FIFTH SECTION

Application no. 12597/07
Murad Ekhtiramovich ALIYEV against Ukraine
lodged on 5 March 2007

STATEMENT OF FACTS

THE FACTS

The applicant, Mr Murad Ekhtiramovich Aliyev, is a Ukrainian national, who was born in 1977 and lives in Bezlyudivka.

A. The circumstances of the case

In June 2002 the applicant was arrested and, together with several co-defendants, placed in detention on remand in the Kharkiv pre-trial detention centre (SIZO) no. 27 pending criminal investigation of charges of robbery and several other crimes against them.

According to the applicant, the conditions of his detention were inhuman and degrading. In particular, most of the time he was confined to a small cell, where two to three detainees had to share one sleeping place. The cell was poorly ventilated and full of cockroaches, lice and bedbugs. The food was meagre and hardly suitable for consumption.

On 23 March and 10 May 2005 the applicant requested the Kharkivskiy District Court to release him under undertaking not to abscond referring to the deterioration of his health. He submitted, in particular, that since December 2004 his haemorrhoids started to deteriorate progressively and he had difficulties falling asleep because of the constant pain. The SIZO medical staff lacked proper qualifications and medicines to help him and the applicant was in need of a surgery, for which the SIZO lacked facilities. In addition, the applicant was suffering from eczema, nervous breakdown and depressive symptoms.

On an unspecified date the applicant’s case was transferred to the Kominternivskiy District Court of Kharkiv for trial.

On 11 November 2005 the applicant requested the Kominternivskiy Court to release him from detention, referring to further aggravation of his health. He noted, in particular, that the only medicine available to him was analgin (a pain-killer). To calm down the pain he had to take five doses of it each time, which was harmful for his liver and stomach.

On an unspecified date in autumn of 2005 the applicant was escorted to the hospital of the Correctional Colony no. 100 to have surgery. However, according to the applicant, the hospital facilities were filled with lice, lacked basic hygiene and medications, and the proposed surgery was intended to be performed by a medical student. Fearing adverse consequences, the applicant refused from the operation.

On 22 February 2006 the applicant requested the Kominternivskiy Court to consider his previous requests, which remained without its attention.

On 16 March 2006 the applicant further requested release