Communicated on 21 February 2014
FIFTH SECTION
Application no. 9414/13
Maksim Viktorovich SOKIL
against Ukraine
lodged on 5 February 2013
STATEMENT OF FACTS
The applicant, Mr Maksim Viktorovich Sokil, is a Ukrainian national, who was born in 1981 and in currently serving his sentence in the Zhovtneva Correctional Colony No. 17 in Ukraine. He is represented before the Court by Ms N. G. Okhotnikova, a lawyer practising in Kharkiv.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
According to medical documents submitted by the applicant, since 1996 the applicant has been taking drugs and is currently suffering from numerous diseases.
On 13 July 2010 the Obolonskyy District Court of Kyiv sentenced the applicant to five years’ imprisonment for drugs related offences and a theft.
In May 2011 the applicant was diagnosed with IV stage HIV.
On 7 July 2011 the court released him from serving further sentence in view of his poor state of health.
Since 25 July 2011 the applicant was subjected to regular medical checks in the Kyiv City AIDS Centre.
On 1 February 2012 the applicant was apprehended on suspicion of committing further drugs related offences and a theft.
On 20 March 2012 the applicant was placed in the SIZO medical ward.
On 18 April 2012 his CD4+ T cell count was 762.
On 13 August 2012 the applicant was discharged from the medical ward. Upon discharge the applicant was diagnosed with HIV and various chronic diseases. It was also noted that during the last month the applicant had been feeling worse. Further treatment in a specialized hospital was recommended. Among the medications listed in the medical certificate issued upon the applicant’s discharge the antiretroviral drugs are absent. During his stay in the medical ward the applicant was receiving mostly antibiotics and various medications in respect of his liver diseases.
On 3 September 2012 the Dniprovskyy District Court of Kyiv convicted the applicant as charged and sentenced him to two years’ imprisonment.
On 14 November 2012 a SIZO doctor examined the applicant and noted that there were no signs of active tuberculosis and that the applicant was “practically healthy”. However, on 4 January 2013 another doctor diagnosed the applicant with the tuberculosis and noted that the applicant had “moderately grave” health deterioration.
On 23 January 2013 the applicant’s CD4+ T cell count was 314.
On 28 January 2013 a court of appeal upheld the first instance court’s judgment.
On 18 February 2013 the applicant was transferred to a correctional colony. According to the applicant’s submissions of 3 April 2013, upon arrival he was examined by a doctor. On 1 April 2013 he had a CD4+ T cell count examination the results of which are unknown.
COMPLAINTS
The applicant complains under Article 3 of the Convention about lack of appropriate medical assistance in detention. In particular, he complains that no antiretroviral therapy has been provided to him in detention and that his tuberculosis was not properly diagnosed and treated.
QUESTION TO THE PARTIES
Has adequate medical treatment and assistance been provided to the applicant in detention and has such treatment been compatible with the requirements of Article 3 of the Convention?
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