Communicated on 9 October 2017
FOURTH SECTION
Application no. 51967/09
Andrey Vladimirovich DUBROV
against Ukraine
lodged on 5 July 2009
STATEMENT OF FACTS
The applicant, Mr Andrey Vladimirovich Dubrov, is a Ukrainian national who was born in 1975 and is currently detained in Berezan correctional colony no. 95.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 25 April 2012 the applicant was arrested on suspicion of having committed a number of thefts. After his arrest he was placed in the Kyiv pre-trial detention centre (“the Kyiv SIZO”).
On 21 May 2012 the Kyiv City Hospital informed the investigator dealing with the applicant’s criminal case that he had been registered as having stage III HIV and oropharyngeal candidiasis since 29 February 2012.
On 19 November 2012 the penal authorities informed the applicant’s mother that he was being held in the medical ward of Bucha correctional colony no. 85. He had been examined by a therapist on a number of occasions.
On 15 and 29 May 2013 the applicant lodged applications with the Solomyanskyy District Court of Kyiv (“the District Court”), which was dealing with his criminal case, requesting a forensic examination in order to establish his state of health and the provision of relevant medical treatment.
On 10 September 2013 the penal authorities informed the applicant’s mother that he was being held in the Kyiv SIZO under the supervision of a doctor specialising in infectious diseases. It was mentioned that the applicant had refused the highly active antiretroviral therapy suggested to him.
On 7 October 2013, in reply to an application by the District Court of 26 September 2013, the SIZO administration informed the court that the applicant had stage III HIV, oropharyngeal candidiasis, and seborrheic dermatitis. The applicant was being provided with specific antiretroviral therapy. There is no information in the case file about the District Court’s decision on the applicant’s applications of 15 and 29 May 2013.
On 20 March 2014 the SIZO administration informed the applicant’s mother that he had been diagnosed with stage IV HIV, early stage tuberculosis, mild chronic hepatitis C, oropharyngeal candidiasis, and seborrheic dermatitis. He was being provided with detoxification therapy and treatment for tuberculosis and HIV.
COMPLAINT
The applicant complains under Article 3 of the Convention that he contracted HIV, tuberculosis, and hepatitis C while in detention and that he did not receive the necessary treatment for his diseases.
QUESTION TO THE PARTIES
Were the medical treatment and assistance provided to the applicant in detention in compliance with the requirements of Article 3 of the Convention?
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