Communicated on 2 July 2015 and 18 February 2017
FOURTH SECTION
Application no. 44274/13
Borys Mykhaylovych BORODAY
against Ukraine
lodged on 24 June 2013
STATEMENT OF FACTS
The applicant, Mr Borys Mykhaylovych Boroday, is a Ukrainian national, who was born in 1948 and lives in Poltava.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 8 May 2010 the applicant was arrested on suspicion of murder. After his arrest the applicant was placed in the Poltava pre-trial detention centre (SIZO).
On 15 July 2011 while being in the SIZO the applicant has had a heart attack.
From 15 July to 4 August 2011 the applicant underwent medical treatment of myocardium infarct in the Poltava Regional Cardiologic Dispensary. He was prescribed with medicines: nitroglycerin, Enalapril, Enacozid, Nebilet. Also blood tests and some other tests were performed on the applicant; he underwent an electrocardiography and chest photoroentgenography.
On 30 November 2011 the applicant was taken from the SIZO to the Poltava Regional Cardiologic Dispensary in connection with stenocardia and postinfarction cardiosclerosis.
From 2 to 9 February 2012 the applicant underwent medical treatment in the Dykanka District Hospital in connection with ischemic heart disease, progressive instable stenocardia, postinfarction cardiosclerosis. The applicant submitted handwritten copy of the hospital discharge summary according to which he was prescribed certain medicines. It is not possible to transcribe the list of prescribed medicines due to illegible handwriting. According to the hospital discharge summary, his state of health has improved.
From 6 to 24 July 2012 the applicant underwent medical treatment in the therapeutic ward of the Temnivka Correctional Colony no. 100 in connection with stable stenocardia, postinfarction atherosclerotic cardiosclerosis, hypertensive disease. The applicant submitted a handwritten copy of the hospital discharge summary, according to which he was prescribed certain medicines. It is not possible to transcribe the list of prescribed medicines due to illegible handwriting. Also blood tests and some other tests were performed on from the applicant; he underwent an electrocardiography and chest photoroentgenography. According to the hospital discharge summary, his state of health has improved.
On 20 July 2012 the Medical Labor Commission within the Temnivka Correctional Colony no. 100 determined that the applicant belonged to the 2nd disability degree in connection with ischemic heart disease, progressive instable stenocardia, postinfarction atherosclerotic cardiosclerosis. The term of the disability degree was set to 1 year.
On 21 August 2012 the applicant was transferred to the Mena Correctional Colony no. 91 to serve his sentence.
From 12 February to 12 March 2013 the applicant again underwent medical treatment in the therapeutic ward of the Temnivka Correctional Colony no. 100 in connection with stable stenocardia, postinfarction atherosclerotic cardiosclerosis, hypertensive disease. The applicant has submitted a handwritten copy of the hospital discharge summary, according to which he was prescribed certain medicines. It is not possible to transcribe the list of prescribed medicines due to illegible handwriting. According to the hospital discharge summary, his state of health has improved.
On 22 July 2013 the Medical Labor Commission extended the applicant’s disability degree for another 1 year.
On 30 July 2013 the Mena District Court of Chernigiv Region refused the applicant’s request for early release on health grounds. The court found that the applicant’s state of health had not prevented him from serving his sentence. On 14 October 2013 the Chernigiv Regional Court of Appeal upheld that decision. The applicant did not appeal on points of law.
According to the results of internal inquiry of 13 December 2013 conducted by the penitentiary authorities in reply to the applicant’s complaints about the inadequacy of his medical treatment, the applicant was provided the necessary treatment in full. The internal inquiry made reference to the hospital discharge summaries provided by the applicant, according to which, at various times, he was prescribed with Nitrosorbide, Panangin, and Furosemide.
On 9 May 2015, while serving his sentence in the Mena Correctional Colony no. 91, the applicant had another heart attack. He states that the head of the Colony medical unit Kh. refused to provide him medical treatment. On 23 July 2015 the Mena District Court of Chernigiv Region obliged the Mena District Public Prosecutor to initiate criminal investigation into that event.
On an unspecified date the applicant discovered that his medical record contained information about medical checks in 2015 that have never taken place. The applicant assumed that the forgery of medical documentation was performed by the head of the Colony medical unit Kh. On 2 November 2015 the Mena District Court of Chernigiv Region obliged the local police authorities to initiate a criminal investigation into the fact of forgery of the applicant’s medical documentation.
The case file contains no information about the results of the above mentioned criminal investigations.
COMPLAINTS
The applicant complains under Article 3 of the Convention that he was not given access to appropriate medical assistance while in detention.
The applicant also complains under Article 13 of the Convention that he did not have an effective domestic remedy for his complaints under Article 3.
QUESTIONS TO THE PARTIES
1. What kind of medical treatment and assistance was provided to the applicant throughout his detention? Was such treatment sufficient with regards to the requirements of Article 3 of the Convention?
2. Did the applicant have at his disposal an effective domestic remedy for his complaint under Article 3, as required by Article 13 of the Convention?
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