The case originated in applications against Russia lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d)<\/p>\n
THIRD SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Nusalova and Lyapin v. Russia,<\/strong><\/p>\n The European Court of Human Rights (Third Section), sitting as a Committee composed of: Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in applications 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 the various dates indicated in the appended table.<\/p>\n 2. Notice of the applications was given to the Russian Government (\u201cthe Government\u201d).<\/p>\n THE FACTS<\/strong><\/p>\n 3. The list of applicants and the relevant details of the applications are set out in the appended table.<\/p>\n 4. The applicants alleged that they did not receive adequate medical care in detention and that there was no effective remedy in that regard. They also raised other complaints under the provisions of the Convention.<\/p>\n THE LAW<\/p>\n I. JOINDER OF THE APPLICATIONS<\/strong><\/p>\n 5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n II. AS TO LOCUS STANDI OF MR KONOPLEV AND MS LYAPINA<\/strong><\/p>\n 6. Following the death of the applicant, Ms Nusalova (application no.\u00a017492\/16), her father, Mr Vladimir Anatolyevich Konoplev, expressed the wish to pursue the application. The Government did not comment.<\/p>\n 7. Following the death of the applicant, Mr Lyapin (application no.\u00a035394\/17), his mother, Ms Yelena Nikolayevna Lyapina, expressed the wish to pursue the application. The Government objected noting that the rights claimed by Mr\u00a0Lyapin under Articles\u00a03 and\u00a013 of the Convention belonged to the category of non-transferrable rights and that his mother could not claim to be the victim of a violation on behalf of the deceased.<\/p>\n 8. The Court reiterates that, in cases in which an applicant died after having lodged an application, it has taken into account the statements of the applicant\u2019s heirs or of close family members expressing the wish to pursue the proceedings before the Court. For the Court\u2019s assessment of the person\u2019s standing to maintain the application on behalf of a deceased, what is important is not whether the rights at issue are transferable to the heirs but whether the victim made a choice to exercise his or her right of individual application under Article 34 of the Convention by activating the Convention mechanism (see Ergezen v. Turkey, no. 73359\/10, \u00a7 29, 8 April 2014). The Court has accepted that the next-of-kin or heir may in principle pursue the application, provided that he or she has sufficient interest in the case (see Centre for Legal Resources on behalf of Valentin C\u00e2mpeanu v.\u00a0Romania\u00a0[GC], no. 47848\/08, \u00a7 97, ECHR 2014). In this connection, the Court reiterates that human rights cases before it generally have a moral dimension and persons near to an applicant may thus have a legitimate interest in ensuring that justice is done, even after the applicant\u2019s death (see Malhous v. the Czech Republic (dec.) [GC], no. 33071\/96, ECHR 2000 XII).<\/p>\n 9. In view of the above and having regard to the circumstances of the present case, the Court accepts that Mr Konoplev and Ms Lyapina have a legitimate interest in pursuing the applications in the late applicants\u2019 stead. It will therefore continue dealing with the case at their request. For convenience, it will, however, continue to refer to Ms Nusalova and Mr\u00a0Lyapin as the applicants in the present judgment.<\/p>\n III. ALLEGED VIOLATION OF ARTICLEs 3 and 13 OF THE CONVENTION<\/strong><\/p>\n 10. The applicants complained that they had not been afforded adequate medical treatment in detention. They relied on Articles\u00a03 and 13 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 Article 13<\/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 A. Alleged violation of Article\u00a03<\/strong><\/p>\n 11. 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.<\/p>\n 12. The Court reiterates that the \u201cadequacy\u201d of medical assistance remains the most difficult element to determine (see Blokhin v.\u00a0Russia\u00a0[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 May 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 13. Having examined all the material submitted to it, the Court has identified the shortcomings in the applicants\u2019 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 120-50; Reshetnyak v.\u00a0Russia, no.\u00a056027\/10, \u00a7\u00a7 49-101, 8 January 2013 and Koryak v. Russia, no.\u00a024677\/10, \u00a7\u00a7\u00a070-110, 13 November 2012). Bearing in mind its case-law on the subject, the Court considers that in the instant case the applicants did not receive comprehensive and adequate medical care whilst in detention.<\/p>\n 14. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.<\/p>\n B. Alleged violation of Article 13<\/strong><\/p>\n 15. The applicants also complained that no effective domestic remedies regarding the quality of the medical care in detention had been available to them.<\/p>\n 16. 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 applicants with adequate and sufficient redress for their complaints under Article\u00a03 of the Convention.<\/p>\n 17. The Court sees no reason which would justify departure from its well-established case-law on the issue. It finds that the applicants did not have at their disposal an effective domestic remedy for their complaints, in breach of Article 13 of the Convention.<\/p>\n IV. REMAINING COMPLAINTS<\/strong><\/p>\n 18. The applicants also raised other complaints under various Articles of the Convention.<\/p>\n 19. The Court has examined the applications listed in the appended table 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 either do not meet the admissibility criteria set out in Articles\u00a034 and\u00a035 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.<\/p>\n It follows that this part of the applications must be rejected in accordance with Article\u00a035\u00a0\u00a7\u00a04 of the Convention.<\/p>\n V. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/strong><\/p>\n 20. 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 21. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Kolesnikovich, cited above, \u00a7\u00a7\u00a082-92, 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 sums indicated in the appended table.<\/p>\n 22. 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. Decides to join the applications;<\/p>\n 2. Declares that Mr Konoplev (application no.\u00a017492\/16) and Ms Lyapina (application no.\u00a035394\/17) have standing to pursue the applications in the late applicants\u2019, Ms Nusalova\u2019s and Mr\u00a0Lyapin\u2019s, respectively, stead;<\/p>\n 3. Declares the complaints concerning the failure of the authorities to provide the applicants with adequate medical care in detention and the complaints concerning the lack of effective remedies in this regard admissible,\u00a0and the remainder of the applications inadmissible;<\/p>\n 4. Holds that these complaints disclose a breach of Article\u00a03 of the Convention on account of the inadequate medical care in detention;<\/p>\n 5. Holds that these complaints disclose 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 6. Holds<\/p>\n (a) that the respondent State is to pay the applicants, 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;<\/p>\n (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.<\/p>\n Done in English, and notified in writing on 9 June 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 Darian Pavli __________<\/p>\n APPENDIX<\/strong>
\nCASE OF NUSALOVA AND LYAPIN v. RUSSIA<\/strong>
\n(Applications nos. 17492\/16 and 35394\/17)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n9 June 2022<\/p>\n
\nDarian Pavli, President,
\nAndreas Z\u00fcnd,
\nMikhail Lobov, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,
\nHaving deliberated in private on 19 May 2022,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n
\nList of applications 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