We are responding to the health condition of political prisoner Elene Khoshtaria. According to her lawyer's statement [1], her health condition has been worsening day by day over recent months.
Specifically, the deterioration began over the past four months. She experiences severe joint pain, has considerable difficulty moving and walking, periodically cannot even write, and requires a cane when moving around.
The examinations conducted at the penitentiary facility are sporadic, unsystematic and ineffective. Despite medical assistance provided by the prison doctor, her condition is not improving.
According to the lawyer's explanation, regarding the deterioration of Elene Khoshtaria's health condition, a consultation was held with her treating Turkish doctors. According to the assessment of the Turkish physicians, without proper treatment there exists a risk of severe and possibly irreversible consequences developing for Elene Khoshtaria's health, including significant damage to the musculoskeletal system and the threat of substantial limitation or loss of the ability to move independently.
The assessments and recommendations sent by the Turkish doctors, approximately two months ago, were handed over to the medical personnel of Penitentiary Establishment No. 5 immediately upon receipt.
In response to the lawyer's written request to the penitentiary facility, no appropriate treatment plan has been presented for the detained Elene Khoshtaria, and no measures have been taken to address the available diagnosis, the ongoing deterioration of her condition, the severity of the illness, and the ineffective treatment.
International standards being violated with respect to Elene Khoshtaria
According to the European Court of Human Rights, Article 3 of the European Convention on Human Rights (“Prohibition of Torture”) requires the State to ensure that a prisoner is detained in conditions compatible with respect for his or her human dignity. The manner and method of executing criminal measures must not subject a person to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention. The prisoner’s health and well-being must be adequately secured, including through the provision of the necessary medical assistance (Kudla v. Poland, Application No. 30210/96, 26 October 2000, § 94).
The European Court has found in numerous cases that a failure to provide adequate medical care constitutes a violation of Article 3 of the Convention. The mere fact that a detainee has been examined by a doctor and prescribed certain treatment cannot automatically lead to the conclusion that adequate medical care has been provided. The State must ensure comprehensive record-keeping concerning the detainee’s health condition, as well as prompt and accurate diagnosis. Furthermore, where necessitated by the detainee’s medical condition, medical supervision must be regular and systematic and must involve a comprehensive therapeutic strategy aimed at adequately treating the detainee’s health problems or preventing their aggravation, rather than merely addressing individual symptoms (Blokhin v. Russia, Application No. 47152/06 [GC], 23 March 2016, §§ 136–137).
In light of the above-mentioned standards established by the European Court, it is abundantly clear that the prison administration and, ultimately, the State are flagrantly violating Elene Khoshtaria’s fundamental rights protected under Article 3 of the European Convention on Human Rights and Article 9 of the Constitution of Georgia.
Based on all of the above, it is clear that Elene Khoshtaria is a political prisoner, and the decision regarding her detention was made by Bidzina Ivanishvili and members of his team.
We demand that Elene Khoshtaria, as a political prisoner, be immediately released, and that during the period of her detention she be urgently given the opportunity for proper treatment, specifically access to adequate diagnostic and therapeutic measures, including, if necessary, in a civilian hospital.
In the event of further deterioration of Elene Khoshtaria's health condition, responsibility will fall on the ruling Georgian Dream party, its founder Bidzina Ivanishvili, and members of his team. They, along with all persons participating in the execution of this political decision, are committing a criminal offense related to the torture of a person (Criminal Code Article 144¹), or degrading or inhuman treatment (Criminal Code Article 144³), combined with abuse of official authority (Criminal Code Article 333).