FIRST SECTION
CASE OF KIRILLOV AND OTHERS v. RUSSIA
(Applications nos. 11439/21 and 23 others –
see appended list)
JUDGMENT
STRASBOURG
6 June 2024
This judgment is final but it may be subject to editorial revision.
In the case of Kirillov and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 16 May 2024,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. Notice of the applications was given to the Russian Government (“the Government”).
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants alleged that they did not receive adequate medical care in detention and that there was no effective remedy in that regard. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
JOINDER OF THE APPLICATIONS5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
Jurisdiction6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023).
ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION7. The applicants complained principally that they were not afforded adequate medical treatment in detention. They relied on Article 3 of the Convention.
8. 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.
9. The Court reiterates that the “adequacy” of medical assistance remains the most difficult element to determine (see Blokhin v. Russia [GC], no. 47152/06, § 137, ECHR 2016). It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references, and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that ‒ where necessitated by the nature of a medical condition ‒ supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee’s health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 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. Russia, no. 17564/06, § 67, 24 May 2016, with further references, and Konovalchuk v. Ukraine, no. 31928/15, § 52, 13 October 2016, with further references).
10. Having examined all the material submitted to it, the Court has identified the shortcomings in the applicants’ 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 v. Russia [GC], no. 47152/06, §§ 120-50, ECHR 2016, Reshetnyak v. Russia, no. 56027/10, §§ 49-101, 8 January 2013, and Koryak v. Russia, no. 24677/10, §§ 70-110, 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.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION12. The applicants also complained that no effective domestic remedies regarding the quality of the medical care in detention were available to them. Their complaints fall to be examined under Article 13 of the Convention.
13. 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, §§ 49-101, and Koryak, also cited above, §§ 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 3 of the Convention.
14. 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.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW15. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Lyapin v. Russia, no. 46956/09, 24 July 2014, as regards ill-treatment suffered at the hands of the police; Topekhin v. Russia, no. 78774/13, §§‑78‑88, 10 May 2016, relating to conditions of detention of disabled inmates; and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92‑156, 9 April 2019, concerning conditions of detention during transport and the lack of an effective remedy in that respect.
APPLICATION OF ARTICLE 41 OF THE CONVENTION16. Regard being had to the documents in its possession and to its case‑law (see, in particular, Kolesnikovich v. Russia, no. 44694/13, §§ 82-92, 22 March 2016, Tselovalnik v. Russia, no. 28333/13, §§ 70-77, 8 October 2015 and Budanov v. Russia, no. 66583/11, §§ 77-83, 9 January 2014), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
Decides to join the applications;Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022; Declares the applications admissible;Holds that these applications disclose a breach of Article 3 of the Convention on account of the inadequate medical care in detention;Holds that these applications disclose a breach of Article 13 of the Convention on account of the lack of an effective domestic remedy regarding complaints about the quality of the medical care in detention;Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table);Holds(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;
(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.
Done in English, and notified in writing on 6 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseynov
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 and Article 13 of the Convention
(inadequate medical treatment in detention and lack of any effective remedy in domestic law)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Principal medical condition
Shortcomings in medical treatment
Dates
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
11439/21
01/02/2021
Aleksey Nikolayevich KIRILLOV
1976
lack of teeth, gastritis, amputated foot
lacking/delayed diet, failure to provide the applicant with fresh feet prosthesis (2 items), lacking/delayed drug therapy
from 16/08/2018 and possibly ongoing as of
16/09/2022
4 year(s) and 1 month(s) and 1 day(s)
