The applicants are two Georgian nationals: Niko Makharadze, who died aged 41, and his wife, Dali Sikharulidze. The case concerns the spread of a fatal form of multidrug- resistant tuberculosis in Georgian prisons and the authorities’ inability to provide effective treatment. Mr Makharadze, who suffered from tuberculosis, was arrested in March 2006 on suspicion of possessing drugs and placed in detention pending trial. He was convicted as charged in July 2006 and sentenced to seven years in prison. He requested that his prison sentence be suspended on account of his state of health and the fact that he was not being provided with effective anti-tuberculosis drugs in prison. He also subsequently went on hunger strike to protest about the failure to follow domestic court medical recommendations in his case. In November 2008 the European Court indicated to Georgia under Rule 39 (interim measures) of its Rules of Court that Mr Makharadze should be transferred to a hospital specialising in the treatment of tuberculosis. The Government refused as it considered such a measure unnecessary, Mr Makharadze having already been transferred to a new prison hospital where he had access to a programme for treating multidrug-resistant forms of tuberculosis. Mr Makharadze’s health deteriorated drastically during his detention and he died in the prison hospital in January 2009. Relying on Articles 2 (right to life) and 3 (prohibition of inhuman or degrading treatment), the applicants allege that Georgia failed to take all reasonable steps to protect Mr Makharadze’s health and life. Further relying on Article 34 (right to individual petitition), Mr Makharadze complained – and his wife maintains this complaint – that the Government refused to transfer him to a specialised hospital despite the Court’s medical interim measure.
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)