Goginashvili v. Georgia

Information Note on the Court’s case-law No. 145October 2011Goginashvili v. Georgia - 47729/08Judgment 4.10.2011 [Section III]Article 35Article 35-1Exhaustion of domestic remediesEffective domestic remedyProvisions of new Prison Code affording improved protection of rights to health-care in prison: effective remedy Facts – In his application to the European Court, the applicant, who was suffering from a number of serious chronic disorders, including renal failure and hepatitis, alleged that the prison authorities had not provided him with adequate medical care, in breach of Article 3 of the Convention. The Government raised a preliminary objection of failure to exhaust domestic remedies in that the applicant had not sued the authorities for monetary compensation under Article 207 of the General Administrative Code and Article 413 of the Civil Code or applied for a court order under Artic …