Art. 3 - inadequate conditions of detention during transport - from 23/11/2020 to 08/12/2020, van, train, from IK-8 (Ukhta) to SIZO-1 (Syktyvkar) (about 300 km, 10 hours by train): 0.3 sq. m of personal space per detainee, bunk beds, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world and uncertainty), inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, overcrowding, the applicant is a disabled person - no facilities for disabled persons, no facilities to ensure safety of passengers, no special food provided required in view of the applicant’s condition,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,
Art. 3 - inadequate conditions of detention of disabled inmates - The applicant was detained and possible continues to be held as of 16/09/2022 in the detention conditions which are not suited for disabled detainees (toilets, bathing facilities), failure to provide him with special shoes suitable for feet prosthesis, lack of regular and systematic supervision of the applicant’s state of health between 16/08/2018 and 24/09/2021 during his detention in IK-8 (Komi Republic)
19,500
19877/21
21/10/2020
Todzhidin Kudratovich KHAYDAROV
1980
cyst of left testicle
lack of/ delay in surgery, cyst of the left testicle
from 25/05/2021 and possibly ongoing as of
16/09/2022
1 year(s) and 3 month(s) and 23 day(s)
15,000
20618/21
21/03/2021
Sergey Anatolyevich FEDENEV
1980
Laptev Aleksey Nikolayevich
Moscow
retinal dystrophy and disinsertion of both eyes
lack of/delay in medical examination, lack of/delay in medical testing, delay in ophthalmological surgery leading to blindness
from 21/02/2014 and possibly ongoing as of
16/09/2022
8 year(s) and 6 month(s) and 27 day(s)
15,000
25465/21
30/04/2021
Aleksandr Vitalyevich ZUBAREV
1979
Protasov Vladimir Yuryevich
Yoshkar - Ola
chronic osteomyelitis of the sternum, encephalopathy, other illnesses: HIV (III), hepatitis, hernia, peptic ulcer, meniscectomy, catarrhal esophagitis
delayed surgery (since 2018), lacking/delayed drug therapy
from 03/12/2018 and possibly ongoing as of
16/09/2022
3 year(s) and 9 month(s) and 14 day(s)
15,000
33612/21
05/03/2021
Vyacheslav Ivanovich TRIKOZ
1986
hepatitis
lack of/delay in medical testing, lacking/delayed drug therapy
21/01/2015 to
07/05/2018
3 year(s) and 3 month(s) and 17 day(s)
The domestic courts
acknowledged the
delayed testing and
lack of drug therapy
and awarded the
applicant RUB 10,000; final decision: Supreme Court of Russia, 21/07/2021
15,000
38023/21
07/07/2021
Idris Anzurovich MEZHIDOV
1990
Kopteyeva Anastasiya Vladimirovna
Chita
tuberculosis
lack of/delay in medical testing, lacking/delayed drug therapy, lack of/delay in medical examination
01/10/2013 to
28/03/2018
4 year(s) and 5 month(s) and 28 day(s)
Compensation was granted to the
applicant for shortcomings in treatment in the amount of RUB 20,000; final decision: Supreme Court of Russia, 28/01/2021
15,000
42885/21
07/12/2021
Dmitriy Failovich RAIMOV
1985
osteomyelitis of the upper jaw on the right (in the area of 11-15 teeth)
lack of/delay in consultation by a specialist, delay in conducting surgery
from 01/11/2018 and possibly ongoing as of
16/09/2022
3 year(s) and 10 month(s) and 16 day(s)
The applicant lodged a civil claim for compensation for non-pecuniary damage caused by poor quality of medical assistance in detention and the Oktyabrskiy District Court of Murmansk
confirmed inadequate medical treatment and awarded the applicant RUB 100,000 of non‑pecuniary damage, upheld by the Third Cassation Court on 21/06/2021
15,000
46273/21
05/07/2021
Ruslan Alekseyevich KUZIVANOV
1982
hepatitis, HIV/AIDS
lack of/delay in medical examination, lack of/delay in medical testing
22/10/2016 to
30/05/2019
2 year(s) and 7 month(s) and 9 day(s)
The applicant claimed
compensation before the domestic courts for poor medical assistance and was awarded RUB 15,000, Supreme Court of the Komi Republic, 17/05/2021
15,000
48816/21
25/01/2022
Anton Aleksandrovich VAKHRUSHEV
1995
HIV/AIDS
lacking/delayed drug therapy, lack of/delay in medical examination, lack of/delay in medical testing
19/03/2021 to
20/01/2022
10 month(s) and 2 day(s)
15,000
52092/21
01/10/2021
Aleksandr Vasilyevich TURYEV
1966
urogenital system diseases
lack of/delay in consultation by a specialist, lack of/delay in medical examination, lack of/delay in medical testing, failure to conduct a surgery, shortcomings in medical treatment led to loss of a kidney
26/09/2014 to
21/09/2018
3 year(s) and 11 month(s) and 27 day(s)
The applicant was
awarded RUB 700,000 on account of poor medical help; final decision: Supreme Court of Russia, 30/08/2021
8,000
56942/21
17/01/2022
Yevgeniy Vitalyevich SIMUSEV
1981
HIV/AIDS, hepatitis C
lack of/delay in medical examination, lacking/delayed drug therapy, lack of/delay in medical testing
from 30/03/2018 and possibly ongoing as of 16/09/2022
4 year(s) and 5 month(s) and 18 day(s)
15,000
58071/21
08/11/2021
Ruslan Rafailovich BAGAUTDINOV
1986
hepatitis C
lack of/delay in medical examination, lack of/delay in medical testing, lack of/delay in consultation by a specialist
from 01/01/2013 and possibly ongoing as of
16/09/2022
9 year(s) and 8 month(s) and 16 day(s)
The applicant initiated
civil proceedings against detention authorities seeking compensation for their failure to provide the necessary medical care. On 18/05/2021 the
domestic courts ruled
