Published on 26 June 2023
FIRST SECTION
Application no. 11439/21
Aleksey Nikolayevich KIRILLOV against Russia
and 23 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 June 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 3 and Article 13 of the Convention relating to inadequate medical treatment in detention and the lack of any effective remedy in domestic law which are the subject of well-established case law of the Court (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).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 3 and Article 13 of the Convention
(inadequate medical treatment in detention and the 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
11439/21*
01/02/2021
Aleksey Nikolayevich KIRILLOV
1976
lack of teeth, gastritis, amputated foot
lacking/delayed diet, failure to provide the applicant with new feet prosthesis (2 items), lacking/delayed drug therapy
16/08/2018 - 05/10/2021
3 year(s) and 1 month(s) and 20 day(s)
during his detention in IK-8 Komi Republic
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, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, lack or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, no or restricted access to warm water, overcrowding, the applicant is a disabled person - no facilities for disabled persons, no facilities to ensure safety of passengers, lack of or insufficient electric light, 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 complains about lack of special conditions for disabled detainees (toilets, bathing facilities), failure to provide him with special shoes suitable for feet prosthesis
19877/21*
21/10/2020
Todzhidin Kudratovich KHAYDAROV
1980
cyst of left testicle
lack of/ delay in surgery, cyst of the left testicle
25/05/2021 - pending
on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention
20618/21*
21/03/2021
Sergey Anatolyevich FEDENEV
1980
Aleksey Nikolayevich Laptev
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
21/02/2014 - pending
on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention
25465/21*
30/04/2021
Aleksandr Vitalyevich ZUBAREV
1979
Vladimir Yuryevich Protasov
Yoshkar - Ola
chronic osteomyelitis of the sternum, encephalopathy, other illnesses: HIV (III stage), hepatitis, hernia, peptic ulcer, meniscectomy, catarrhal esophagitis
delayed surgery (since 2018), lacking/delayed drug therapy
03/12/2018 - pending
on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention
33612/21*
05/03/2021
Vyacheslav Ivanovich TRIKOZ
1986
Hepatitis C
lack of/delay in medical testing, lacking/delayed drug therapy
21/01/2015 - 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 (EUR 140).
Final decision by the Russian Supreme Court on 21/07/2021.
38023/21*
07/07/2021
Idris Anzurovich MEZHIDOV
1990
Anastasiya Vladimirovna Kopteyeva
Chita
tuberculosis
lack of/delay in medical testing, lacking/delayed drug therapy, lack of/delay in medical examination
01/10/2013 - 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 (EUR 260), the final decision by the Russian Supreme Court on 28/01/2021.
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 an operation
01/11/2018 - pending
on the date when the application was lodged with the Court
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 (approximately EUR 1,300) of moral damages. Upheld by the Third Cassation Court on 21/06/2021.
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 - 30/05/2019
2 year(s) and 7 month(s) and 9 day(s)
The applicant claimed compensation before the domestic courts and was awarded with RUB 15,000 (approximately EUR 170). Supreme Court of the Republic of Komi, 17/05/2021.
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention
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 - pending
on the date when the application was lodged with the Court
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 - 21/09/2018
3 year(s) and 11 month(s) and 27 day(s)
The applicant’s claim for compensation of moral damage caused by poor medical help in detention, poor conditions of detention and placement into a remote detection facility was granted in part, the applicant was awarded RUB 700,000 (on account of poor medical help; approximately EUR 8,000). Fifth Cassation Court annulled the first instance judgement, in so far it concerned the refusal to compensate lost income and sent the case for re-examination. The Supreme Court of Russia on 30/08/2021 upheld the judgements of lower court, in so far, they concerned the reminder of the issues.
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
30/03/2018 – pending
on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention
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
01/01/2013 - pending
on the date when the application was lodged with the Court
The applicant lodged civil proceedings against FSIN 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 (~ EUR 500) (upheld on appeal, 19/08/2021, Supreme Court Komi Republic); Final decision: 20/04/2022, Russian Supreme Court.
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention
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
21/09/2020 - pending
on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention
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
27/10/2016 - pending
on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention
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
13/09/2018 - pending
on the date when the application was lodged with the Court
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
18/09/2018 - pending
on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention
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
08/10/2016 - pending
on the date when the application was lodged with the Court
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 - 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 on 05/08/2021.
pending on the date when the application was lodged with the Court
14051/22
07/02/2022
Sergey Aleksandrovich PLESHEV
1991
Hepatitis C
lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy
01/03/2017 - pending
on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention
20556/22*
19/12/2021
Aleksandr Vladimirovich KHLEBNIKOV
1967
lack of teeth
lack of/delay in medical treatment
04/02/2011 - pending
on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention
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
23/01/2020 - pending
on the date when the application was lodged with the Court
33267/22
17/06/2022
Sergey Borisovich NEKLYAYEV
1962
Elza Albertovna Valiyeva
Nizhniy Novgorod
physical injury
lack of/delay in medical examination, the ambulance was not allowed to visit the applicant, no x-ray of his broken right arm was carried out following the applicant’s alleged ill-treatment
06/05/2020 - 12/05/2020
7 day(s)
The applicant brought proceedings under the CAP arguing lack of medical assistance. Final decision by the Russian Supreme Court on 12/02/2022
Art. 3 – ill-treatment by State agents and absence of effective investigation into the events in question - At around 17:50 on 05/05/2020 / Nizhniy Novgorod / Police officers oof Police Department no. 5 in Nizhniy Novgorod
According to the applicant, he 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 the police van and was pushed down to the ground. The police officers put handcuffs on him, raised him and forced to the van. Several refusals to initiate criminal proceedings. 16/08/2022 Sovetskiy District Court of Nizhniy Novgorod, proceedings terminated due to quashing of one of the refusals to open a criminal case of 17/02/2022
Forensic medical examination log no. 872, record made on 06/05/2020 (elbow joint of right arm swollen, bruised right eye), medical certificate of 13/05/2020 (broken right elbow)
37193/22
21/07/2022
Gogita Anzorovich GVISHIANI
1967
Anastasiya Vladimirovna Kopteyeva
Chita
HIV/AIDS, hepatitis C, 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 - 07/11/2019
4 year(s) and 8 month(s) and 30 day(s)
The applicant lodged a tort 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 (approximately EUR 800). Final decision by the Russian Supreme Court on 21/01/2022
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention
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
06/02/2017 – pending
on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention