Provisional decision of the ECHR on the Saakashvili case

On November 10, the ECHR issued a provisional decision on “temporary measures” regarding Mikheil Saakashvili’s hunger strike, health and safety

Due to the content of the “provisional measures”, this decision of the Strasbourg Court means that the European Court of Human Rights saw the danger of irreparable damage to the life and health of Saakashvili.

What does the term “temporary measures” mean?

Upon receipt of the appeal, the Strasbourg court may request the state to take certain interim measures before the court examines the case.

“Provisional measures” are taken by Strasbourg when irreparable things can happen if the court’s decision is delayed – for example, the plaintiff’s life is in danger, he can be tortured, and so on. If this does not happen, the Strasbourg court can ask the state to refrain from certain actions – for example, not to return a person to a country where they risk being threatened with death or torture.

Saakashvili’s lawyers went to Strasbourg with a request for interim measures. The request of Saakashvili’s lawyers was not considered unjustified by the court and was accepted in the proceedings.

Strasbourg instructed the parties – both Saakashvili and the respondent Justice Ministry on behalf of the state to take certain measures.

● The European Court urges Mikheil Saakashvili to end his hunger strike. (A similar remedy is part of the case law of all hunger strikers. The same remedies have been brought before the European Court, for example, for Nadezhda Savchenko and Oleg Sentsov).

● The Georgian government has been tasked with providing Strasbourg with detailed information on the former president’s state of health and the medical treatment he received at the prison hospital by November 24 – how the patient is currently being treated, including treatments available in prison, etc.

● In addition to Saakashvili’s quality treatment, the authorities were also tasked with ensuring his safety in the penitentiary;

● The government has also been tasked with providing adequate medical care to Mikheil Saakashvili during the post-hunger strike period or after the end of the hunger strike in order to restore his health (on condition that Mikheil Saakashvili stops dying of hunger).

However, according to the European Court of Human Rights, if the Georgian government does not take these measures (v. European Convention on Human Rights. This article obliges the state, not to hinder a person / organization / group of people, to apply to the European Court.

The letter received from Strasbourg was followed by different interpretations in different political camps:

What Saakashvili’s lawyers say

Mikheil Saakachvili’s lawyers note that the Strasbourg court upheld their request for an interim measure.

According to Nika Gvaramia, Saakashvili’s lawyer, the main result is that the ex-president’s case has been given priority by Strasbourg, which means that all actions related to this case will be examined within a short period of time.

He also said that the important result is that Strasbourg calls on Mikheil Saakashvili to end the hunger strike, which means that by the Strasbourg decision, the fact of Mikheil Saakachvili’s hunger strike is already internationally recognized.

“The court asked the Georgian authorities to immediately inform them of Mikheil Saakashvili’s current state of health and to provide detailed information on all the medical procedures carried out on him currently in the 18th establishment,” Gvaramia said.

“We have been tasked with providing daily updates to the Strasbourg court on Mikheil Saakashvili’s condition, both in terms of health and safety,” he added.

Gvaramia says that in the decision, the The European Court did not directly indicate the issue of Saakashvili’s transfer to a civilian clinic, however, this indicated the need for high quality treatment.

“Obviously we would prefer there to be a direct reference to the transfer, but such things do not happen in practice,” said Gvaramia.

He also notes that in November 24 this information will be reconciled again and with a high probability the Strasbourg court will again discuss what is happening.

What the government says

A different interpretation of the Strasbourg decision has been published by Justice Minister Rati Bregadze.

He said a Strasbourg court rejected Saakashvili’s complaint to transfer him to a private clinic and asked him to end his hunger strike.

According to the minister, the government must provide the European Court of Human Rights with information on the health and safety of the applicant before November 24, 2021.

Mikheil Saakashvili has been on a hunger strike for more than 40 days since his arrest on October 1.

On November 8, he was transferred from Rustavi Prison to Gldani Prison Hospital against his will in order “to prevent deterioration of his health”. Saakashvili himself, his family, doctors and the Public Defender’s office opposed his transfer to the prison hospital on the grounds that the prison hospital lacked the necessary medical equipment to treat Saakashvili and was also dangerous.

The Public Defender has repeatedly inspected the medical establishment in Gldani prison. The ombudsman wrote in the reports that the conditions at the clinic were inappropriate for the patient’s treatment.

Elene Khoshtaria, leader of the “Droa” political party, has gone on a hunger strike in parliament demanding that Saakashvili be taken to the civilian clinic.

Along with these processes, on November 8, the opposition launched large-scale and continuous protests demanding the release of Mikheil Saakashvili and the calling of early elections.