The European Court of Human Rights Reaffirms Russia’s Effective Control Over Abkhazia

24 December, 2024

On December 17, 2024, the European Court of Human Rights (ECHR) issued its judgment in the case of Taganova and Others v. Georgia and Russia. The case concerned six individuals who have been unable to access their homes and properties in Abkhazia since the outbreak of armed conflict.

The case was submitted to the ECHR in 2004 by Rights Georgia (formerly Article 42 of the Constitution). The applicants were represented before the court by the organization’s legal team, including Pavle Beria, Natia Katsitadze, and Vakhtang Vakhtangidze.

The court concluded that Russia exercises effective control over Abkhazia, which failed to safeguard the applicants' property rights in the occupied territory. Consequently, the ECHR held Russia fully accountable for violations of property rights in Abkhazia. The court found breaches of Article 1 of Protocol No. 1 (protection of property) and Article 8 (respect for private and family life) of the European Convention on Human Rights.

The court ordered Russia to pay compensation to the applicants: €25,000 to one applicant and €35,000 to four others individually, for both material and non-material damages. Additionally, €18,000 was awarded to the applicants to cover legal costs.

The ECHR also highlighted that, since the 1990s, Georgia has not had effective control over Abkhazia due to Russia's military, political, and economic interference. However, the court acknowledged Georgia’s efforts to protect the property rights of its citizens despite the territory being beyond its de facto control.

This ruling underscores Russia's responsibility for human rights violations in Georgia’s occupied territories and highlights the challenges displaced individuals face in reclaiming their property rights.