Published on 27 March 2023
THIRD SECTION
Application no. 35773/18
Sergey Nikolayevich YANOV against Russia
and 7 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 10 March 2022, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 3 and Article 13 of the Convention relating to inadequate medical treatment in detention and the lack of any effective remedy in domestic law which are the subject of well‑established case law of the Court (see Blokhin v. Russia [GC], no. 47152/06, §§ 120-50, ECHR 2016, Reshetnyak v. Russia, no. 56027/10, §§ 49-101, 8 January 2013 and Koryak v. Russia, no. 24677/10, §§ 70-110, 13 November 2012).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Articles 3 and 13 of the Convention
(inadequate medical treatment in detention and the lack of any effective remedy in domestic law)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Principal medical condition
Shortcomings in medical treatment
Dates
Other complaints under well‑established case-law
35773/18*
04/07/2018
Sergey Nikolayevich YANOV
1973
Ashot Aleksandrovich Andreyev
Syktyvkar
Hepatitis C
lacking/delayed drug therapy, lack of/delay in medical examination
13/10/2016
pending
More than 5 year(s) and 3 month(s) and 16 day(s)
Art. 13 - lack of any effective remedy in domestic law to complain about poor conditions of transport,
Art. 3 - inadequate conditions of detention during transport:
numerous occasions of transport between the detention facility and the courthouse in the period between 13/10/2016 and 11/04/2018; overcrowded van and detention in an overcrowded collection cell in the courthouse; and poor conditions of the applicant’s transport between detention facilities in April‑May 2018 and on 21‑22/02/2019 (by train and van); 0.4 sq. m of personal space (insufficient number of sleeping places, no or restricted access to toilet),
Art. 3 - inadequate conditions of detention after conviction:
Poor conditions of detention in IK-1 Komi Republic starting from 21/05/2018 (overcrowding - 1.3 sq. m per person; no or restricted access to warm water, lack of privacy for toilet, no or restricted access to shower, poor quality of food)
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Syktyvkar Town Court of the Komi Republic, 15/01/2018
48419/19*
01/08/2019
Andrey Ivanovich LABUSHKIN
1982
HIV/AIDS, hepatitis
lack of/delay in medical testing, lack of/delay in medical examination
20/08/2020
pending
More than 1 year(s) and 5 month(s) and 9 day(s)
Art. 3 - inadequate conditions of detention during transport: inadequate conditions of transportation in van, train (insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, no or restricted access to toilet) from 03/03/2019 to 25/05/2019,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
55990/20*
28/12/2020
Ivan Grigoryevich KLYAYN
1959
Marina Valentinovna Vikhlyantseva
Tomsk
prostatitis, incontinence, pyelonephritis
lack of/delay in medical examination, lacking/delayed drug therapy, lack of inpatient treatment
30/11/2020 to
13/01/2021
1 month(s) and 15 day(s)
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - on 14/11/2020, Kirovskiy District Court, judgment on 14/11/2020,
Art. 5 (3) - excessive length of pre-trial detention – pending since 13/11/2020, Kirovskiy District Court of Tomsk, Tomsk Regional Court - failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice failure to examine the possibility of applying other measures of restraint fragility of the reasons employed by the courts
2052/21
03/12/2020
Yulian Yevgenyevich NEMTSEV
1981
kidney and urinary disease, lower limbs varicose veins, osteochondrosis
lacking/delayed drug therapy, lack of/delay in medical examination
30/07/2019
pending
More than 2 year(s) and 5 month(s) and 30 day(s)
Art. 3 - inadequate conditions of detention during transport:
1) train, van, 08/08/2021 - 09/08/2021, 0,4 sq. m. per inmate: applicant transported on numerous occasions for lengthy periods of time, inadequate temperature, insufficient number of sleeping places, lack of or insufficient natural light, overcrowding, lack of or insufficient electric light;
2) train, van, 02/11/2021, 0,4 sq. m. per inmate: applicant transported on numerous occasions for lengthy periods of time, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, overcrowding,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
7399/21
13/01/2021
Anton Nikolayevich DEMIN
1986
heart condition, hepatitis, myopia, undiagnosed back pain
lack of/delay in consultation by a specialist, lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed diet, lacking/delayed drug therapy
07/01/2016
pending
More than 6 year(s) and 22 day(s)
Art. 3 - inadequate conditions of detention after conviction:
IK-1 Komi Republic, 27/02/2020‑pending, 2,1‑2,3 sq. m., 40 inmates, overcrowding, lack of or restricted access to leisure or educational activities, lack of toiletries, no or restricted access to shower, poor quality of food, inadequate temperature,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
8315/21*
18/01/2021
Aleksey Vladimirovich KVASHIN
1983
failure to provide medical care for dental prosthetics
lack of/delay in consultation by a specialist, lack of/delay in medical examination, failure to provide the prosthetic dentistry
09/12/2016
pending
More than 5 year(s) and 1 month(s) and 20 day(s)
11504/21*
29/01/2021
Sergey Olegovich YELISEYEV
1988
physical injury, left shoulder, complications after the surgeries
lack of/delay in medical examination, lack of/delay in medical testing, lack of/delay in consultation by a specialist, delay in surgery
31/05/2014
pending
More than 7 year(s) and 7 month(s) and 29 day(s)
25394/21*
19/04/2021
Dmitriy Vyacheslavovich STARKIN
1983
mental disease, psychopathy
lack of/delay in consultation by a specialist, lacking/delayed drug therapy, lack of/delay in medical examination
10/01/2021
pending
More than 1 year(s) and 19 day(s)
Art. 3 - inadequate conditions of detention during transport:
Conditions of the applicant’s transport by train, van from 31/10/2020 to 30/01/2021: 0.35 sq. m. of personal space, applicant transported on numerous occasions, overcrowding, insufficient number of sleeping places, lack or insufficient quantity of food, lack of requisite medical assistance, no or restricted access to toilet, no or restricted access to potable water,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.