Published on 18 May 2026
 
FOURTH SECTION
Application no. 31403/25
Mariam MUKBANIANI
against Georgia
lodged on 9 October 2025
communicated on 28 April 2026
SUBJECT MATTER OF THE CASE
The application concerns the death of the applicant’s daughter, who was 2 years and 11 months at the material time, allegedly resulting from medical negligence. A criminal investigation into the offence of causing death by negligence was opened on 3 May 2022 and is still ongoing.
The applicant complains, under the procedural limb of Article 2 of the Convention, that the authorities have failed to conduct an effective investigation into her daughter’s death.
QUESTIONS TO THE PARTIES
1.  Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention? In particular, was a civil action for compensation an effective remedy in the circumstances of the case? The parties are invited to submit any relevant domestic case-law in support of their submissions.
 
2.  Have the authorities conducted an effective investigation into the death of the applicant’s daughter, as required by the procedural limb of Article 2 of the Convention (see, for example, Lopes de Sousa Fernandes v. Portugal [GC], no. 56080/13, §§ 214-21, 19 December 2017; Mehmet Şentürk and Bekir Şentürk v. Turkey, no. 13423/09, §§ 81-83; 98-106, ECHR 2013; and Šilih v. Slovenia [GC], no. 71463/01, §§ 192-211, 9 April 2009)?  In this connection, has the medical expert examination ordered on 4 May 2023 been carried out? The Government are requested to submit copies of all relevant documents, including those setting out the legislative and administrative framework governing such expert examinations.
 
3.  Did the applicant have at her disposal an effective domestic remedy in respect of her complaints under Article 2 of the Convention, as required by Article 13 of the Convention? In particular, was there a domestic remedy, other than the criminal proceedings, which could have secured a more effective examination of the applicant’s complaints?