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.<\/p>\n
THIRD SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Kalmykov v. Russia,<\/strong><\/p>\n The European Court of Human Rights (Third Section), sitting as a Committee composed of:<\/p>\n Peeter Roosma, President, Having deliberated in private on 9 December 2021,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in an application against Russia lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on 12 November 2016.<\/p>\n 2. Notice of the application was given to the Russian Government (\u201cthe Government\u201d).<\/p>\n THE FACTS<\/strong><\/p>\n 3. The applicant\u2019s details and information relevant to the application are set out in the appended table.<\/p>\n 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.<\/p>\n THE LAW<\/strong><\/p>\n I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION<\/p>\n 5. The applicant complained that he was not afforded adequate medical treatment in detention. He further alleged that he had been detained and transported in inhumane conditions, particularly taking into account his state of health. He relied on Article\u00a03 of the Convention, which reads as follows:<\/p>\n Article\u00a03<\/p>\n \u201cNo one shall be subjected to torture or to inhuman or degrading treatment or punishment.\u201d<\/p>\n A. Medical treatment in detention<\/strong><\/p>\n 6. 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.<\/p>\n 7. The Court reiterates that the \u201cadequacy\u201d of medical assistance remains the most difficult element to determine (see Blokhin v.\u00a0Russia [GC], no.\u00a047152\/06, \u00a7\u00a0137, ECHR 2016). It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example,\u00a0Gorbulya v.\u00a0Russia, no.\u00a031535\/09, \u00a7 62, 6\u00a0March 2014, with further references and Pokhlebin v.\u00a0Ukraine, no.\u00a035581\/06, \u00a7 62, 20\u00a0May 2010, with further references) and that \u2012 where necessitated by the nature of a medical condition \u2012 supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee\u2019s health problems or preventing their aggravation (see, inter alia, Ukhan v.\u00a0Ukraine, no. 30628\/02, \u00a7 74, 18 December 2008, with further references and Kolesnikovich v.\u00a0Russia, no.\u00a044694\/13, \u00a7\u00a070, 22\u00a0March 2016, with further references). The Court stresses that medical treatment within prison facilities must be appropriate and comparable to the quality of treatment which the State authorities have committed themselves to providing for the entirety of the population. Nevertheless, this does not mean that each detainee must be guaranteed the same level of medical treatment that is available in the best health establishments outside prison facilities (see, for instance, Sadretdinov v.\u00a0Russia, no.\u00a017564\/06, \u00a7\u00a067, 24\u00a0May 2016, with further references and Konovalchuk v. Ukraine, no.\u00a031928\/15, \u00a7\u00a052, 13\u00a0October 2016, with further references)<\/p>\n 8. Having examined all the material submitted to it, the Court has identified the shortcomings in the applicant\u2019s medical treatment, which are listed in the appended table. The Court has already found a violation in respect of issues similar to those in the present case (see Blokhin, cited above, \u00a7\u00a7\u00a0120-50, Reshetnyak v. Russia, no.\u00a056027\/10, \u00a7\u00a7 49-101, 8 January 2013 and Koryak v. Russia, no.\u00a024677\/10, \u00a7\u00a7 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.<\/p>\n 9. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.<\/p>\n B. Remainder of the applicant\u2019s grievances under Article 3 of the Convention<\/strong><\/p>\n 10. As regards the remaining complaints of the applicant under Article\u00a03 of the Convention related to his conditions of detention and transport, the Court considers that in view of its findings in paragraphs 6-9 above, it is not necessary to examine separately the admissibility and merits of these grievances (see, for similar approach, Kuzhelev and Others v.\u00a0Russia, nos.\u00a064098\/09 and 6 others, \u00a7 140, 15 October 2019; Magomedov\u00a0and Others v.\u00a0Russia, nos. 33636\/09\u00a0and 9\u00a0others, \u00a7\u00a0103, 28\u00a0March 2017, and S.C.\u00a0Britanic\u00a0World S.R.L.\u00a0v.\u00a0Romania, no. 8602\/09, \u00a7\u00a050, 26\u00a0April 2016).