THIRD SECTION
DECISION
Application no. 706/16
MEZHREGIONALNAYA ASSOTSIATSIYA AGORA
against Russia
The European Court of Human Rights (Third Section), sitting on 7 October 2021 as a Committee composed of:
Peeter Roosma, President,
Dmitry Dedov,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 17 December 2015,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant association,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant association’s details are set out in the appended table.
The applicant association was represented by Mr S. Petryakov, a lawyer practising in Kazan.
The applicant association’s complaints under Articles 2 and 3 of the Convention concerning inadequate medical treatment in detention resulting in Mr K.’s death were communicated to the Russian Government (“the Government”).
THE LAW
The applicant association, acting on behalf of Mr K., complained under Articles 2 and 3 of the Convention that he had died in custody because of inadequate medical assistance.
The Court notes from the outset, and the parties do not argue otherwise, that Mr K., the direct victim of the alleged violations, had died before the present application was lodged with the Court and that the applicant association is not an indirect victim within the meaning of the Court’s case‑law.
The Court further notes that Mr K. did not initiate any proceedings before domestic courts or the Court to complain about his medical situation. Nor did he retain the applicant association to act on his behalf in that respect. While being mindful of the precariousness of Mr K.’s situation (he was suffering from the advanced stage of cancer), the Court discerns nothing in the materials submitted to conclude that he lacked mental or legal capacity to bring those proceedings during his lifetime or that he was otherwise prevented from doing so.
The Court also observes that, even after Mr K.’s death, the applicant association did not make any attempt to raise the complaint about the circumstances leading to that tragic event before the national competent authorities.
Regard being had to the above, the Court considers that the present application is different from the case of Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania ([GC], no. 47848/08, §§ 104-14, ECHR 2014), in which the Court accepted an NGO’s standing as de facto representative of a deceased direct victim who had suffered from a mental illness and had been manifestly incapable of expressing any wishes or views regarding his own needs and interests and whose interests the NGO had sought to protect at the national level in order to elucidate the circumstances leading up to and surrounding his death. In the present case the Court discerns no exceptional circumstances that would allow the applicant association to act on behalf of Mr K. and concludes that the applicant association does not have standing to introduce the application on his behalf. It follows that the present application is incompatible ratione personae with the provisions of the Convention pursuant to Article 35 §§ 3 (a) and must be rejected pursuant to Article 35 § 4.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 28 October 2021.
{signature_p_2}
Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Articles 2 and 3 of the Convention
(inadequate medical treatment in detention)
Application no.
Date of introduction
Applicant association’s name
Year of registration
Representative’s name and location
Principal medical condition
Alleged shortcomings in
Mr K.’s medical treatment
Dates
706/16
17/12/2015
Mezhregionalnaya Assotsiatsiya Agora
2005
Petryakov Sergey Ivanovich
Kazan
Mr K. suffered from cancer
lacking/delayed drug therapy
01/04/2014 to 17/08/2015
1 year(s) and 4 month(s) and 17 day(s)