Communicated on 2 July 2015 and 18 February 2017
FOURTH SECTION
Application no. 19964/13
Oleg Gennadyevich POKHODENKO
against Ukraine
lodged on 6 February 2013
STATEMENT OF FACTS
The applicant, Mr Oleg Gennadyevich Pokhodenko, is a Ukrainian national, who was born in 1972 and lives in Kostyantynivka.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 12 January 2011 the applicant was arrested on suspicion of a number of drug-related crimes. On 17 January 2011 he was placed in the Artemivsk pre-trial detention centre (SIZO).
According to the applicant, from 2008 he has been suffering of chronic diffuse osteomyelitis of his lower jaw. After his placement in the SIZO, he was provided with a medical treatment. The applicant does not indicate what the treatment consisted of.
On 3 August 2011 the applicant was examined by the doctor at the Artemivsk City Hospital who confirmed the previous diagnosis. The doctor decided that the applicant did not require urgent hospitalization. The penitentiary authorities informed the applicant that his further treatment would be possible after the entry into force of the court’s judgment on his conviction.
On 26 June 2012 the Donetsk Regional Prosecutor’s Office, in reply to the applicant’s complaint about inadequate medical treatment in the SIZO, reiterated information previously provided by the penitentiary authorities, that the applicant would be provided with the necessary medical treatment after the entry into force of the court’s judgment on his conviction.
On 31 May 2013 the Yenakiyevo City Court of Donetsk Region found the applicant guilty of drug-related crimes and sentenced him to six years and six months’ imprisonment. On the day when the judgment became final the applicant was transferred to a penitentiary institution to serve his sentence. The date of transfer and the name of a penitentiary institution have not been specified by him.
In April 2014 the applicant was granted the third disability degree allegedly in connection with his disease. In his further correspondence to the Court the applicant submitted, without providing documentary evidence, that his state of health had deteriorated compared to August 2011.
On unspecified date the applicant was transferred to the Correctional Colony no. 53 for serving his sentence. In March 2015 he was undergoing a medical treatment in the Correctional Colony no. 10. He does not indicate what the treatment consisted of.
COMPLAINTS
The applicant complains under Articles 2 and 3 of the Convention that he was not given access to appropriate medical assistance while in pre-trial detention.
The applicant also complains under Article 13 of the Convention that he did not have an effective domestic remedy for his complaints under Article 3.
QUESTIONS TO THE PARTIES
1. What kind of medical treatment and assistance was provided to the applicant throughout his detention? Was such treatment sufficient with regards to the requirements of Article 3 of the Convention?
2. Did the applicant have at his disposal an effective domestic remedy for his complaint under Article 3, as required by Article 13 of the Convention?
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