European Court Rules on Mirzashvili Cancer Treatment Case

On September 7, the European Court published its judgment on a case against Georgia: Mirzashvili v. Georgia (no. 26657/07)

The applicant, Nikoloz Mirzashvili, is a Georgian national who was born in 1971 and was at the relevant time serving a prison sentence in Rustavi Prison No. 2 (Georgia).

Before being placed in detention, he had undergone treatment for testicular cancer and had been diagnosed with chronic Hepatitis C (HCV). He was transferred to the prison hospital. In March 2006, he was examined by an oncologist, who concluded that the cancer had returned and that the chronic HCV had worsened. Mirzashvili underwent chemotherapy on just two occasions following that conclusion.

In March 2008, following the European Court of Human Rights’ (ECHR) indication, he was placed in the prison hospital and was to be provided with adequate treatment.

The applicant complains under Article 3 of the Convention, he was not provided with adequate medical care during his detention.

The ECHR declares that there was indeed a violation of Article 3 of the Convention on account of the inadequate medical treatment provided to the applicant for his cancer in prison until 28 March 2008 but that there had been no violation on account of the medical treatment provided to the applicant in prison after 28 March 2008.

The applicant claimed EUR 3,000,000 for pecuniary and non-pecuniary damage, covering his medical care and food, legal costs, expenses, as well as postal and translation fees. The Court awarded the applicant with EUR 333 in respect of pecuniary damage and EUR 4,500 in respect of non-pecuniary damage. The ECHR has dismissed the remainder of the applicant’s claim for just satisfaction.

Katie Ruth Davies