THIRD SECTION
DECISION
Application no. 50166/13
Andrey Ivanovich SUCHKOV against Russia
and 13 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 25 November 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 applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government in respect of these application,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and the relevant details of the applications are set out in the appended table.
The applicants’ complaints under Articles 3 and 13 of the Convention concerning the inadequate medical assistance in detention and the lack of any effective remedy in domestic law were communicated to the Russian Government (“the Government”).
THE LAW
Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Complaints under Article 3 of the Convention (inadequate medical treatment in detention)The applicants complained that they had not received adequate medical assistance in respect of their medical conditions listed in the appended table. They relied on Article 3 of the Convention, which reads as follows:
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
The Court observes that the general principles regarding the quality of medical care in detention have been stated in several of its previous judgments (see, among many other authorities, Blokhin v. Russia [GC], no. 47152/06, §§ 135-40, ECHR 2016, and Ivko v. Russia, no. 30575/08, §§ 91-95, 15 December 2015).
The Court further reiterates that it adopts conclusions after evaluating all the evidence, including such inferences as may flow from the facts and the parties’ submissions. According to its established case-law, proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact (see, for example, Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, § 121, 10 January 2012). In cases regarding conditions of detention and medical assistance in detention the burden of proof may, under certain circumstances, be shifted to the authorities (see Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII; see also Mathew v. the Netherlands, no. 24919/03, § 156, ECHR 2005 IX). Nevertheless, an applicant must provide an elaborate and consistent account of the State’s alleged failure to provide him with the required medical assistance, mentioning the specific elements which would enable the Court to determine that the complaint is not manifestly ill-founded or inadmissible on any other grounds.
Having examined the materials submitted, including extensive medical evidence submitted by the Government, the Court considers that the applicants received essential medical treatment in respect of their conditions. The defects in the quality of medical care alleged by the applicants are either insignificant or not supported by sufficiently strong evidence. Therefore they cannot be accepted by the Court.
In view of the above, the Court finds that the present complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
Complaints under Article 13 of the ConventionSome applicants also complained that no effective domestic remedies regarding the quality of the medical care in detention had been available to them in violation of Article 13 of the Convention.
The Court reiterates that Article 13 requires domestic remedies only with regard to complaints arguable in terms of the Convention (see Boyle and Rice v. the United Kingdom, 27 April 1988, § 52, Series A no. 131). Since the Court has found above that the applicants’ complaints about the quality of the medical treatment in detention are manifestly ill-founded, no issue under Article 13 of the Convention arises in their cases.
It follows that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
Remaining complaintsMr Buntov (application no. 77634/16) also raised other complaints under various provisions of the Convention.
The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 16 December 2021.
{signature_p_2}
Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Articles 3 and 13 of the Convention
(inadequate medical treatment in detention)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Principal medical condition
Alleged shortcomings in medical treatment
Dates
50166/13
22/07/2013
Andrey Ivanovich SUCHKOV
1972
Kurakov Dmitriy Valeryevich
Ufa
HIV/AIDS
lacking/delayed drug therapy
21/02/2013 - pending
More than 8 year(s)
62446/16
18/01/2017
Andrey Aleksandrovich SINELNIKOV
