ECHR Decides on Interim Measure Over Saakashvili

The European Court of Human Rights decided on November 10 on interim measure to urge Mikheil Saakashvili, jailed Georgian ex-President to call off his hunger strike. The Court further decided that the Georgian Government should inform it on Saakashvili’s state of health, as well as the medical hospital treatment dispensed in the prison hospital; and that the authorities should ensure the ex-President’s safety in prison in general and should provide him with appropriate medical care for the post-hunger strike recovery period.

Saakashvili has been on hunger strike since his arrest on October 1. Authorities transferred him to the prison hospital on November 8, allegedly against his will. Saakashvili, his family, doctor, and lawyers repeatedly rejected the option, demanding his transfer to civilian clinic instead, citing various risks, including psychological abuse by noisy Gldani penitentiary facility inmates that hold ex-President personally responsible for crackdown on criminal networks during his 2004-2013 tenure. Saakashvili appealed to ECHR to be transferred to a civilian clinic.

The Court gave priority to the application, and required both parties – Saakashvili and the Justice Ministry – to provide the Court information by November 24. The Court will then discuss further steps.

The Strasbourg-based court also noted that the failure of Georgian authorities to comply with the measure may entail breaching article 34 of the European Convention on Human Rights, involving state obligation not to hinder the right to individual applications.

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