Communicated on 3 December 2015
FIFTH SECTION
Application no. 77332/13
Roman Vasylyovych PSHONKA
against Ukraine
lodged on 10 December 2013
STATEMENT OF FACTS
The applicant, Mr Roman Vasylyovych Pshonka, is a Ukrainian national, who was born in 1988 and lives in Lutsk. He is represented before the Court by Mr A.V. Kulakov, a lawyer practising in Kyiv.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
The applicant suffers from congenital heart disease, which requires treatment on a daily basis with prescription drugs (one pill per day) and specific inhalation procedures (every six hours). He has been classified as having a second-degree disability since childhood.
In February and March 2013 the police authorities initiated criminal proceedings against the applicant on the basis of allegations that he had committed unauthorised and arbitrary acts in respect of bank Z., causing serious damage.
On 20 November 2013 the Cherkasy Regional Court of Appeal ordered the applicant’s pre-trial detention and he was placed in the Cherkasy Pre-trial Detention Centre (“the SIZO”).
On 22 November 2013 the applicant was medically examined in the SIZO’s medical unit.
On 26 November 2013 he received prescription drugs and an inhaler from his relatives.
On 27 November 2013 the applicant underwent a fluorography examination of his chest. He was placed, for certain time, in the SIZO’s medical unit, where he was examined by a cardiologist. The latter confirmed the applicant’s cardiac illness.
On 28 November 2013 the applicant was examined at the Cherkasy Regional Cardiology Centre, where he underwent echocardiography, electrocardiography and radiography tests. The diagnosis was confirmed.
On 11 December 2013 an ambulance was called for the applicant because his state of health had deteriorated. He was subsequently transferred to the medical unit of the SIZO for in-patient treatment and supervision.
On 28 January 2014 the applicant was examined by a cardiac surgeon, who considered that the applicant needed to undergo an examination at the Kyiv Hospital of Cardiac Surgery.
On 12 February 2014 the Court applied Rule 39 of the Rules of Court and indicated to the Government that the applicant should be immediately examined by medical experts independent from the penitentiary system who had to provide answers to a number of questions relating to the applicant’s condition and his treatment.
On 25 February 2014 the preventive measure against the applicant was changed to bail and he was released from the SIZO. Subsequently, the interim measure was lifted by the Court.
COMPLAINT
The applicant complains under Articles 2 and 3 of the Convention that he did not have adequate medical treatment during his pre-trial detention.
QUESTION TO THE PARTIES
Has there been a breach of Article 3 of the Convention on account of the allegedly inadequate medical treatment and supervision of the applicant during his detention?
The Government are invited to provide medical and other relevant material in support of their submissions.
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