in favour of the applicant, found shortcomings in medical treatment and awarded him RUB 40,000 (upheld on appeal, 19/08/2021, Supreme Court of the Komi Republic); final decision: Supreme Court of Russia, 20/04/2022
15,000
59472/21
17/11/2021
Vladislav Vitalyevich MOCHALOV
1997
unfused fracture of clavicle
lack of/delay in consultation by a specialist, lack of/delay in medical examination
from 21/09/2020 and possibly ongoing as of
16/09/2022
1 year(s) and 11 month(s) and 27 day(s)
15,000
59541/21
13/11/2021
Anatoliy Yuryevich MEDNIKOV
1983
bilateral sensorineural hearing loss (4 stage - right ear; 3 stage - left ear)
lacking/delayed drug therapy, no hearing aid was provided
from 27/10/2016 and possibly ongoing as of
16/09/2022
5 year(s) and 10 month(s) and 21 day(s)
15,000
61009/21
01/11/2021
Oleg Igorevich GONOSHILOV
1968
trophic ulcer after amputation, atherosclerosis, hepatitis C
lack of/delay in medical examination, lacking/delayed drug therapy
from 13/09/2018 and possibly ongoing as of
16/09/2022
4 year(s) and 4 day(s)
15,000
147/22
13/12/2021
Yuriy Viktorovich ANTONETS
1981
consequences of spinal fracture
lack of/delay in consultation by a specialist, lack of/delay in medical examination, lacking/delayed drug therapy
from 18/09/2018 and possibly ongoing as of
16/09/2022
3 year(s) and 11 month(s) and 30 day(s)
15,000
8889/22
19/01/2022
Vladimir Nikolayevich SHILOV
1970
hepatitis C
lack of/delay in medical testing, lacking/delayed drug therapy, lack of/delay in medical examination
from 08/10/2016 and possibly ongoing as of
16/09/2022
5 year(s) and 11 month(s) and 9 day(s)
15,000
10012/22
31/01/2022
Pavel Igorevich GOMASKO
1985
HIV/AIDS,
stage 3
lack of/delay in consultation by a specialist, in particular, an infectious disease physician, lacking/delayed drug therapy
09/03/2013 to
15/07/2016
3 year(s) and 4 month(s) and 7 day(s)
The applicant lodged
a civil claim for compensation. On 27/05/2020 the Sovetskiy District Court of Novosibirsk found that the applicant did not receive the necessary treatment and awarded him RUB 40,000, upheld by the Supreme Court of Russia on
05/08/2021
15,000
14051/22
07/02/2022
Sergey Aleksandrovich PLESHEV
1991
hepatitis
lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy
from 01/03/2017 and possibly ongoing as of
16/09/2022
5 year(s) and 6 month(s) and 16 day(s)
15,000
20556/22
19/12/2021
Aleksandr Vladimirovich KHLEBNIKOV
1967
lack of teeth
lack of/delay in medical treatment
from 04/02/2011 and possibly ongoing as of
16/09/2022
11 year(s) and 7 month(s) and 13 day(s)
15,000
22763/22
21/03/2022
Leonid Sergeyevich LEBEDEV
1979
heart condition, congenital heart disease, bicuspid aortic valve
lack of/delay in consultation by a specialist, lack of/delay in medical examination
from 23/01/2020 and possibly ongoing as of
16/09/2022
2 year(s) and 7 month(s) and 25 day(s)
15,000
33267/22
17/06/2022
Sergey Borisovich NEKLYAYEV
1962
Valiyeva Elza Albertovna
Nizhniy Novgorod
physical injury
lack of/delay in medical examination, the ambulance was not allowed to attend to the applicant, no x-ray of his broken right arm was performed following the applicant’s ill‑treatment
06/05/2020 to
12/05/2020
7 day(s)
The applicant’s claim for non-pecuniary damage under the CAP was dismissed; final decision: Supreme Court of Russia, 25/02/2022
Art. 3 – ill-treatment by State agents and absence of effective investigation into the events in question - At around 5.50 p.m. on 05/05/2020 police officers of Police Department no. 5 in Nizhniy Novgorod ill-treated the applicant. The applicant was arrested on the ground that he did not have a QR-code necessary to leave home during COVID epidemy. He refused to get into a police van and was pushed down to the ground. The police officers put handcuffs on him, lifted him up and forced him to the van. Several refusals to initiate criminal proceedings were issued on the applicant’s complaints of ill-treatment. On 16/08/2022 the Sovetskiy District Court of Nizhniy Novgorod terminated the proceedings because the most recent refusal to open a criminal case of 17/02/2022 had already been quashed. Forensic medical examination log no. 872, record made on 06/05/2020 confirm that the applicant had a swollen elbow joint of the right arm, and the bruised right eye, medical certificate of 13/05/2020 showed that he had broken right elbow.
26,000
37193/22
21/07/2022
Gogita Anzorovich GVISHIANI
1967
Kopteyeva Anastasiya Vladimirovna
Chita
HIV/AIDS, hepatitis, chronic obstructive lung disease
lack of/delay in medical testing, lacking/delayed drug therapy, lack of/delay in consultation by a specialist
09/02/2015 to
07/11/2019
4 year(s) and 8 month(s) and 30 day(s)
The applicant lodged a civil claim asking for compensation for damages caused by the lack of medical services in detention. The courts acknowledged the violation regarding
the period between 09/02/2015 and 07/11/2019. The applicant was awarded RUB 60,000; final decision: Supreme Court of Russia, 21/01/2022
15,000
4787/23
09/01/2023
Vladimir Vladimirovich YAKUSHEV
1979
hypertensive heart disease, chronic hepatitis C
lack of/delay in medical testing, lacking/delayed drug therapy
from 06/02/2017 and possibly ongoing as of
16/09/2022
5 year(s) and 7 month(s) and 11 day(s)
15,000
[1] Plus any tax that may be chargeable to the applicants.