Last Updated on October 13, 2022 by LawEuro
The applicant alleged that he did not receive adequate medical care in detention and that there was no effective remedy in that regard. He also raised other complaints under the provisions of the Convention.
THIRD SECTION
CASE OF KULACHINSKIY v. RUSSIA
(Applications nos. 49371/18 and 30841/20)
JUDGMENT
STRASBOURG
13 October 2022
This judgment is final but it may be subject to editorial revision.
In the case of Kulachinskiy 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, ActingDeputy 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 two 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 relevant details of the applications are set out in the appended table.
4. The applicant alleged that he did not receive adequate medical care in detention and that there was no effective remedy in that regard. He 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. The applicant complained principally that he was not afforded adequate medical treatment in detention and that he had no effective remedy in this connection. He 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 applicant suffered from a serious medical condition, as indicated in the appended table, which affected his everyday functioning. Therefore, he could have experienced considerable anxiety as to whether the medical care provided to him 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 March 2016, with further references).
9. Having examined all the material submitted to it, the Court has identified the shortcomings in the applicant’s medical treatment, 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 applicant did not receive comprehensive and adequate medical care whilst in detention. The Court further notes that the applicant did not have at his 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. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
11. The applicant submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019.
IV. REMAINING COMPLAINTS
12. The applicant 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).
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
13. 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.”
14. 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, and Kolesnikovich, cited above, §§ 82-92), the Court considers it reasonable to award the sum indicated in the appended table.
15. 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 about the quality of the medical assistance in detention, the lack of an effective domestic remedy in that regard, as well as other complaints raised under the well-established case-law of the Court (as indicated in the appended table), admissible and finds that it is not necessary to examine the complaints about the material conditions of the applicant’s detention after conviction and lack of effective remedies in this respect;
3. Holds that there has been a breach of Articles 3 and 13 of the Convention on account of the inadequate medical care in detention and lack of an effective remedy in that connection;
4. Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table);
5. Holds
(a) that the respondent State is to pay the applicant, within three months, the amount indicated in the appended table, to be converted into the currency of the respondent Stateat 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 amount 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 domestic law)
| Application no.
Date of introduction |
Applicant’s name
Year of birth
|
Principal medical condition | Shortcomings in medical treatment
Dates |
Other complaints under well-established case-law | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[i] |
| 49371/18
08/10/2018
and
30841/20 05/07/2020 |
Aleksandr Nikolayevich KULACHINSKIY
1972 |
HIV/AIDS | Lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy.
The applicant, a detainee serving life sentence in IK-1 Komi Republic (since 19/11/2015) but was in detention from early 2003. In 2003 he was diagnosed with HIV. On 19/08/2004 the applicant arrived at IK-22 Komi Republic. Until 2013 no tests were performed, and the applicant was not given ARV medications in all facilities he was detained. The applicant lodged a tort action complaining about poor medical care in detention. Final decision: 10/02/2021, Supreme Court of Russia (the applicant was awarded RUB 8,000) 19/08/2004 to 10/05/2018 More than 18 years, 8 months and 21 days |
Art. 3 – inadequate conditions of detention during transport – train, van from 23/11/2018 to 25/02/2019, 0,3 sq. m; overcrowding, lack of fresh air, passive smoking, lack of or insufficient electric light, lack of requisite medical assistance, poor quality of food, mouldy or dirty cell, no or restricted access to toilet;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.
|
16,000 |
[i] Plus any tax that may be chargeable to the applicant.
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