Makharadze and Sikharulidze v. Georgia

Information Note on the Court’s case-law No. 146November 2011Makharadze and Sikharulidze v. Georgia - 35254/07Judgment 22.11.2011 [Section III]Article 2Positive obligationsFailure to provide effective treatment to a prisoner suffering from multidrug-resistant tuberculosis: violation Article 34Hinder the exercise of the right of petitionFailure to comply with interim measure requiring prisoner’s placement in specialised medical establishment: violation Facts – The first applicant died of pulmonary tuberculosis in January 2009 while serving a prison sentence for drugs offences. The second applicant is his widow.The first applicant, who had been suffering from tuberculosis for a number of years, was arrested in March 2006 and detained pending trial. He appealed against his detention on health grounds but his appeal was dismissed. A few days later, following a drastic deterioration in his co …