ECHR: Russia Failed to Ensure Displaced Homeowners Rights in Abkhazia, Georgia
On December 17, 2024 the European Court of Human Rights (ECHR) has published its judgment in the case of Taganova and Others v. Georgia and Russia, holding Russia fully responsible for the violations of property rights in Georgia’s occupied region of Abkhazia.
The case concerned complaints filed by six applicants—four Georgian (Ketevan Mekhuzla, Ksenia Sanaia, Souliko Dvali and Marina Gogia) and two Russian (Galina Alekseevna Taganova and Tariel Apolonovich Esartia) nationals who were denied access to their homes and property in Abkhazia following hostilities in the region. In its unanimous ruling, the Court found violations of Article 1 of Protocol No.1 (protection of property) and Article 8 (right to respect for private and family life) of the European Convention on Human Rights.
The ECHR reiterated that Russia exercises effective control over Abkhazia and has failed to secure the property rights of individuals, particularly Georgian citizens, in the occupied territory. “They should have taken steps to protect those rights, such as providing an easily accessible and flexible legal mechanism. They had failed to do so. Accordingly, the breach of these applicants’ rights was attributable to the Russian Federation”, the Court’s press release stated.
The Court also emphasized that Georgian authorities have been unable to exercise effective control over the region since the 1990s due to Russia’s military, political, and economic interference. The Court held that Georgia had made sufficient efforts to re-establish State control over the territory, mentioning in particular the 2008 Law on Occupied Territories, which had voided all real-estate transactions carried out in contravention of Georgian law and reiterated property rights in the occupied territories.
The ECHR rejected arguments from both the Georgian and Russian governments concerning domestic remedies, stating that no effective legal mechanisms were available for the applicants to secure their property rights in either jurisdiction.
In addition, the Court also ruled that: Russia has to pay Mr. Esartia EUR 25,000 in respect of pecuniary and nonpecuniary damage; and EUR 35,000 each to Ms. Mekhuzla, Ms. Sanaia, Ms. Dvali and Ms. Gogia in respect of pecuniary and non-pecuniary damage. It ordered payment of EUR 18,000 to the Human Rights Advocacy Centre in respect of costs and expenses for all the applicants jointly, apart from Ms. Taganova”.
The Court decided that it had jurisdiction to deal with the case, as the facts giving rise to the alleged violations of the Convention had taken place before 16 September 2022, the date on which Russia ceased to be a party to the European Convention.
Briefing at the Ministry of Justice
In a briefing following the judgment, Georgian Dream’s Minister of Justice Anri Okhanashvili, welcomed the decision and stated that “the Strasbourg Court’s ruling once again confirms that Russia bears full responsibility for human rights violations in the occupied territories, as it continues to exercise effective control over Abkhazia.” The Ministry highlighted that the judgment underscored Georgia’s efforts to protect its citizens’ property rights, even in regions beyond its control.
Also Read:
- 10/03/2023 – ECHR Rules Russia Responsible for Violation of Human Rights by de-facto Abkhaz Authorities
- 09/04/2024 – ECHR Rules in Favor of Georgia in 2018 Appeal Against Russia’s “Borderization” Efforts
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