Since 2013 to present, the Georgian Young Lawyers Association , with the support of the Foundation has been implementing the project on the “Human Rights in Patient Care”. The major goal of the project is to protect the rights of the patient and to carry out strategic litigation concerning the right to health care. Government of Georgia admitted the violation of the right to life of the patient to the European Court on the basis of the complaint submitted by the Georgian Young Lawyers Association (GYLA). In accordance with the decision of September 9, 2014 of the European Court, Giorgi Dzebniauri lost his life because of the medical error (Application no. 67813/11 – ). Doctors have not been criminally responsible for the crime.
On October 7, 2011, the Georgian Young Lawyers Association appealed to the European Court of Human Rights for finding violation of the Article 2 (Right to Life) of the European Convention. The applicant, mother of the victim, Mrs. Zhana Dzebniauri claimed that the state failed to provide proper and safe operation of the medical establishment known under the common name of “Lechkombinati”. As a result of gallbladder removal surgery and post-surgery improper treatment, Mr. Giorgi Dzebniauri died on 9 April 2005. Under Article 116 (murder with gullibility) of the Criminal Code, the case was launched against the doctors responsible for the patient’s treatment. However, due to the artificially delayed investigation and existing shortcomings, the doctors were found not criminally responsible for the crime.
On June 4, 2013 the European Court gave notice of the application to the Government, inquiring whether the respondent State had complied with its relevant positive obligations under Article 2 of the Convention. The state submitted a friendly settlement conditions to the applicant and made a unilateral declaration:
The Government acknowledged deficiencies in the functioning of the private medical establishment known under the name of ‘Lechkombinati’ and admitted certain deficiencies in the course of the criminal investigation, which led to a breach of the State’s positive obligations under Article 2 of the Convention. The Government offered the applicant to pay 7,000 Euros to cover material and moral damages. The applicant welcomed the Government’s acknowledgment of a breach of the State’s relevant obligations, though, as a matter of principle, she refused any monetary offers from the Government. As the limitation period to hold the doctors responsible has already expired, the applicant will rely on the decision made by the European Court in order to determine guilt of those investigators and prosecutors who had been in charge of the defective criminal investigation into the cause of the death of Giorgi Dzebniauri.
Above mentioned decision of the European Court reflects the violations of human rights in the healthcare sector – the state fails to provide adequate medical services and legal protection mechanisms for the victims of violations of the rights of the patient (in the case of a criminal offense) are inefficient.
Open Society Georgia Foundation and Georgian Young Lawyers’ Association actively cooperate with the Government of Georgia and the Committee of Ministers of the Council of Europe in order to effectively introduce the decision for the protection of human rights in the healthcare sector.
More details about the case are available here