1980
Inguinal hernia
Lack of surgery
16/12/2014 - pending
More than 5 year(s)
77634/16
15/12/2016
Vitaliy Maratovich BUNTOV
1976
Stolbunov Andrey Borisovich
Miami Beach
Spinal condition
lack of an in-depth medical examination,
consultation by a neurologist, or treatment
10/10/2016 - pending
More than 5 year(s)
19969/17
01/03/2017
Maksim Dmitriyevich METELKIN
1978
Gayazova Regina Fargatovna
Kazan
Cicatricial stricture (narrowing) of oesophagus
lack of surgery,
appropriate nutrition and a blender
08/12/2014 - pending
More than 6 year(s)
59016/17
05/08/2017
Pavel Viktorovich PETROV
1964
Radnayeva Nadezhda Valeryevna
Moscow
Hypertension disease and epilepsy
Post-surgery condition (removed stomach and part of gullet affected by cancer)
lack of treatment
27/01/2017
More than 4 year(s)
lack of drug therapy prescribed before the arrest,
since 09/02/2016
More than 4 year(s)
lack of diet prescribed on 20/05/2016
since 09/02/2016
More than 4 year(s)
lack of consultation by an oncologist
since 09/02/2016
More than 4 year(s)
lack of/delay in medical testing/examinations related to cancer
since 09/02/2016
More than 4 year(s)
81380/17
29/11/2017
Ruslan Viktorovich SEMIN
1975
Petryakov Sergey Ivanovich
Kazan
Spondyloarthritis
(Bechterev’s disease)
lack of necessary drugs in the detention facility,
lack of consultation by a rheumatologist,
lack of regular medical examinations, massage/ physiotherapy
10/02/2016 - pending
More than 4 year(s)
39747/18
10/08/2018
Magomed Mazhitovich MUKHIYEV
1963
Karpinskaya Kseniya Sergeyevna
Moscow
Gastroduodenal ulcer
lack of/ delay in medical treatment until 22/03/2018,
lack of effective medication prescribed since 22/03/2018,
lack of necessary medical examinations
05/02/2016 - pending
More than 5 years
40345/18
26/07/2018
Artem Melikovich CHAKRYAN
1979
Heart condition, ophthalmic disease
lack of/delay in consultation by a specialist,
lack of/delay in medical examination,
lacking/delayed drug therapy
01/02/2018 - pending
More than 3 year(s)
40895/18
11/08/2018
Oleg Vladimirovich POTKIN
1970
Hepatitis C, macular degeneration (medical condition resulting in blurred or no vision in the centre of the visual field of an eye), post-traumatic arthrosis of the ankle joint and arthrosis of the right knee
lack of/ delay in necessary treatment,
lack of proper medical examinations,
lacking/delayed drug therapy
13/10/2012 to 08/05/2019
6 year(s) and 6 month(s) and 26 day(s)
46254/18
21/09/2018
Rustam Ramazanovich MUSAYEV
1990
Radnayeva Nadezhda Valeryevna
Moscow
Tuberculosis
lacking/delayed drug therapy,
lack of/delay in surgical treatment,
lack of/delay in medical testing,
lack of proper assistance while taking a shower or taking food,
lack of proper nursing care
17/11/2017 to 29/01/2019
1 year(s) and 2 month(s) and 13 day(s)
54575/18
09/11/2018
Vladimir Viktorovich STOLBOVSKIKH
1987
Insulin dependent diabetes
lacking/delayed drug therapy (insulin),
lack of/ delay in medical consultations and testing
15/05/2017 - pending
More than 4 years
58847/18
20/11/2018
Vitaliy Sergeyevich MALTSEV
1980
Insulin-dependent diabetes
lacking/delayed drug therapy (insulin),
lacking/delayed diet,
lack of/delay in medical examination
20/06/2018 to 08/02/2019
7 month(s) and 20 day(s)
18797/19
21/03/2019
(3 applicants)
Ivan Aleksandrovich FEDIRKO
1983
Roman Aleksandrovich ZHURABOVICH
1976
Valeriy Vladimirovich MAKAROV
1968
Stichting Russian
Justice Initiative
Moscow
First applicant (Mr Fedirko), allegedly suffering from hepatitis
Peyronie’s disease (a noncancerous condition resulting from fibrous scar tissue that develops on the penis)
Second applicant (Mr Makarov), allegedly suffering from hepatitis
HIV/AIDS
Third applicant (Mr Zhurabovich), HIV/AIDS,
lacking/delayed drug therapy
29/10/2018 to 14/06/2019
7 month(s) and 17 day(s)
lack of/delay in consultation by a specialist
16/08/2017 to 14/06/2019
1 year(s) and 9 month(s) and 30 day(s)
lacking/delayed drug therapy
01/10/2015 - pending
More than 6 year(s)
lacking/delayed drug therapy, lack of/delay in medical testing
19/05/2017 to 21/02/2018
9 month(s) and 3 day(s)
lacking/delayed drug therapy
19/11/2015 - pending
More than 6 year(s)
26186/19
08/05/2019
Sergey Valeryevich MASHAGIN
1984
Kachanov Roman Yevgenyevich
Yekaterinburg
HIV/AIDS, Tuberculosis
lacking/delayed drug therapy
15/02/2019 to 21/06/2019
4 month(s) and 7 day(s)