The post-Soviet states and the extraterritorial application of the European Convention on Human Rights

Abstract

The Convention for the Protection of Human Rights and Fundamental Freedoms is an effective instrument for the protection of human rights not only within the territories of the High Contracting Parties. When one state affects human rights within the territory of another state it therefore may bear responsibility for occurred violations outside its own borders. The case-law of the European Court regarding extraterritorial application of the Convention continues to develop. However, thorough examination of the Court’s jurisprudence in this area it reveals a number of controversial issues and unresolved conflicts. The main focus of this study is extraterritorial violation of human rights within the territories of the Post-Soviet states, namely Moldova and Georgia. After the fall of the Soviet Union the world has witnessed self-determination claims within the former subnational republics’ territories. The Russian Federation has a tight relationship with the many Post-Soviet states, and even supports those who proclaimed their independence - Moldovan Republic of Transdniestria and Republics of South Ossetia and Abkhazia. The cases brought before the European Court against Russia for violation of human rights in Moldovan Republic of Transdniestria and South Ossetia are unique in terms of their nature and distinct from other extraterritorial cases.