FIFTH SECTION
Application no. 56660/12
Viktoriya Yuryevna KORNEYKOVA and
Denis Yuryevich KORNEYKOV
against Ukraine
lodged on 31 August 2012
STATEMENT OF FACTS
THE FACTS
The applicants, Ms Viktoriya Yuryevna Korneykova and Master Denis Yuryevich Korneykov, a mother and her three-month-old child are Ukrainian nationals, who were born in 1990 and 2012 respectively and are detained in pre-trial detention facility in Kharkiv (Kharkiv SIZO). They are represented before the Court by Ms Y. Zaikina, a lawyer practising in Kharkiv.
The applicants describe their conditions of detention as follows: they state that the cell is situated in semi-basement; they complain of lack of fresh air and natural light, lack of warm water and means of hygiene; they state that the food is too poor for a nursing mother, duration of the walks is not sufficient, and that one of their cell-mates is HIV-positive.
The applicants’ further submissions concern alleged lack of medical treatment. The second applicant suffers from phimosis and has developed an inflammation. No paediatrician was available in the SIZO. The first applicant allegedly had requested the penitentiary authorities to have the second applicant examined by a doctor, but received no answer. She also had lodged an oral request before the court concerning such a medical examination. Her request was rejected as the case-file contains a document certifying medical visit that took place on 13 August 2012. The first applicant, however, states that her son was not examined by a doctor for the last two months.
Upon request, the applicants and the Government provided (on 14 and on 18 September 2012 respectively) medical documents issued upon the medical examination of the second applicant that took place on 10 September 2012. The documents confirmed that the second applicant had been diagnosed with physiological phimosis, allergodermia and dysplastic cardiopathy. No surgical or other urgent treatment had been prescribed. Hypoallergenic diet had been prescribed to the first applicant.
Upon the second request, on 8 October 2012 the Government provided the information concerning the applicants’ conditions of detention with several official statements signed by SIZO deputy heads, a record of the potable water analysis, and photographs of the cells. According to this information:
1. The first and the second applicants are currently held in the cell that is situated on the ground floor. This cell is one of the higher comfort cells for women with children. There are 3 windows (with common area of 8.4 square meters) in the cell. The cell is fully provided with natural light and fresh air.
2. The cell is equipped with washstand, lavatory, shower room, air-conditioner, electric stove, and refrigerator. There is regular and centralised supply of water in washstand and lavatory. Separated shower room is supplied with hot water. There is a cooler for drinking water.
3. The first applicant is provided with hot food three times per day in accordance with the relevant regulations, i. a., with those concerning pregnant and breast-feeding women. She is now provided with hypoallergenic diet in accordance with the doctor’s prescription.
4. The applicants are entitled to a daily two-hour walk in the open air in a special area designed for walks of women with their children. A baby carriage is also provided.
COMPLAINTS
The applicants complain under Article 3 of the Convention that conditions of detention are unsuitable for a child and a nursing mother, they further complain of lack of medical assistance to the second applicant.
QUESTIONS TO THE PARTIES
1. Do the applicants’ conditions of detention amount to a breach of Article 3 of the Convention?
2. In particular, was adequate medical treatment and assistance provided to the applicants in the SIZO, and was such treatment compatible with the requirements of Article 3 of the Convention?
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