CASE OF MAMASAKHLISI AND OTHERS v. GEORGIA AND RUSSIA

SECOND SECTIONCASE OF MAMASAKHLISI AND OTHERSv. GEORGIA AND RUSSIA(Application nos. 29999/04 and 41424/04) JUDGMENTArt 1 • Jurisdiction of Russia and Georgia over Abkhazia • Effective control and decisive influence exercised by Russia over Abkhaz territory in view of political, economic and financial support as well as dissuasive military involvement • 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 discharged Art 3 (substantive) • Inhuman or degrading treatment • Ill-treatment during interrogation, inadequate conditions of detention and lack of adequate medical treatmentArt 5 § 1 (a) and (c) • Unlawful arrest and detention • No information as to ap …