Communicated on 2 September 2016
FIFTH SECTION
Application no 38718/16
Alla Aleksandrovna ALEKSANDROVSKAYA
against Ukraine
lodged on 6 July 2016
STATEMENT OF FACTS
The applicant, Ms Alla Aleksandrovna Aleksandrovskaya, is a Ukrainian national, who was born in 1948 and lives in the city of Kharkiv, Kharkiv Region. She is represented before the Court by Mr A.S. Shadrin, a lawyer practising in Kharkiv.
The circumstances of the case.
On 28 June 2016 the applicant was arrested.
On 30 June 2016 the court ordered the applicant’s pre-trial detention. During the court hearing the applicant was examined by a doctor N. and diagnosed with a number of heart diseases, in particular, diffuse cardiosclerosis, ampliation of both atriums, hypertensive disease, arrhythmia, dyscirculatory encephalopathy and some others. The doctor indicated that there was a very high risk of further complication of the above diseases. Due to this she prescribed the applicant medical treatment which consisted of numerous medical examinations (among other things, brain imaging, medical ultrasound, x-ray examination, rhythm analysis, several blood tests, thyroid hormone test, coronary angiogram and daily monitoring of blood pressure and electrocardiography) and necessary medicine.
On the same day the applicant was transferred to the Kharkiv Penitentiary Facility No. 27 (hereafter “the SIZO”). On her arrival she was examined by the SIZO doctor who characterised her state of health as satisfactory.
On 2 July 2016 the applicant underwent blood and urine tests.
On 8 July 2016 the applicant was examined by cardiologist, neuropathologist, vascular surgeon, gastroenterologist, ophthalmologist and endocrinologist from civil hospital and prescribed necessary medical treatment. She was diagnosed with most of the abovementioned diseases and prescribed necessary medicine.
On 14 July 2016 the applicant underwent specialised medical examinations: brain imaging, medical ultrasound, x-ray examination, rhythm analysis, several blood tests and thyroid hormone test. She was again examined by cardiologist, neuropathologist, endocrinologist and general practitioner and prescribed necessary medicine.
As the result of the above examinations it was established that the applicant did not require hospitalisation (i.e. as of 14 July 2016) and that the medical equipment present in the SIZO and the medicine prescribed were enough to ensure applicant’s medical care at that stage.
On 3 August 2016 doctor N. prepared an advisory opinion based on the applicant’s medical documentation according to which the applicant’s diseases in combination with psychological pressure, high temperatures, physical exertion and improper nutrition might cause sudden complications which, in absence of urgent medical treatment, might bring to the applicant’s death.
During the court hearing on 5 August 2016 the applicant was again examined by doctor N. who noted general deterioration of her health condition in comparison to examination of 30 June 2016 (in particular, the applicant was diagnosed with some new diseases). The doctor stated that the applicant had to be hospitalized to a specialized medical institution as her health condition required dynamic monitoring by cardiologist. She was also prescribed medical treatment which consisted of numerous medical examinations and extensive list of medicine.
COMPLAINTS
The applicant complains under Articles 2 and 3 of the Convention that she has not been provided with an adequate medical treatment during her detention. In particular, she alleges that recommendations of 5 August 2016 were disregarded by the SIZO administration.
QUESTIONS
Has there been a breach of Article 3 of the Convention on account of the allegedly inadequate medical treatment and supervision of the applicant during her detention?
In that respect, have the authorities taken the necessary measures as recommended by specialized doctors, including by doctor N.?
The Government is also invited to provide medical and other relevant material in support of their submissions.
Full & Egal Universal Law Academy