<\/p>\n II. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION<\/p>\n 11. The applicant also complained that no effective domestic remedies regarding the quality of the medical care in detention were available to him. His complaints fall to be examined under Article\u00a013 of the Convention, which reads as follows:<\/p>\n Article\u00a013<\/p>\n \u201cEveryone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority …\u201d<\/p>\n 12. The Court has on many occasions established that there is a lack of effective domestic remedies to complain about the quality of medical treatment in detention (see, among many other authorities, Reshetnyak, cited above, \u00a7\u00a7 49-101, and Koryak, cited above, \u00a7\u00a7 70-110). In the aforementioned cases the Court established that none of the legal avenues suggested by the Government constituted an effective remedy to prevent the alleged violations or stop them from continuing, or to provide the applicant with adequate and sufficient redress for his complaints under Article\u00a03 of the Convention.<\/p>\n 13. The Court sees no reason which would justify departure from its well-established case-law on the issue. It finds that the applicant did not have at his disposal an effective domestic remedy for his complaints, in breach of Article 13 of the Convention.<\/p>\n III. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/p>\n 14. Article\u00a041 of the Convention provides:<\/p>\n \u201cIf 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.\u201d<\/p>\n 15. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Kolesnikovich v. Russia, no. 44694\/13, \u00a7\u00a7 82-92, 22 March 2016, Tselovalnik v. Russia, no. 28333\/13, \u00a7\u00a7 70-77, 8\u00a0October 2015 and Budanov v. Russia, no. 66583\/11, \u00a7\u00a7 77-83, 9 January 2014), the Court considers it reasonable to award the sum indicated in the appended table.<\/p>\n 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.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Declares the complaints concerning the inadequate quality of the medical assistance in detention and the lack of any effective domestic remedy in that respect admissible and holds that there is no need to examine separately the remaining complaints under Article 3 of the Convention;<\/p>\n 2. Holds that this application discloses a breach of Article\u00a03 of the Convention on account of the inadequate medical care in detention;<\/p>\n 3. Holds that this application discloses a breach of Article\u00a013 of the Convention on account of the lack of an effective domestic remedy regarding complaints about the quality of the medical care in detention;<\/p>\n 4. Holds<\/p>\n (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 State at the rate applicable at the date of settlement;<\/p>\n (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.<\/p>\n Done in English, and notified in writing on 13 January 2022, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Viktoriya Maradudina\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Peeter Roosma ___________<\/p>\n APPENDIX<\/strong> Date of introduction<\/strong><\/td>\n Year of birth<\/strong><\/p>\n \u00a0<\/strong><\/td>\n Dates<\/strong><\/td>\n (in euros)[1]<\/a><\/strong><\/td>\n<\/tr>\n<\/thead>\n\n 12\/11\/2016<\/td>\n 1980<\/td>\n 23\/02\/2015 to 01\/06\/2017<\/p>\n 2 year(s) and 3 month(s) and 10 day(s)<\/td>\n
\nCASE OF KALMYKOV v. RUSSIA<\/strong>
\n(Application no. 71325\/16)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n13 January 2022<\/p>\n
\nDmitry Dedov,
\nAndreas Z\u00fcnd, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n
\nApplication raising complaints under Articles 3 and 13 of the Convention
\n(inadequate medical treatment in detention and lack of any effective remedy in domestic law)<\/p>\n\n\n
\n Application no.<\/strong><\/p>\n Applicant\u2019s name<\/strong><\/p>\n Principal medical condition<\/strong><\/td>\n Shortcomings in medical treatment<\/strong><\/p>\n Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant<\/strong><\/p>\n \n 71325\/16<\/p>\n Anton Vladimirovich KALMYKOV<\/strong><\/p>\n HIV\/AIDS<\/td>\n Interruptions in highly active antiretroviral therapy, lack of\/delay in medical examination, lack of\/delay in medical testing<\/p>\n 15,000<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n