On December 17, 2024, the European Court of Human Rights (ECHR) delivered a landmark judgment in the case of Taganova and Others v. Georgia and Russia, holding Russia fully responsible for property rights violations in Russian-occupied Abkhazia.

The case involved complaints by six applicants—four Georgian and two Russian nationals—who were denied access to their homes and properties in Abkhazia following hostilities in the region. The Court found violations of Article 1 of Protocol No. 1 (protection of property rights and Article 8 (right to respect for private and family life) of the European Convention on Human Rights.

Key Findings

            1.         Russia’s Effective Control:

The Court reaffirmed that Russia exercises effective control over Abkhazia and is thus responsible for safeguarding property rights in the region. It noted that Russia failed to establish accessible legal mechanisms for individuals to claim their rights.

            2.         Georgia’s Efforts Recognized:

The ECHR acknowledged that Georgia had been unable to exercise control over Abkhazia due to Russia's military, political, and economic interference. However, it highlighted Georgia's initiatives, such as the 2008 Law on Occupied Territories, aimed at protecting property rights in these regions.

            3.         Lack of Domestic Remedies:

The Court rejected arguments from both the Georgian and Russian governments, stating that neither had provided effective legal remedies for the applicants to secure their property rights.

            4.         Compensation Ordered:

Russia was ordered to pay:

            •           €25,000 to Tariel Esartia for pecuniary and non-pecuniary damages.

            •           €35,000 each to Ketevan Mekhuzla, Ksenia Sanaia, Souliko Dvali, and Marina Gogia.

            •           €18,000 to the Human Rights Advocacy Centre for costs and expenses.

The ECHR asserted jurisdiction over the case because the alleged violations occurred before September 16, 2022, when Russia ceased to be a party to the European Convention.

Following the ruling, Georgian Minister of Justice Anri Okhanashvili praised the decision, stating, “The Strasbourg Court’s ruling once again confirms that Russia bears full responsibility for human rights violations in the occupied territories.” The Ministry emphasized that the judgment validates Georgia’s commitment to protecting its citizens’ property rights despite challenges in Abkhazia.