Published on 3 October 2022

FIFTH SECTION

Application no. 38019/22 Marina MTAVRISHVILI against Georgia lodged on 29 July 2022 communicated on 12 September 2022

SUBJECT MATTER OF THE CASE

The application concerns the death of the applicant’s brother after falling into a coma due to trauma-induced brain damage which revealed itself ten days following his arrest and questioning at the police station and the alleged lack of an effective investigation into the matter. The applicant alleges that her brother started experiencing headaches immediately following his release and that he reported having been verbally assaulted and physically ill-treated by the policemen involved in his arrest and questioning. The criminal investigation into the matter is ongoing since April 2019.

QUESTIONS TO THE PARTIES

1. Has there been a violation of the applicants’ brother’s rights guaranteed by Articles 2 and 3 of the Convention? In particular, was he ill ‑ treated upon arrest? Did his death result from ill‑treatment or other unlawful action by State officials?

2. Has the investigation into the alleged ill‑treatment and death of the applicant’s brother been in breach of the requirements under the procedural limb of Article 2 and/or Article 3 of the Convention (see Salman v. Turkey [GC], no. 21986/93, §§ 104-105, ECHR 2000-VII, Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000‑IV; and Mustafa Tunç and Fecire Tunç v. Turkey [GC], no. 24014/05, §§ 169‑82, 14 April 2015)?