Statement of the alleged violation of Article 3 of the Convention

In the custody was no daily regime in the prison where the applicant had to house. There were no activities. In addition, the food was inedible and the water was unsuitable for drinking. There was serious unsanitariness. The applicant's cell was full of lice and bugs. There was no water for washing available in the building, where the Applicant was allocated. The water was in separate building and the prisoners have to take long turn to wash. Therefore, the applicant was able to wash at best once a week. In such conditions the requirements of personal hygiene cannot be met.

Also inhumane was that the applicant had not been allowed to receive necessary back surgery, surgery that his family was willing to pay for, to relieve the severe and painful medical condition of his spine. Indeed, the applicant was not even provided with any pain killing medication for his conditions. Therefore, the applicant had to endure terrible back pain. This situation is equivalent to torture.

The CPT states, "A prison health care service should be able to provide medical treatment and nursing care, as well as appropriate diets, physiotherapy, rehabilitation or any other necessary special facility, in conditions comparable to those enjoyed by patients in the outside community." (See CPT, "The CPT Standards, Substantive Sections of the CPT's General Reports," p. 31, para. 38).

The European Court of Human Rights pointed out that a failure to provide adequate medical assistance to a detainee in prison contributing to conditions amounted to degrading treatment constitute a violation of Article 3 of the European Convention on Human Rights. (Melnik v. Ukraine, no. 72286/01, judgment of March 28, 2006).

Article 3 of the Convention is violated in respect to the first applicant, because he is not provided with adequate normal and emergency medical care.

On 28 January 2006 the first applicant was moved from the custody #5 to the medical institution for convicts and prisoners, where he undergoes mainly drug therapy (see attached Annex A..), based on his diagnosis, that is not enough. His disease is developing progressively; the conducted medical treatment had no expected result. Moreover, the patient's long-time presence at the medical institution for convicts and prisoners will greatly worsen and exacerbate his medical condition. To the present application it is attached the case history #86 delivered by the medical institution for convicts and prisoners, which demonstrates that, in spite of the conducted treatment, the first applicant needs emergency surgical treatment at a specialized clinic.

The conditions of detention which the applicant has had to endure, in particular the severely overcrowded, bug- and louse-ridden cell, unsanitary environment and above all the failure of adequate medical care, violated Article 3.

Considering the foregoing, Article 3 of the European Convention has been violated in relation to the first applicant in numerous respects.

Also the second applicant complains about violation of her rights according to Article 3.

The trustee of the Public Defender of Georgia, Levan Labauri, reported in his protocol of 3 August 2006 about a hearing of the second applicant by a prosecutor and a judge in the custody for women and minors regardless of her serious condition. She lost consciousness for several times and was not able to get up. Despite this, the judge kept on examining her. A physician gave her with first aid. Regardless the fact that the accused was obliged to leave the hearing because of her medical condition, the judge did not make any comment on this fact and decided to continue the hearing. Such an inhuman manner of a hearing is a degrading treatment, it violates human rights and stands for torture, or at least it comes very close to torture. (See the attached Annex A.. ).

As a result of such stress the second applicant got a paraparesis of legs that was stated by the commission expertise that she underwent on 17 August 2006 (Se the attached Annex A ..).

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