SECOND SECTION
Application no. 32767/10
Maksym YASTREMSKIY against Turkey
lodged on 11 June 2010
STATEMENT OF FACTS
The applicant, Mr Maksym Yastremskiy, is a Ukrainian national, who was born in 1982. He was represented before the Court by Mr Oleksandr Shandula, a lawyer practising in Kharkov City.
The following summary of the facts of the case is based on the submissions of the applicant and on replies received from the respondent Government to factual questions put to them pursuant to Rule 49 § 3 (a) of the Rules of Court.
The applicant was arrested in 2007 and is currently serving a prison sentence in Turkey. Upon the applicant’s requests to be seen by a doctor, the prison authorities sent him to the prison infirmary several times. The doctors, who examined him on different occasions, diagnosed him with lumbago, vitamin deficiency, insomnia, depression, a urinary tract infection, an eating disorder and dental problems. The applicant was provided with medical treatment according to the prison doctors’ prescriptions.
The applicant’s state of health deteriorated. In January and February 2011 the doctors ordered an x-ray and a tomography of the applicant’s lungs. He was also frequently transferred to the pulmonary diseases unit of the Antalya Education and Research Hospital and Antalya Tuberculosis Dispensary. On 10 February 2011 the applicant was diagnosed with tuberculosis.
On 25 March 2011 his treatment started in the Antalya Tuberculosis Dispensary. On 8 April 2011 the applicant was transferred to the Maltepe Tuberculosis Dispensary where the doctors decided to continue the antibiotics treatment which he had already commenced in Antalya.
Meanwhile, to ensure better medical attention, the applicant was transferred to the Maltepe L-type prison.
On 12 May, 9 June and 1 July 2011 respectively, the applicant was examined by doctors of the Maltepe Tuberculosis Dispensary. According to the Government’s submissions, all necessary analyses and examinations were made.
The report issued on 26 July 2011 noted that although the applicant had undergone treatment for four months, he showed resistance to it. The report further indicated the existence of a cavitary lesion in the upper part of the applicant’s right lung.
In 2011 the applicant’s mother applied to the prison prosecutor and requested that she be provided with the medical reports concerning her son. On an unspecified date, the prison prosecutor refused her request.
COMPLAINT
The applicant complained that the domestic authorities had failed to provide him with adequate medical assistance in due time.
QUESTIONS TO THE PARTIES
1. Has the applicant exhausted all effective domestic remedies concerning the alleged inadequacy of his medical treatment, as required by Article 35 § 1 of the Convention?
2. Was adequate medical treatment and assistance provided to the applicant in prison and was such treatment compatible with the requirements of Article 3 of the Convention?
The Government are further requested to inform the Court of the latest situation of the applicant’s health and the treatment provided to him.
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