Communicated on 19 July 2017
FOURTH SECTION
Application no. 30289/17
Sergiy Pavlovych KROTOV
against Ukraine
lodged on 12 April 2017
SUBJECT MATTER OF THE CASE
The application concerns lack of access to adequate medical treatment of the applicant and lack of care in detention given his physical disability. The applicant is a physically disabled person whose limbs have all been amputated (in 2005, 2006, and 2016). He suffers from a number of illnesses, in particular Buerger’s disease, heart disease, digestive system disease, kidney disease and pulmonary failure. Since December 2007 he has been serving a fifteen-year prison sentence for murder. The applicant states that he does not receive adequate medical treatment while in prison. He also states that he does not receive care from the prison administration relevant to his physical disability, being assisted only by fellow inmates. On 19 July 2016 the Dnipropetrovsk Regional Court of Appeal upheld the decision of the local court refusing the applicant’s request for release on health grounds as unsubstantiated. On 12 June 2017 the prison hospital issued a certificate concluding that the state of the applicant’s health and the progress of his disease prevented from further serving of sentence, adding that it may lead to lethal consequences. The applicant repeatedly requested the local court for release on health grounds. According to him, his request is pending before the local court.
Referring to Article 3 of the Convention the applicant complains that he was not given access to appropriate medical assistance while detained. He also complains that he did not receive relevant care by the prison authorities given his physical disability.
QUESTIONS tO THE PARTIES
1. Was the medical assistance and treatment provided to the applicant while in detention in compliance with the requirements of Article 3 of the Convention?
2. Has the applicant been subjected to inhuman or degrading treatment in detention, in breach of Article 3 of the Convention, in view of his physical disability (see Helhal v. France, no. 10401/12, §§ 49-52, 19 February 2015)?
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