THIRD SECTION
DECISION
Applications nos. 35605/17 and 18695/19
Nail Rasul Ogly ALIYEV against Russia
and Andrey Aleksandrovich KARTASHOV against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 2 June 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the parties,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Articles 3 and 13 of the Convention concerning inadequate medical treatment in detention and the lack of any effective remedy in domestic law were communicated to the Russian Government (“the Government”). In application no. 18695/19, complaints based on the same facts were also communicated under other provisions of the Convention.
THE LAW
Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Complaints under Article 3 of the Convention (inadequate medical assistance in detention)The applicants complained that they had not received adequate medical assistance in respect of their medical conditions listed in the appended table. They relied on Article 3 of the Convention, which reads as follows:
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
The Court observes that the general principles regarding the quality of medical care in detention have been stated in several of its previous judgments (see, among many other authorities, Blokhin v. Russia [GC], no. 47152/06, §§ 135-40, ECHR 2016, and Ivko v. Russia, no. 30575/08, §§ 91-95, 15 December 2015).
The Court further reiterates that it adopts conclusions after evaluating all the evidence, including such inferences as may flow from the facts and the parties’ submissions. According to its established case-law, proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact (see, for example, Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, § 121, 10 January 2012). In cases regarding conditions of detention and medical assistance in detention the burden of proof may, under certain circumstances, be shifted to the authorities (see Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII; see also Mathew v. the Netherlands, no. 24919/03, § 156, ECHR 2005 IX). Nevertheless, an applicant must provide an elaborate and consistent account of the State’s alleged failure to provide him with the required medical assistance, mentioning the specific elements which would enable the Court to determine that the complaint is not manifestly ill-founded or inadmissible on any other grounds.
Having examined the materials submitted, including extensive medical evidence submitted by the Government, the Court considers that the applicants received essential medical treatment in respect of their conditions. The defects in the quality of medical care alleged by the applicants are either insignificant or not supported by sufficiently strong evidence. Therefore, they cannot be accepted by the Court.
In view of the above, the Court finds that the present complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
Complaints under Article 13 of the ConventionThe applicants complained that no effective domestic remedies regarding the quality of the medical care in detention had been available to them in violation of Article 13 of the Convention.
The Court reiterates that Article 13 requires domestic remedies only with regard to complaints arguable in terms of the Convention (see Boyle and Rice v. the United Kingdom, 27 April 1988, § 52, Series A no. 131). Since the Court has found above that the applicants’ complaints about the quality of the medical treatment in detention are manifestly ill-founded, no issue under Article 13 of the Convention arises in their cases.
It follows that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
Remaining complaintsMr Kartashov (application no. 18695/19) also raised other complaints under Article 3 of the Convention.
The Court has examined the application 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 34 and 35 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.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 23 June 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 and Article 13 of the Convention
(inadequate medical treatment in detention)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Principal medical condition
Medical treatment
Dates
35605/17
07/04/2017
Nail Rasul Ogly ALIYEV
1975
HIV
The applicant underwent a number of clinical examinations and test, including CD-4 cell count and PCR blood tests; he has been examined by a number of medical specialists, including an infectious diseases specialist; the applicant in due time received continuous antiretroviral therapy
13/09/2016 to 12/12/2016
18695/19
29/05/2019
Andrey Aleksandrovich KARTASHOV
1979
hypertension, hepatitis, heart condition, HIV
The applicant has been under constant medical supervision and has received necessary treatment; his health condition is stable; detained in IK-5 in the Krasnoyarsk Region
24/05/2017 - pending
More than 4 year(s) and 19 day(s)