlessness of Georgia’s allegations and saying that the International Court does not have the jurisdiction to examine Georgia’s suit.

Meanwhile, in September last year, an independent international fact-finding mission backed by the EU issued a report stating that Georgia was the aggressor in the conflict and started the war in South Ossetia and accused Georgia of violating international laws by using force.

______________________________________________

Read the full Report of the Independent International Fact-Finding Mission on the Conflict in Georgia: Volume I; Volume II; Volume III

______________________________________________


Russia has also asked the International Criminal Court in The Hague to investigate this matter further and to punish Georgia. Meanwhile, Tbilisi says it welcomes the ICC’s decision to investigate the 2008 military conflict, saying it is willing to provide all necessary materials required for the court.

Earlier, the head of the Russian Investigations Committee, Aleksander Bastrykin, criticized the Russian Foreign Ministry of insufficient legal action against the Georgian leadership and military during the conflict.

"From my point of view, our Foreign Ministry is not active enough in this sphere," Bastrykin said in November while answering questions from the members of the Federation Council Committee on Legal and Judicial issues.

He said that only seven requests regarding “the criminal actions of the Georgian military” were filed at the European Court of Human Rights, which he believed was insufficient.

“With the materials of our criminal case only, we should not be defendants, but plaintiffs and take a more active stance,” concluded Bastrykin.

The Russian Investigative Committee states that 162 civilians and 67 Russian soldiers were killed and 255 people wounded during the five-day war in South Ossetia in August 2008. More than 33,000 South Ossetians were forced to leave their homes as a result of the conflict.

Olga Masalkova, RT

+29 (36 votes)
 
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Prophet April 22, 2012, 04:26
0

Have Russian courts charge charged Georgia with genocide and the mass murders of Russian citizens in South Ossetia during the 2008 military conflict. Charge Mikheil Saakashvili guilty and have secret service to extradite him to Russia.

GarryB March 18, 2010, 05:22
0

MEJanssen, I would suspect such agreements were signed during the Yeltsen years and need to be looked at once again. As you suggest, much of it is token revenge and I would rather doubt the quality of the courts rulings. I think I read on this site that to join the OSCE Russia had to sign the papers to give Strasburg the jurisdiction. The performance of the OSCE in the South Ossetian conflict suggests to me that the Russians really should withdraw from that and from this european court in strasburg. Regarding the thing you ate... never be ashamed of being paranoid. Just because you are paranoid it doesn't mean the whole world isn't out to get you.

MEJanssen March 06, 2010, 02:54
0

@GarryB, I fear you may be right about bias in European courts. However the government has decided that allowing the jurisdiction of the Strasbourg court over Russian courts is a good thing. We will see. There are so many ways to "game" that process, and so many people who would like to get some kind of revenge over Soviet era wrongs. Or perhaps the Strasbourg court will hear cases dating only since 1991? I'm not sure what the rules are with that court. I do recall the Yukos investors are now suing Russia because their "rights" had been violated, or something. There seem to be a lot of American investors among the plaintiffs - maybe they think they see a good money-making scheme? Sorry if I sound too cynical today. Must be something I ate.