CASE OF O.J. AND J.O. v. GEORGIA AND RUSSIA

SECOND SECTIONCASE OF O.J. AND J.O. v. GEORGIA AND RUSSIA(Applications nos. 42126/15 and 42127/15) JUDGMENT 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 satisfiedArt 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 basi …