Last Updated on October 13, 2022 by LawEuro
Mr A. Politayev and Mr A. Belyayev alleged that they did not receive adequate medical care in detention and that there was no effective remedy in that regard. The applicants also raised other complaints under the provisions of the Convention.
THIRD SECTION
CASE OF POLITAYEV AND OTHERS v. RUSSIA
(Applications nos. 62123/16 and 56059/17 – see appended list)
JUDGMENT
STRASBOURG
13 October 2022
This judgment is final but it may be subject to editorial revision.
In the case of Politayev and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Frédéric Krenc, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 15 September 2022,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. Notice of the applications was given to the Russian Government (“the Government”).
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. Mr A. Politayev and Mr A. Belyayev alleged that they did not receive adequate medical care in detention and that there was no effective remedy in that regard.The applicants also raised other complaints under the provisions of the Convention.
THE LAW
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II. ALLEGED VIOLATION OF ARTICLES 3 AND 13 OF THE CONVENTION
6. Mr A. Politayev and Mr A. Belyayevcomplained principally that they were not afforded adequate medical treatment in detention and that they had no effective remedy in this connection. They relied on Articles 3 and 13 of the Convention, which read as follows:
Article 3
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
Article 13
“Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority …”
7. The Court notes that the applicants suffered from serious medical conditions, as indicated in the appended table, which affected their everyday functioning. Therefore, they could have experienced considerable anxiety as to whether the medical care provided to them was adequate.
8. The Court reiterates that the “adequacy” of medical assistance remains the most difficult element to determine (see Blokhin v. Russia [GC], no. 47152/06, § 137, ECHR 2016). It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010,and Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014) and that ‒ where necessitated by the nature of a medical condition ‒ supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee’s health problems or preventing their aggravation (see Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March2016, with further references).
9. Having examined all the material submitted to it, the Court has identified the shortcomings in the medical treatment of the two applicants, Mr A. Politayev and Mr A. Belyayev, which are listed in the appended table. The Court has already found a violation with regard to issues similar to those in the present case (see Blokhin, cited above, §§ 120-50; Reshetnyak v. Russia, no. 56027/10, §§ 49-101, 8 January 2013; and Koryak v. Russia, no. 24677/10, §§ 70-110, 13 November 2012). Bearing in mind its case-law on the subject, the Court considers that in the instant case the two applicants did not receive comprehensive and adequate medical care whilst in detention. The Court further notes that the two applicants did not have at their disposal an effective remedy in that connection.
10. These complaints are therefore admissible and disclose a breach of Articles 3 and 13 of the Convention.
III. REMAINING COMPLAINTS
11. The applicant, Mr Politayev (application no. 62123/16) further complained about material conditions of his detention after conviction and lack of effective remedies to complain in that respect. Having regard to the facts of the case, the submissions of the parties, and its findings above, the Court considers that it has dealt with the main legal questions raised by the applicant and that there is no need to examine these complaints (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 156, ECHR 2014).
12. In application no. 56059/17 the applicants also raised other complaints under Articles 8 and 13 of the Convention.
13. The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention.
It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
15. Regard being had to the documents in its possession and to its case‑law (see, in particular, Tselovalnik v. Russia, no. 28333/13, §§ 70-77, 8 October 2015, andKolesnikovich, cited above, §§ 82-92), the Court considers it reasonable to award the sumsindicated in the appended table to the applicants, Mr A. Politayev and Mr A. Belyayev.
16. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the complaints concerning the failure of the authorities to provide Mr A. Politayev and Mr A. Belyayev with the adequate medical care in detention and their complaints concerning the lack of effective remedies in this regard admissible; decides that it is not necessary to examine separately further complaints in application no. 62123/16 about material conditions of detention after conviction and lack of effective remedies to complain in that respect; and dismisses the remaining complaints in application no. 56059/17 as inadmissible;
3. Holds that there has been a violation of Article 3 of the Convention on account of the inadequate medical care in detention of the two applicants, Mr A. Politayev and Mr A. Belyayev;
4. Holds that there has been a violation of Article 13 of the Convention on account of the lack of an effective domestic remedy regarding complaints about the quality of the medical care in detention;
5. Holds
(a) that the respondent State is to pay the two applicants, Mr A. Politayev and Mr A. Belyayev, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 13 October 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
______________
APPENDIX
List of applications raising complaints under Articles 3 and 13 of the Convention
(inadequate medical treatment in detention and lack of any effective remedy in this regard)
| No. | Application no. Date of introduction |
Applicant’s name Year of birth |
Principal medical condition | Shortcomings in medical treatment Dates |
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses (in euros)[i] |
| 1. | 62123/16 17/08/2016 |
Aleksey Nikolayevich POLITAYEV 1974 |
kidney disease; the applicant has one kidney, he suffers from chronic pyelonephritis, polycystic kidney disease, damaged emunctory function | lack of the prescribed drugs, recommended recovery treatment, or special diet 02/04/2015 – pending More than 7 year(s) and 2 month(s) and 27 day(s) |
15,000 |
| 2. | 56059/17 16/10/2017 (6 applicants) |
Aleksey Anatolyevich BELYAYEV 1979 Household Sergey Anatolyevich BELYAYEV 1982 Elizaveta Sergeyevna BELYAYEVA 2008 AnisyaGrigoryevna CHERNYKH 1938 Galina Ivanovna IVANOVSKAYA 1959 Mikhail Ruslanovich IVANOVSKIY 1986 |
chronic thrombosed haemorrhoids | lacking/delayed drug therapy, lack of surgery 11/10/2018 – pending More than 3 year(s) and 8 month(s) and 18 day(s) |
15,000, to be paid to Mr Aleksey Belyayev |
[i] Plus any tax that may be chargeable to the applicants.
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