Communicated on 12 May 2016
THIRD SECTION
Application no. 63149/13
Igor Vladimirovich GOFMAN against Russia
lodged on 11 September 2013
and 7 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applications concern conditions of detention of physically challenged inmates (visual or physical disability) and lack of an effective remedy in Russia to complain about it (akin to Semikhvostov v. Russia, no. 689/12, 6 February 2014). For additional details see Appendix.
Certain applicants raised an additional complaint related to the quality of the medical assistance provided to them.
COMMON QUESTIONS tO THE PARTIES
1. Regard being had to the applicants’ physical impairment, were the conditions of their detention compatible with Article 3 of the Convention (Semikhvostov v. Russia, no. 2689/12, 6 February 2014)? In particular,
(a) was it an established practice to keep detainees, suffering from a disability and/or a number of serious illness, in ordinary detention facilities?
(b) what were rules governing detention of physically challenged detainees?
(c) were any specific measures taken by the detention authorities to accommodate the applicant, a detainee suffering from a psychical impairment, and if so, what steps were taken, when and by whom? In particular, have the authorities demonstrated special care in providing the applicants with the equipment (insofar as relevant, such as a wheelchair, incontinence products, a commode chair, a cane, orthopedic wear, etc.) necessary in view of the special needs resulting from the applicants’ disability throughout all period of his detention?
(d) was the applicant given assistance in exiting/entering buildings within the facility, moving within the colony territory, using canteen, lavatory and washing rooms, etc.; and if so, when and by whom was assistance given, what form did the assistance take, and were any persons, other than those assisting the applicant, present?
2. The Government are requested to comment on all aspects of the conditions of detention which the applicants complained of in respect of the detention facilities indicated in Annex.
The Government are asked to produce documentary evidence, including population registers, the facility and dormitory plans, floor plans, day planning, colour photographs of the dormitory, its lavatory room, the washing room, the canteen, and other facilities frequently used by inmates in their everyday life and, in particular, photographs showing access to those facilities, as well as reports from supervising prosecutors concerning the conditions of detention in relevant detention facility.
3. Did the applicants have at their disposal an effective domestic remedy for the complaints under Article 3, as required by Article 13 of the Convention (see Semikhvostov v. Russia, no. 2689/12, 6 February 2014)?
QUESTIONS in respect of individial applications
Applications no. 63149/13 Gofman v. Russia, no. 70080/14 Abubakarov v. Russia and no. 24632/15 Salimsultanov v. Russia
1. The Government are requested to produce a typed copy of the applicant’s complete medical record drawn up after his arrest, and, if available, copies of expert reports and secondary opinions from medical specialists assessing the applicant’s health, the quality of the treatment afforded to him during the detention and laying down medical procedures which should have been or should be performed to maintain the applicant’s health.
2. Taking into account the applicant’s medical history, have the authorities met their obligation to ensure that that applicant’s health and well-being are being adequately secured by, among other things, providing him with the requisite medical assistance (see McGlinchey and Others v. the United Kingdom, no. 50390/99, § 46, ECHR 2003-V), as required by Article 3 of the Convention, in the present case?
Application no. 10487/15 Klimov v. Russia
Was the decision of Ust-Labinskiy District Court of the Krasnodar Region of 15 December 2014 ordering Medical Sanitary Unit No. 23 of the Krasnodar Region to provide the applicant with the leg prosthesis and other necessary equipment, complied with? The Government are requested to submit confirming documents as regards the enforcement of this decision.
APPENDIX
No
App. No
Lodged on
Applicant
Date of birth
Physical impairment
complained about
Place of detention
Period of detention
63149/13
11/09/2013
Igor Vladimirovich GOFMAN
21/01/1977
3rd degree disability, malunion of a right femur, right leg is significantly shorter than the left, movement impairment, special orthopaedic wear/shoes and cane are required, hepatitis C
IK-5
Belgorod
2011-pending
67947/13
18/10/2013
Lechi Musayevich DZHANARALIYEV
06/11/1980
Profound sinistral hemiparesis, cephalgic syndrome, movement impairment, wheelchair -bound.
LIU-21
IK-5
Lepley
the Republic of Mordovia
1. 26 August 2008 – 30 March 2010
2. 31 March 2010 – pending
6671/14
16/12/2013
Daniyal Aminovich KASHESHOV
05/06/1981
1st degree disability, wheelchair-bound, lower body paraplegia, left arm is not functional, respiratory impairment, pelvic organs impairment, urinary tract infection, constantly requires catheter and diaper, hepatitis C
IK-5
the Republic of Mordovia
May 2014 - pending
70080/14
30/10/2014
Rizavdi Sultanovich ABUBAKAROV
29/11/1982
Suture sinus on the applicant’s right leg
IK-8 (disciplinary ward)
Novosibirsk Region
August 2014-pending
10487/15
08/06/2015
Igor Mikhaylovich KLIMOV
05/10/1970
Leg prosthesis required, orthopedic wear/shoes and other rehabilitation equipment required/should be replaced.
IK-2
Krasnodar Region
2010-pending
13901/15
10/03/2015
Murad Khasyanovich LUKMANOV
04/10/1974
1st degree disability, complete blindness
IK-10
Saratov Region
03/02/2011-pending
24632/15
07/05/2015
Khuseyn Alimpashayevich SALIMSULTANOV
12/12/1981
1st degree disability, restricted motional capacity (posttraumatic paraparesis of lower limbs); wheelchair-bound, urinary illnesses
IZ-1
Dagestan Republic;
IK-2
Tyumen Region;
IK-1
Stavropol Region
14/05/2007 - pending (anticipated date of release – 13/05/2016)
53248/15
14/10/2015
Aleksandr Sergeyevich KONDRASHOV
1st degree disability;
tetraparesis, primarily affecting legs;
catheterised urinary tract
IK-14
Krasnodar region
12/02/2013-pending
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